Progressive is the second largest insurance company in the United States, with over 27.4 million policies as of 2022 [1]. Progressive Insurance liability policies typically include bodily injury coverage. However, a personal injury claim is not always straightforward, making it essential to work with an attorney after an auto accident.
This article will discuss the Progressive bodily injury claim process, factors influencing personal injury claims, and how to ensure a fair settlement. You should contact an experienced auto accident law firm for personalized advice about your insurance claim.
What is Bodily Injury Coverage?
Bodily injury coverage includes auto liability coverage and Progressive Auto Insurance policies. This type of insurance covers medical bills and lost wages for other people injured in a car accident when you are the at-fault driver. It will not cover your own medical expenses.
It’s essential to understand how this type of insurance differs from other insurance options, so you make the correct type of claim. For example, filing an uninsured motorist claim when the other driver did have insurance can lead to denials.
Personal Injury Protection (PIP) is available in no-fault insurance states and will cover your medical expenses in a car accident claim. PIP covers both medical costs and lost income. With PIP, you make an insurance claim against your policy, not the other driver’s.
In contrast, bodily injury covers other victims who suffered injuries when you are responsible for the crash. The car accident victim will make a claim against your insurance policy. Similarly, if you are not responsible for the accident and must make a liability claim for your injuries, you file a claim with the other driver’s insurance.
Uninsured motorist coverage covers your injuries when you get into an accident with an at-fault driver who doesn’t have insurance.
Uninsured motorist claims are against your insurance. This type of insurance is mandatory in many states and is usually included with underinsured motorist coverage. A Chicago uninsured motorist lawyer from our law firm can help you recover compensation in such cases.
Lastly, underinsured motorist benefits compensate you if your expenses exceed the other party’s policy limits. You will file a claim with the other driver’s auto insurance as well as your own, and your insurance will cover whatever is above the other policy’s limit.
As a major insurance company, Progressive offers all of these types of insurance, and bodily injury is usually rolled into the standard liability package. You don’t have to buy it separately. However, understanding what type of insurance claim you need to make will speed up your Progressive claim settlement and reduce the risk of a denial.
Progressive’s Role in Bodily Injury Settlements
Progressive Insurance is responsible for handling all legitimate bodily injury claims filed against the correct party and supported with appropriate evidence, such as medical records and police reports. Their settlement offer should be reasonable; for example, they shouldn’t offer the same thing for a permanent injury, like spinal injuries, as they do for minor injuries.
If Progressive adjusters deny a claim, they must explain why and offer the customer options to appeal their decision. They also need to be responsive to customers and process claims promptly so that victims can file a lawsuit if necessary.
While Progressive has a good reputation with consumers, insurance companies can still refuse to honor their commitments to car accident victims. As such, car accident lawyers can help level the playing field and protect a victim’s legal rights.
The Bodily Injury Claim Process with Progressive
You should get the Progressive insurance claims process started as soon as possible after a car crash to avoid unnecessary delays. After any car accident, you should call the police and get a police report, then gather as much evidence as possible at the accident scene.
Exchange insurance information with the other driver, then get medical attention. Once medical professionals have cleared you, you can begin the claim process with the insurance company.
Reporting the Accident
If Progressive insured the other driver, they should provide you with the phone number to contact the claims adjuster responsible for their policy. You can submit claims to Progressive online using a guest account if you don’t also have Progressive coverage.
When you contact Progressive, you will need this information to start your claim:
- The Progressive policy number
- Where and when the accident happened, in as much detail as possible
- Details about the vehicles involved, including license plates, make and model, and registration number
- If the accident was with a rental car, the rental car company’s details and the reservation number
- Contact details for everyone involved, including names, addresses, and phone numbers
- Description of property damage
- Crash report number if you filed a police report
- Photos of the accident, including damage to both vehicles
- Details of any injuries, including what hospital you went to
Progressive will then assign one or more insurance claims adjusters to your case. They will schedule a time to meet with you and review the damage to your vehicle.
Insurance companies often have partnerships with specific vehicle repair companies, and they may ask you to take your car to one of the network shops. However, you can take your vehicle to any repair shop you’d like, though you may have to submit the repair invoices yourself.
The Investigation Process
Next, Progressive’s adjusters will investigate how the accident occurred and who is at fault. Relevant evidence for car accidents can include surveillance footage, a recorded statement from everyone present, medical reports, police reports, and vehicle repair reports.
They will also review details about your injuries and use calculators to identify how much your injuries may be worth. You’ll then receive a letter that includes a denial or settlement offer.
If Progressive denied your claim, they will send a letter explaining why, and you can appeal their decision if necessary. On the other hand, if Progressive agreed that your claim is legitimate, you and your attorney will start the negotiation process.
Negotiating a Settlement
After they have finished their investigation, Progressive will provide an initial settlement offer. You can choose to accept this, after which you’ll sign a contract and receive your funds. However, the initial offer in a car accident settlement is typically lower than what you should receive, particularly if you don’t have legal representation.
You should schedule a free consultation with an attorney to review the settlement offer with you. They will be able to determine the full extent of your damages and what a fair settlement offer is. Numerous factors contribute to a potential settlement with Progressive, including your future medical needs, and a lawyer will know what a reasonable offer looks like in cases like yours.
Factors Affecting Settlement Amounts
Your settlement with Progressive will vary depending on several factors. The most significant factors are your financial costs from the accident, including hospital bills and time spent off work, but other elements, such as who was liable, will also contribute to the overall sum.
Severity of Injuries & Medical Bills
Adjusters will consider how badly you were injured, how much medical treatment you needed, and your expected Maximum Medical Improvement (MMI) when calculating your settlement. It’s important to provide clear evidence of your medical costs, including costs like physical therapy and rehabilitation.
Lost Wages and Earning Capacity
The time you spend off work will contribute to your settlement amount. Adjusters will want to see proof of your typical income and evidence of the time you took to recover. If you were seriously injured and can no longer work or must re-train for a different line of work, this will also determine how much you receive.
Pain and Suffering
Lawyers will push for non-economic damages in your settlement, which are meant to compensate you for the inconvenience and pain caused by the accident. Non-economic damages can include pain, suffering, emotional distress, and loss of enjoyment of life.
Liability and Comparative Negligence
Liability is a crucial component of compensation for a car accident. The insurance industry typically uses comparative negligence to identify how much you deserve. This means everyone involved in the accident has a percentage of blame, whether 60% or 10%. You will get less from a settlement if you are more responsible for the accident.
Maximizing Your Progressive Bodily Injury Settlement
Settlements are negotiable, and your actions after the accident can influence how much you receive. Providing clear documentation, following treatment plans, and working with car accident lawyers can maximize your chances of success.
Documenting Everything
Thorough documentation improves your chances of a fair settlement, and it starts at the scene of the crash. Take pictures of the scene and insist on getting an accident report, which helps prove liability. You should also get contact details for everyone present and request copies of your medical reports.
Seeking Medical Treatment and Following Through
Always go to the hospital right after an accident, as this proves your injuries are directly connected to the crash. You should also continue documenting your recovery through regular doctor’s visits and follow all treatment plans. This demonstrates the extent of your injuries and shows that you are committed to getting better.
Consulting with a Personal Injury Lawyer
An experienced attorney will handle negotiations on your behalf and provide you with guidance on how to maximize your settlement. Attorneys are familiar with Progressive’s tactics to reduce their responsibility and can counter them with clear evidence.
Dealing with Progressive Insurance Tactics
Like any company, Progressive wants to reduce its expenses, which means offering crash victims less. Insurance adjusters do not have your best interests in mind; they work for Progressive and will do everything possible to minimize your settlement. This is why you need an advocate in the form of an attorney who can represent your interests during negotiations.
Common Tactics Used by Insurance Adjusters
Insurance adjusters will do everything they can to pay you less. They may downplay your injuries or claim that some injuries are due to a pre-existing condition. Another common tactic is to dispute liability, saying that you are responsible for your own injuries because of negligence or distracted driving.
While companies like Progressive are supposed to be responsible to consumers, they may delay the process as long as possible, perhaps even until the statute of limitations has passed. They may continually ask for more information from you or simply not answer your calls, making it difficult to follow up on your claim.
How a Lawyer Can Protect Your Interests
As a multi-million dollar company, Progressive has a team of professionals who work to reduce their liabilities. To effectively counter their tactics, accident victims need an advocate who is committed to helping them receive maximum compensation for recovery.
Personal injury lawyers are experienced negotiators familiar with all aspects of insurance claims. They will fairly calculate what types of damages are common in your case and what a fair settlement may be, then present this evidence to the insurance company, holding them accountable for your claim.
Lawyers will manage the paperwork and negotiation on your behalf so that you have as strong of a case as possible. They are also familiar with presenting evidence to insurance companies, proving that your expenses are directly related to the accident and that you deserve compensation.
If necessary, they can also take a case to court and present your case to a jury, who will then calculate damages.
Secure Expert Legal Counsel!
If you’ve been in an accident with a Progressive-insured driver, Rosenfeld Injury Lawyers can help. Our team of experienced negotiators has helped thousands of victims receive millions of dollars in damages, holding companies accountable for honoring their commitments to consumers.
We work on a contingency fee basis, meaning that our legal fees are deducted from your settlement. This allows you to focus on recovery, not on attorney expenses.
To schedule your free consultation with a Chicago car accident attorney, call us 24/7 at (888) 424-5757 or contact us online.
References: [1] Progressive Insurance