How to Sue Progressive Insurance: A Step-by-Step Guide

Have you been injured in an accident and feel Progressive Insurance has treated you unfairly? Are you wondering if you can take legal action against Progressive? This comprehensive guide will walk you through everything you need to know about suing Progressive Insurance.

When Can You Sue Progressive Insurance?

There are a few scenarios where suing Progressive Insurance may be justified:

• Unfair claim settlement offer – If Progressive makes a very low settlement offer that does not sufficiently cover your losses and damages from the accident.

• Claim denial – Progressive may deny your claim outright, falsely claiming your policy doesn’t cover the accident.

• Delayed claim – Progressive drags their feet on investigating or paying out your claim.

• Bad faith – The insurance company acts egregiously by misleading you about your policy, falsifying documents, or destroying evidence.

Basically, if Progressive violates the terms of your policy or does not deal with you in good faith, you may have grounds to take legal action.

Differences Between a Lawsuit and Insurance Claim

Filing a lawsuit against Progressive is very different from submitting an insurance claim:

• Insurance claim – This is filed directly with Progressive after an accident to seek compensation under your policy. Progressive will investigate and attempt to settle.

• Lawsuit – A lawsuit is filed against Progressive in civil court when you are unsatisfied with how they handled your claim. This seeks to resolve your case through the justice system.

You must first go through Progressive’s claims process before suing them. An attorney can then help determine if legal action is warranted based on how they handled your claim.

Eligibility to Sue Progressive

Not everyone can sue their insurance provider. Some common criteria that may make you eligible include:

• Progressive rejects your claim outright without reasonable justification
• You receive a lowball settlement offer well below your damages
• Progressive unreasonably delays reviewing or paying your claim
• Clear bad faith during the claims process (misrepresentation, falsified docs)
• Your state allows policyholders to sue insurance companies directly

Consult with a personal injury attorney to have them review your situation if you believe Progressive exhibited bad faith or failed to compensate you fairly after an accident.

Types of Lawsuits Against Progressive

There are a few types of lawsuits you can potentially file against Progressive:

• Breach of contract – Progressive violated the terms of your policy by not covering damages they should have.

• Bad faith – Progressive intentionally engaged in malicious tactics when handling your claim.

• Negligence – Progressive showed negligence through carelessness, errors, and delays in processing your claim.

The type of lawsuit depends on the specifics of your case and how Progressive wronged you during the claims process. An attorney can advise which option is viable.

Key Factors in Lawsuits Against Progressive

Some important factors to consider if you plan to sue Progressive:

• State laws – Insurance regulations and bad faith claim laws vary by state. Your legal options depend partly on your state.

• Policy limits – Lower policy limits mean smaller potential payouts if you win a lawsuit against Progressive.

• Degree of negligence – Your own potential negligence could affect your ability to recover damages.

• Evidence – Documentation like medical reports, accident photos, and correspondence with Progressive is crucial.

• Legal costs – Suing an insurer often means high attorney fees and lengthy cases. Be prepared for costs.

Meeting with an attorney allows you to assess these factors to build the strongest possible case against Progressive.

Step-by-Step Guide to Suing Progressive

If you decide suing Progressive is your best recourse, here is the basic process:

1. Consult an Insurance Claim Attorney

Meet with an experienced bad faith insurance lawyer to discuss your situation. They can provide expert guidance on your options.

2. Submit a Demand Letter

Your attorney will likely send Progressive a demand letter detailing your complaint and requesting compensation prior to suing.

3. File Your Lawsuit Paperwork

If Progressive rejects your demand letter, your lawyer can help prepare and file a civil complaint in court officially initiating the lawsuit.

4. Litigation Process

Your attorney will represent you through any motions, discovery, depositions, and other pre-trial litigation before attempting settlement or heading to trial.

5. Reach a Settlement or Trial Verdict

Most insurance lawsuits settle out of court. If not, a judge or jury will decide the outcome at trial. Your lawyer will fight for maximum damages.

Having an attorney throughout this complex process is crucial to successfully bringing a lawsuit against a huge insurer like Progressive.

Evidence Needed to Sue Progressive

Solid evidence is vital to prove your case against Progressive Insurance in court. Examples of important documents to have:

• Medical records – Bills, treatment history, and doctor reports regarding your accident injuries.

• Communications with Progressive – Letters, call logs, emails documenting what Progressive told you.

• Police accident report – The official accident report assigning fault and detailing circumstances.

• Photographs and video – Any images depicting property damage, injuries, or accident scene.

• Expert testimony – Opinions from doctors, accident reconstructors, or claims experts.

• Policy documents – Your insurance policy showing coverage terms Progressive may have breached.

Your lawyer can submit this evidence and argue it establishes Progressive’s liability for damages.

Progressive’s Insurance Coverage

The types of Progressive insurance coverage involved will impact a lawsuit:

• Collision – Pays for repairs to your vehicle after an accident.

• Comprehensive – Covers damage from theft, vandalism, weather, fire.

• Bodily injury liability – Covers injuries you caused to others.

• Property damage liability – Pays for damage you caused to others’ property.

• Uninsured/underinsured motorist – Covers your losses when the at-fault driver has no or low coverage.

• Medical payments – Helps pay medical and funeral costs after an accident.

Time Limit to Sue Progressive

Each state sets legal time limits, known as statutes of limitation, dictating how long you have to sue after an accident:

• 1 year states – Kentucky, Louisiana, Tennessee, Virginia

• 2 year states – Alaska, Idaho, Mississippi, Texas

• 3 year states – California, Hawaii, North Dakota, South Carolina

• 4-6 year states – New York, Missouri, South Dakota

This timeframe typically starts on the date of the accident. Check your state’s statutes or consult an attorney to verify your deadline. Move quickly to sue Progressive within the permitted window.

Average Settlements in Lawsuits Against Progressive

It is difficult to determine precise average settlement amounts from lawsuits against Progressive Insurance specifically. However, some broader industry statistics provide ballpark estimates:

• The average car accident settlement in 2020 was $20,235 for personal injury and $4,711 for property damage.

• For injury claims, settlements tend to range between $3,000 on the low end up to $75,000 for more serious injuries.

• The average claim payout for uninsured/underinsured motorist bodily injury claims was $15,400 per person in 2019.

Settlements vary drastically based on the specifics of each case. An experienced attorney can evaluate your losses and damages to estimate a target settlement demand amount.

Types of Damages to Sue For

Make sure your settlement demand or lawsuit against Progressive includes all applicable forms of accident damages, such as:

• Medical expenses – Both current and anticipated future costs for treatment related to the accident.

• Lost income – Any salary or income you missed due to accident injuries.

• Loss of future earning capacity – If your career opportunities are diminished long-term due to disabilities from the accident injuries.

• Property damage – Repair or replacement costs for your vehicle or other damaged property.

• Pain and suffering – Compensation for any physical or emotional distress.

• Loss of consortium or companionship – If family relationships suffered.

• Wrongful death damages – In the event a fatality occurred.

• Punitive damages – If Progressive’s behavior was especially egregious.

Progressive’s Claim Statistics

Understanding Progressive’s track record in claims resolution can help in deciding whether to sue:

• Progressive currently holds about 14% market share in personal auto insurance.

• They were ranked 861 out of 1000 insurers for auto claims satisfaction in 2022 by J.D. Power.

• They paid out an estimated $38.9 billion in auto claims in 2021.

• Progressive advertises that policyholders can receive a claims settlement check in as little as one week after an accident.

Your attorney can use this data to demonstrate Progressive’s resources and ability to pay damages in a lawsuit if they fail to settle your claim fairly.

Consulting an Attorney About Suing Progressive

Suing a major insurance company like Progressive is a complex process requiring expert legal guidance. Partnering with an experienced bad faith insurance attorney significantly improves your odds of success and maximum recovery. They can help you determine if you have a viable case, navigate the claims process, and take legal action if warranted. Most offer free consultations, so do not hesitate to contact an attorney in your area for assistance if you feel Progressive has wronged you. With determination and skillful legal counsel, you can hold Progressive accountable.