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Can I Sue Progressive After A Car Accident?

  • Law firms who have achieved over $100 million in case results

  • Many $20 million dollar jury verdicts

  • Law firms awarded Best Law Firm in 2022 by US News and World Report

In short, yes, you can sue Progressive following a car accident. This typically becomes an option if the insurance company acts in bad faith.

For example, if they offer an unfair settlement amount that does not correspond with the value of your losses and damages, you may be able to sue the company.

Sometimes, the only way to receive a just car accident settlement is to sue. This process may involve filing a lawsuit against the liable party rather than the insurance provider. Their insurance provider will then be responsible for paying damages won in court.

If you feel Progressive has not treated you fairly after filing a car accident claim, contact an auto accident attorney. They can help you better understand your situation and case.

Progressive insurance agent working on report form with car accident claim process

What To Know About Suing Progressive For An Insurance Claim

Suing Progressive is often considered a last resort for vehicle accident victims. In most cases, an insurance company must act in bad faith for an accident victim to have reason to file a lawsuit.

Examples of ways in which insurance companies can act in bad faith include:

  • Insurance adjusters offering lowball values for losses and damages
  • Falsely representing an insurance policy
  • Failing to handle a Progressive insurance claim in a timely manner
  • Denying claimants fair settlements to compensate for losses and damages

If you feel your auto insurance claim has been handled in bad faith, consider working with a car accident attorney to determine if suing is the best option for your case.

Is Suing Progressive The Same As An Insurance Claim?

No, suing Progressive insurance is not the same as filing a personal injury claim, or car accident claim, with the company.

A claim is what is filed with Progressive by a policyholder or a victim of the at-fault driver immediately following an accident. Progressive will open a claim in their system and follow necessary procedures for the accident case to complete the claims process.

A lawsuit against Progressive is what would result if the company did not properly handle your claim or come to a fair verdict for your case. This is when a civil suit is filed in a court of law.

In some states, the lawsuit is filed against the liable party in their name. However, the liable party’s insurance company is responsible for damages under the policyholder’s premium.

Eligibility For Filing A Car Accident Lawsuit Against Progressive

Working with a personal injury lawyer, or accident attorney, can help you better understand your eligibility for filing a lawsuit.

Common reasons that make someone eligible to file a claim with a large insurance company such as Allstate, Progressive, or Geico include an unfair settlement offer or poor handling of a claim.

If you’re unsure whether you’re eligible to sue Progressive, consider connecting with an experienced personal injury attorney for a free case evaluation.

What Type Of Lawsuit Can You File Against Progressive?

There are a few different types of lawsuits that a victim may bring against a liable party following a car or truck accident. Your attorney can help you better understand these options and help you decide which one is most appropriate for your case.

The most common lawsuits brought against car insurance companies include:

  • Personal injury lawsuits: A personal injury lawsuit entails suing the liable party for losses and damages incurred in an auto accident. In most cases, the liable party is the driver, but their insurance company is accountable for damages.
  • Wrongful death lawsuits: This type of lawsuit is filed when someone wrongfully loses their life in an auto accident. Similar to a personal injury lawsuit, the liable party is the one who is sued.

Factors In Car Accident Lawsuits Against Insurance Companies

There are several factors that can play a role in the filing and outcome of a lawsuit against an auto insurance company. Working with an experienced trial law firm can ensure you’re aware of these factors and they are used to your advantage in your case.

Examples of factors that can impact a lawsuit against Progressive include:

  • Whether you live in a fault or no-fault state: The laws in your state pertaining to fault will impact the lawsuit. If you live in a no-fault state, you’ll file a lawsuit with your own insurance provider. In an at-fault state, you file a lawsuit against the liable party.
  • Who was liable for the accident: The person or party that was liable for the accident plays a role in this type of case, as this is who you will file the lawsuit against to seek compensation.
  • Level of negligence: There are different types of negligence relevant to an auto accident lawsuit. These include pure comparative negligence, modified comparative negligence, and contributory negligence. If you are deemed negligent in any way, this may limit the amount of compensation you can seek.
  • The liable party’s insurance policy limits and coverage: Despite being illegal, some motorists drive while uninsured or underinsured. If this is the case for the liable party, the at-fault individual will be responsible for damages rather than the insurance company.
  • The extent of property damage and/or bodily injury: If you suffered severe injuries or major property loss or damages, this can impact your lawsuit against Progressive in terms of how much compensation you may be eligible for.

How To Sue Progressive Insurance After An Auto Accident

There are several steps involved in starting a lawsuit against a large auto insurance company. Having a strong attorney-client relationship with your lawyer can help ensure you remain in the loop and that your rights are protected throughout the process.

1. Contact A Car Accident Lawyer

One of the first steps in determining whether suing Progressive is your best course of action is to reach out to a car accident lawyer. They will likely provide you with a free consultation to help you decide if this is the course you want to take.

2. Submit Your Car Crash Insurance Claim

Before you can sue an insurance company, you must first go through the claims process. This will involve providing all documentation and evidence of your damages such as medical records and police reports.

In most cases, your attorney can file your claim on your behalf and work with the Progressive insurance adjuster throughout the process.

3. Begin Negotiating Your Settlement

Your car accident attorney will negotiate with the other party’s legal representation on your behalf to reach a fair settlement. If a fair settlement is not reached, your lawyer may offer legal advice that includes filing a lawsuit.

4. File A Lawsuit Against Progressive

If you don’t feel that your claim was handled correctly or that you received a fair settlement offer, you may wish to pursue a lawsuit against Progressive. This is only possible if the liable party has sufficient driver’s insurance through the insurance company.

If you’re unsure if suing Progressive is the right option for you, consider getting in touch with an experienced auto accident trial lawyer in your area.

Evidence You Need To Sue Progressive For An Insurance Claim

There are a few key pieces of evidence you’ll need when filing a claim or lawsuit against Progressive.

The most important pieces of evidence in an accident case include:

  • Police reports: This report provides important details, such as the location of the accident, who was involved, and who was liable.
  • Medical bills and records: If you suffered injuries as a result of the accident and sought medical treatment, it’s important to include all records of this in your claim.
  • Witness statements: Witness statements include the first-hand account of the accident from those who were present when it occurred.
  • Loss records: A loss record is a detailed list of all losses and damages incurred in the accident.

Progressive Insurance Coverage And How It Affects Lawsuits

Progressive offers its policyholders a few primary types of insurance coverage.

The most common insurance coverage includes:

  • Comprehensive coverage: This form of coverage will offer compensation should your vehicle get damaged or destroyed due to a natural occurrence like a storm.
  • Collision coverage: Collision coverage directly covers the policyholder if they are involved in an accident, such as a hit-and-run.
  • Liability coverage: This coverage provides compensation to other drivers should the policyholder be found liable for an auto accident.

How Long Do You Have To Sue Progressive After An Accident?

How long you have to file a lawsuit against a large car insurance company like Progressive is largely dependent on the statute of limitations in your state.

For example, in Texas, the statute of limitations on personal injury claims and lawsuits such as those filed in auto accident cases is two years. However, in Florida, the statute of limitations is four years.

If you’re unsure of the statute of limitations in your state, talk to your auto accident attorney. They can ensure you file your claim or lawsuit in a sufficient amount of time.

Progressive Car Insurance Lawsuit Settlements

Progressive doesn’t offer public, up-to-date information on its lawsuit settlement statistics. However, information is available on statistics that take into account settlement amounts from large auto insurance companies like Progressive.

The average settlement in 2020 was $20,235 for personal injury cases associated with car accidents. For property damage cases, the average settlement was $4,711.

How much a lawsuit settlement will be varies from case to case and is contingent on a number of factors, including damages, pain and suffering, and losses.

Types Of Damages In Progressive Car Accident Lawsuits

There are several types of damages that can occur in an accident and that would therefore be relevant in a Progressive auto accident lawsuit.

Some common examples of damages included in car accident lawsuits include:

  • Medical expenses
  • Loss of consortium
  • Wrongful death
  • Lost wages
  • Pain and suffering
  • Lost earning capacity
  • Property damage

Progressive Auto Insurance Statistics

Progressive is the third top company to write property/casualty insurance by direct premiums as of 2022. They are the second top company to write personal auto insurance by direct premiums. In 2022, the company wrote an estimated $38,927,286 in premiums and consumed 14% of the market share.

Get Help Suing Progressive After A Car Crash Today

If you’ve been involved in an auto accident and feel that Progressive hasn’t handled your claim fairly, working with an experienced personal injury lawyer can help ensure you get the compensation you need and deserve.

LegalFinders would be happy to connect you with an award-winning attorney in your area today.

Progressive Car Accident Lawsuit FAQs

The following are answers to frequently asked questions by accident victims regarding lawsuits against Progressive insurance.

Does Progressive give good settlements?

There is currently no up-to-date information on the average amount of a Progressive auto accident settlement.

If you believe your claim was underpaid according to your damages estimate, reach out to an auto accident lawyer now.

Is Progressive good at paying claims?

The J.D. Power 2022 U.S. Auto Claims Satisfaction Study found that Progressive was rated 861 out of 1,000 for its reputation for paying out claims to clients.

How long does it take for Progressive to payout a claim?

Progressive typically takes around 30 days to investigate the claim and determine whether they will offer the claimant a settlement. However, the exact amount of time Progressive takes to pay that claim can vary from a few weeks to several months.

Article Sources

J.D. Power. “​​Insurers Struggle to Manage Expectations in Auto Claims Process as Repair Times Increase, J.D. Power Find.” Retrieved from https://www.jdpower.com/business/press-releases/2022-us-auto-claims-satisfaction-study.

Insurance Information Institute. “Facts + Statistics: Insurance company rankings.” Retrieved from: https://www.iii.org/fact-statistic/facts-statistics-insurance-company-rankings.

Progressive. “How long does it take to get a settlement check after a car accident?” Retrieved from: https://www.progressive.com/answers/car-insurance-claim-settlement-time-limits/.

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