Progressive Auto Insurance Complaint - Subrogation process fails
After an accident involving myself and another insurance company's policyholder, I was issued a citation by a local police officer for passing in a no-passing zone. In his police report, he wrote that it was for this reason that the accident occurred. I objected to this citation and ened up contesting it in court. The officer appeared in court and pleaded his argument. However, after providing the judge my video evidence that I had compiled, he ulitimately ruled in my favor and dismissed the citation stating that it was indeed a legal passing zone where the accident took place.
Afterwards, I submitted this information to my claims representative and was informed that it would be used in the subrogation process to prove the other party involved was at-fault. Several weeks passed while in the meantime I received a letter in the mail from the other party's attorney stating that she is pursuing legal action against Progressive for the maximum of my liability policy limits ($50,000) even though her medical bills and auto damages only totaled to less than $30,000. I continued to stay in touch with my claims representative during the process and was informed that the claim was still in the subrogation process and to let him know if I receive any more letters from her attorney.
Being optimistic that I would be found to be found not at fault in the accident after the judge's ruling, I waited patiently for the process to run its course. To my surprise however, I recently was informed that the decision was made that I was still at fault! Needless to say, I was stunned as this appeared to be in direct conflict with the judge's ruling. I was told that basically the court's decision played no part in the subrogation process of determing the at fault party and that it was based on the police report instead. This made no sense because the police report stated that I passed in a no passing zone therefore I was at fault for the accident but the judge overruled it and stated it was indeed a legal passing zone. That being said, the police report is inacurate and I should have been found not at fault for the accident.
So apparently, whoever made the decision that I was still the at fault party is above the law because if not, the decision would have been reversed making the other party the at-fault party and therefore her policy would be liable for the damages, not mine. Obviously, this was not the outcome I, or anyone in my place, would have expected. I was advised of my option to pursue this case in small claims court which appears to be the avenue I will take next since Progressive's subrogation process has failed me.
Even though I have taken a financial hit do to this, ultimately it will be Progressive who will be on the losing end after paying the other party's damages which actually should be paid by her own insurance company's policy and ultimately losing me as a policyholder.