Insurance companies like Progressive have a lot of control when it comes to the injury claim process after a car accident. Sometimes, this means they’ll deny your claim altogether—even when you have a strong claim. When that happens, you’re not out of options and our team at Maison Law can help you. Set up a free consultation today to learn more.
Why Would Progressive Deny My Injury Claim?
It’s hard to think about, but there’s a lot of different reasons why Progressive could deny your injury claim. What makes it difficult is that they do this in the face of your story and evidence. Most of the time, though, here’s the reasons they’ll give:
- They dispute what happened. Fault is one of the slipperiest parts of an injury claim. The whole point of a policy is to cover accidents up to a point. If they say that you’re at-fault—or more often, that their driver isn’t fully at-fault—they can deny your claim outright.
- Pre-existing injuries. Another common tactic is when Progressive says that your injuries aren’t the result of the car accident itself. They usually cite delays in treatment or your medical history to show that they shouldn’t cover your claim.
- Not enough evidence. Sometimes, Progressive’s adjusters will say that your medical records, statements, pictures, and anything else you provide isn’t enough to prove what actually happened. And with that wiggle room, they’ll use it to deny your claim.
- Only denying parts of your claim. Usually, your evidence is strong enough to move forward with a claim. But when there’s gaps in your records or documentation, Progressive can use that to deny certain parts of your claim, like particular medical expenses or repair costs.
Again, this is all incredibly frustrating when you’re already dealing with injuries, car repairs, missed work, etc. But the reality is that companies like Progressive know exactly what they’re doing when they deny your claim. But again, you’re not out of options at that point.
What Can I Do If Progressive Denies My Injury Claim?
The issue with your claim being denied by Progressive is that it feels like you’ve hit a wall. This is by design. Progressive is a huge company with vast resources, so going up against them in the claims process can feel intimidating. They hope that you’ll just walk away when your claim is denied, but there are things you can do to make things right:
- Push back with negotiation. No matter what reason Progressive uses to deny your claim, there’s wiggle room to push back through renegotiation. That usually means:
- Providing additional medical records or statements from your doctors.
- Giving more detail in terms of the timeline of events with the accident itself.
- Providing further evidence that helps your claim, like more pictures, videos, records, etc.
- Finding additional witnesses or getting more details from the witnesses that saw what happened.
- Responding directly to the reasons listed in the denial letter
Sometimes, this is enough to make Progressive and their adjusters reconsider their decision. Most of the time, though, the back-and-forth just drags things out further, costing you more money. At that point, your other option becomes clearer.
- Filing a personal injury lawsuit. With your initial claim denied and negotiations stalled out, your best bet for getting financial help from Progressive for your losses is filing a personal injury lawsuit in civil court. A lawsuit takes more time and effort than an insurance claim, but it’s also more powerful. It takes the decision out of the insurance company’s hands and places it in front of a judge or jury. But even before that, it means:
- Filing a complaint in court to officially start the case
- Tracking deadlines and court filings, including motions
- Handling “discovery,” which is the structured exchange of evidence
- Preparing you for a deposition, where you answer questions under oath
- Taking depositions of witnesses and, if necessary, insurance representatives
- Working with expert witnesses, such as medical professionals or accident reconstruction specialists
- Continuing negotiations with Progressive’s lawyers
- Participating in mediation, where a neutral third party helps both sides try to resolve the dispute
Here’s the part people deserve to know upfront: lawsuits take time. They can stretch for months or longer. And there’s never a guaranteed outcome just because you file a lawsuit—no matter how strong your claim is. Also, you have to file either claim within two years of the date of the accident to even have a shot at what you can recover.
What Can I Recover in a Lawsuit Against Progressive?
The entire purpose of an insurance claim is to provide you with financial help for what losses you’re dealing with because of the car accident itself. That includes medical bills, lost income, car repair costs, etc.
But a lawsuit is so powerful because it gives you the chance at those things plus other losses. These are called your “damages”, and it’s helpful to know what you can get if you go forward with a lawsuit against Progressive:
- Current and future medical expenses. It’s not just the bills and injuries you’re dealing with right now, but possibly in the future. That’s why medical records and treatment plans are so important.
- Lost income or loss of earning potential. Similarly, you can recover lost income from work you have to miss for doctor’s appointments, surgeries, and other related things. This can be extended out to lost earning potential if your injuries mean you can’t work the same job anymore.
- Repair/replacement costs. This includes the cost to repair or fully replace your car and anything else of yours that was damaged in the accident.
- Pain and suffering. The physical pain you go through is also taken into account in a lawsuit. Statements from your doctors about your injuries and recovery, as well as your own personal notes about the pain you’re in every day can be convincing to a jury.
- Emotional distress. The same goes for the emotional side of things. Anxiety, stress, or other emotional problems that you’re dealing with because of the accident can factor into what you can get in damages.
- Reduced quality of life. Finally, there’s the reduced quality of life you go through. You can recover costs for not being able to do things you used to enjoy before the accident.
Damages are a vital part of any injury lawsuit, and what you can recover is ultimately going to come down to the evidence you have and how well you present it. And remember, Progressive has an army of lawyers and adjusters that can whittle down any claim you make. That’s why it’s important to have the right team on your side.
Reach Out to Maison Law If Progressive Denies Your Injury Claim
When Progressive denies your injury claim after a car accident in California, it only adds to your stress and uncertainty. But no matter what your situation is, our California car accident lawyers at Maison Law will be there to help you.
With our experience and guidance, we’ll make sure Progressive does the right thing and pays you what they should. If they’ve denied your initial injury claim, reach out today for a free consultation and let us help you push back.
