Progressive Auto Insurance Claims
The aftermath of an accident can be confusing. Often, the people injured in the accident are not entirely sure whose fault the accident was, and they may be concerned with obtaining emergency services and medical care for injuries. It is also important to call the police to the scene. The police officer can investigate the causes and interview witnesses. The drivers will need to exchange insurance information. After these steps take place at the site of a car accident, it may be necessary to file a Progressive auto insurance claim. Our Chicago car accident lawyers can help you navigate this process.Progressive Auto Insurance Claims
If you are insured by Progressive, it wants you to report your accident regardless of whose fault the accident is. Once you report the accident, a claims representative will contact you and answer questions. It will schedule an inspection of your car. You should ask about deductibles and which repairs are covered under your policy. The insurer will inspect the damage and provide a repair estimate. It may arrange your repair and towing as needed. You are permitted to bring the car to a repair shop within the Progressive network, or you may be able to use your own repair shop. These are issues that you should discuss with the claims representative. Sometimes a rental car is covered, and this also should be discussed with your claims representative.
Progressive continues to check on the status of repairs and address other issues related to vehicle damage while the car is in the shop. Repairs performed at a network repair shop are guaranteed for as long as you own or lease the repaired car.
People insured by another insurer should look at their insurance policy and read the section on duties to understand when they should report a car accident to their insurer. Most insurers prefer car accidents to be reported right away so that they can investigate in case a lawsuit is brought. All of the drivers involved in the accident should report claims to their own insurers.
Technically, you can also report a claim to Progressive, even if it is the other driver's insurance company. However, in most cases, you should not talk to the insurance adjustor for the other driver before retaining your own attorney. The insurance adjustor may be friendly, but in most cases, the insurance adjustor's goal will be to find out whether you contributed to the accident or whether there are actions that you took that could be construed or spun into alleging your fault for the accident.
To prove another driver's fault, a plaintiff needs to prove the defendant’s duty of care, a breach of the duty of care, actual and proximate causation, and actual damages. How these elements apply depends on the particular circumstances. For example, if the defendant was texting while driving or ran a red light, it is likely that a jury would find that he breached the duty to use reasonable care.
In many cases, a defendant turns around and alleges that the plaintiff is partially or fully to blame, and they will also need to establish these elements in connection with the plaintiff's actions. An insurance adjustor investigating a claim may try to find circumstances that suggest that you breached your duty to use reasonable care.
Illinois follows the doctrine of modified comparative negligence. You cannot recover damages if you are more than 50% at fault. Your damages will be reduced by an amount proportionate to your degree of fault. For example, if the insurance adjustor for the defendant discovers that you were speeding, this will likely be a basis for asserting comparative negligence at trial, with the goal of getting the damages award reduced.Discuss Your Options with a Car Crash Attorney in Chicago
If you were injured in a car accident, and you are concerned about a Progressive auto insurance claim, you should contact an experienced personal injury lawyer. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent accident victims in Chicago, Quincy, Rockford, Champaign, Springfield, and Aurora, as well as other cities in Adams, Winnebago, Champaign, Sangamon, Kane, and Cook Counties. Call us at 312-263-6330 or toll-free at 800-444-1525 for a free consultation.