What To Do if Progressive Denies My Car Accident Claim?

Your first course of action after a denial of your car accident claim is to begin the appeals process. When your claim is denied, you should get a Notice of Denial. This letter explains why Progressive chose to deny your claim

With that notice, you can work through the appeals process on your own or enlist the assistance of a car accident attorney familiar with Progressive insurance policies. Once you decide to appeal with or without legal representation, you will begin to build your case for reconsideration.

Understanding Florida’s No-Fault Insurance Policy

Since the no-fault insurance law in Florida has changed, you might have other options to collect compensation after a car accident. Per Florida Statutes § 627.7407, everyone must have minimum vehicle insurance to register a vehicle. Policy minimums are:

• $10,000 of Personal Injury Protection (PIP) coverage
• $10,000 of Property Damage Liability (PDL) coverage

PIP should cover 80 percent of medical expenses up to $10,000. PDL covers damage to another person’s property if you are the at-fault driver. You can also pursue damages from another party if they are at fault. 

Exploring the Reason for Denial of Your Progressive Claim

Insurance companies may deny claims for a variety of reasons, including:

• You were at fault (partially or completely)
• There was no medical evaluation with your claim
• No injury diagnosis is included in the claim
• Your claim is higher than the coverage allows
• Liability for the accident may be in doubt
• You waited too long to notify Progressive

The specific reason for denying your claim should be in the letter you received from Progressive notifying you of the denial. Sometimes, rejection of a claim is easy to fix by submitting additional documentation or clarifying facts. Other times, it can be helpful to get the advice of an insurance attorney.

Dealing with a “Bad Faith” Insurance Denial

When Progressive denies a legitimate claim or uses a threat of denial to reduce the payment amount during negotiations, they are said to act in “bad faith.” Progressive is legally required to process claims using good faith practices.   

You have options if you suspect that Progressive is dealing with you under bad faith practices. Some indicators that Progressive might be acting in bad faith can include the following:

• Lack of communication
• Delays in returning calls or providing information
• Omitting important details
• Incorrectly stating the policy provisions
• Baseless refusal of coverage
• Repeated and unnecessary paperwork requirements

If you believe Progressive is acting under bad faith policies in denying your claim, contacting an attorney familiar with insurance practices can be helpful. You pay for insurance coverage, and bad faith practices can be considered a breach of the contract between you and Progressive.

Review the Provisions of Your Policy and Submit Your Appeal

There aren’t readily available instructions for appealing a claim denial on the Progressive website. The basic process is relatively straightforward and should be explained in your notice of denial:

• Review the claim denial letter you received
• Review your policy
• Submit an appeal letter
• If necessary, hire a car accident attorney

The claim denial letter is the formal notice letting you know that Progressive has denied your claim. It should explain why they rejected the claim and the deadline for filing an appeal. The letter should also outline the correct steps to appeal the denial. Please read the letter several times to ensure you understand every part of it. If you have questions, the letter should have a “help” number to call for information. 

You should know and understand your insurance policy. You deserve compensation up to the limit of your policy. Do not allow a claims adjuster to slick-talk you into accepting less. You can let a lawyer handle the negotiations. 

It’s All in the Details—Checking and Rechecking Your Progressive Policy

Florida law is very clear on the responsibility of an insurance company to notify claimants when a partial payment or denial of a claim occurs. Chapter 627 of the Florida Statutes outlines requirements, time limits, and other specifications.

The statute requires details about why a partial or no payment is made. Under this statute, insurers must provide the name and contact information so that a claimant can appeal the decision. In many cases, if the rejection was missing documentation, a claimant can submit an amended claim. Appeals must be submitted within 15 days and include the applicable claim number to facilitate processing.

The entire claims process can be confusing, but the laws protect you from potential bad-faith practices. Paying particular attention to the details will keep the process moving smoothly.

What if My Damages Exceed PIP Coverage?

When your accident is the fault of another party, you can file a lawsuit against their insurance for compensation.

This problem is common, especially with accidents producing catastrophic injuries. There are provisions for this in Florida Statute § 627.737. The at-fault party’s insurance may have to cover the following losses:

• Pain and suffering
• Medical bills, including projected future expenditures
• Physical and occupational therapy
• Lost income
• Reduced earning capacity

Who to Call if Progressive Denies Your Car Accident Claim

If Progressive has denied you, the car accident team at Chalik & Chalik Injury Lawyers can help. Our team is prepared to fight for your compensation. You have a limited period to file an appeal with Progressive. Contact our team to begin with a free case review.