by Guest » Wed Feb 20, 2008 09:32 pm
Hi. Im gonna write word for word, what the police report states...
-Owners of V1(me) stated he had parked his vihicle in the driveway overnight and was awoken in AM and told V2 had struck his vehicle. I interviewed the owner of V2 and he stated the vehicle as parked in the driveway and V1 was parked on the grass to the left his vehicle. Overnight V2 slid on the ice striking V1. The incident was noticed at approximately 7am and not reported until almost 4pm. Vehicles had been moved prior to our arrival.
Now this is the first letter from progressive......02/08/2008
-We have been informed of your involvement in the loss dated 02/06/2008. If you have not yet spoken with a representative from our company, please call...New York State has a Comparative Negligence Law which applies to this accident. This law provides that you can recover your damages only in proportion to our policyholders degree of negligence. In ohter words, if you were partially at fault, you cannot recover your damages in full. Damages may include loss of use of damaged property and other such out-of-pocket expenses which are reasonable attributed to the accident, subject to verification of these expenses. Our policy provides for property damage only to the extent of our policyholders legal liability and in no event will payments exceed our policy limits.
Now this is the second letter from progressive.........02/11/2008
-It is our policy to pay only those claims for which our insured becomes legally liabel due to negligence. My investigation into the facts of this accident indicate our insured was not liable for this accident. I have determined that our insured is not at fault for this loss. Therefore, we are denying liability and will not be making any payments to you on this claim.
-Owners of V1(me) stated he had parked his vihicle in the driveway overnight and was awoken in AM and told V2 had struck his vehicle. I interviewed the owner of V2 and he stated the vehicle as parked in the driveway and V1 was parked on the grass to the left his vehicle. Overnight V2 slid on the ice striking V1. The incident was noticed at approximately 7am and not reported until almost 4pm. Vehicles had been moved prior to our arrival.
Now this is the first letter from progressive......02/08/2008
-We have been informed of your involvement in the loss dated 02/06/2008. If you have not yet spoken with a representative from our company, please call...New York State has a Comparative Negligence Law which applies to this accident. This law provides that you can recover your damages only in proportion to our policyholders degree of negligence. In ohter words, if you were partially at fault, you cannot recover your damages in full. Damages may include loss of use of damaged property and other such out-of-pocket expenses which are reasonable attributed to the accident, subject to verification of these expenses. Our policy provides for property damage only to the extent of our policyholders legal liability and in no event will payments exceed our policy limits.
Now this is the second letter from progressive.........02/11/2008
-It is our policy to pay only those claims for which our insured becomes legally liabel due to negligence. My investigation into the facts of this accident indicate our insured was not liable for this accident. I have determined that our insured is not at fault for this loss. Therefore, we are denying liability and will not be making any payments to you on this claim.
Posted: Thu Feb 21, 2008 12:20 am Post Subject:
Progressive is their insurance, correct?
If he slid and hit your car, then they certainly ARE responsible! You may need your insurance company to fight it for you.
Posted: Thu Feb 21, 2008 04:51 am Post Subject:
Hey, we have quite a sloppy situation in hand.....this ice is really making people's lives miserable. :x Anyways, the police report, itself, very vague, and from its verbiage its very difficult to establish the clear picture.
Buddy, many state follows the rule of comparative negligence, which states that you'll not receive coverage for the part of your involvement in the accident. The position of the two vehicles may play the most important role in the whole claim settlement process. If ice being the reason for the other vehicle to slid and hit yours then the other driver's insurance company can attribute it to the "Act of God', which may clear their client form the obligations of paying your damages. With no witness and vague police report (which is certainly not putting the other-party clearly at-fault), I guess you may not get a chance to recover the damages from Progressive. However, you may contact your carrier and seek assistance from them.
Posted: Thu Feb 21, 2008 05:15 am Post Subject:
Well my friend, the police report does say somethings while the background of such actions are still left out or are either unknown to the police.
Overnight V2 slid on the ice striking V1.
What was the reason for this slide-effect? With what speed was V2 moving or how good was the visibility ? There are no mentions of such facts in this report. Have you disclosed the entire police-report to us or does it have something at the end too?
The incident was noticed at approximately 7am and not reported until almost 4pm. Vehicles had been moved prior to our arrival.
See, again this was not the best under the circumstances. Why did it take so long to notify the police. What were you doing for these 9 hours ?
Yes of course, I'd agree that your company should guide you out, but they need to have consolidated data to prove that you're not the party-at-fault!
All the best,
MidNitewatcher
Posted: Thu Feb 21, 2008 05:16 am Post Subject:
It is our policy to pay only those claims for which our insured becomes legally liabel due to negligence. My investigation into the facts of this accident indicate our insured was not liable for this accident. I have determined that our insured is not at fault for this loss. Therefore, we are denying liability and will not be making any payments to you on this claim.
Whenever the insurance company denies a claim they are responsible to show the reason to the claimant. I'd like to know what their reason was. If they haven't provided any justification for the refusal, ask them to give it to you in writing. Then you can check it for any erroneous explanation. You may need to find out gather documents and witnesses in your support, if you wish to challenge their decision. Best wishes!
Posted: Thu Feb 21, 2008 05:17 am Post Subject:
Hi...didn't you have any witness...not even a single one!
Atleast I'd like you to gather shots of your car before n after the accident & go ahead to consult the State DOI for further guidance before you reach out to an attorney. Regards, Alliinvain66
Posted: Thu Feb 21, 2008 06:46 am Post Subject:
Juat quoting the police report is not doing you any favors. How about explaining what happen? As far as I can see, there were no drivers and the other person's slid into your parked vehicle. Was there a storm at the time that pushed the other vehicle into your? Did you ever speak to Progressive?
It sounds like they are thinking that their driver did nothing wrong in that the vehicle was parked and just slid on the ice. I'd not agree. If this is the case I'd say that the other person did not park the vehicle in a safe manner. That is, it was parked on top of ice.
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