Here’s a revised version of your post:
There are three parties involved in a recent accident, one of whom is my aunt. A couple of weeks ago, my aunt’s vehicle was struck by another car that had been hit by a third party, resulting in damage to her vehicle. Initially, the third party was reported as at fault.
However, in the follow-up report, the driver who caused the damage to my aunt’s car was deemed responsible, effectively invalidating the first report.
Currently, both my aunt and the driver who collided with her have Progressive insurance, while the third party is with USAA. It seems that the driver at fault may not have full coverage, which could leave my aunt with partial compensation for the damages, as neither the second nor third parties are willing to take responsibility.
Progressive informed my aunt that if she files under the second party’s policy, she would only receive half of the car’s repair costs. Furthermore, she would need to file under her own policy, which would likely result in a slight increase in her premium.
Does anyone have advice on how she should proceed? Should she accept what Progressive suggested, or should she pursue claims with both insurance companies?
P.S. I forgot to mention that my aunt is still making payments on her car, as she just purchased it last year.
I’m sorry to hear about your aunt’s situation. It sounds really complicated and frustrating. Here are some steps she might consider taking:
Review Insurance Policies: First, your aunt should review her own progressive policy to understand what coverage she has. This includes checking for collision, uninsured motorist, and underinsured motorist coverage, as these can come into play.
Contact Claims Adjusters: She should contact the claims adjusters from both the party who hit her and her own insurance to clarify any confusion. It’s important to have a solid understanding of why the fault was reassessed and what coverage is available.
Gather Documentation: Encourage her to collect all relevant documentation, including police reports, any photos from the accident scene, damage estimates, and medical records if applicable. This will help in negotiations with both insurance companies.
Negotiate with Insurance: If the at-fault party’s insurance isn’t covering the full cost, your aunt may need to negotiate. She can present evidence of the damage and repair costs to see if they are willing to cover more.
Consult an Attorney: If it looks like neither insurance is willing to take full responsibility, it may be beneficial for her to consult with a personal injury attorney. They can provide guidance based on her specific situation and help her understand her rights.
Consider Filing a Claim Under Her Own Policy: If negotiations with the other insurances don’t lead to a satisfactory outcome, your aunt might have to consider filing under her own policy. While this may increase her rates, it could also ensure she gets her car repaired without significant out-of-pocket costs.
Consider State Laws: Depending on the state your aunt is in, laws regarding liability and insurance coverage can vary. It may be worthwhile to look into local laws or seek guidance from an attorney who specializes in car accidents.
Re-evaluate the Car’s Value: Since her car is still being paid off, she should get a fair market value assessment of her vehicle. If repairs exceed that value, she may want to discuss options with her insurance about total loss.
Navigating these situations can be frustrating, but it’s crucial for your aunt to stay persistent and keep thorough records of all communications. Good luck to her in resolving this!