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Mars
05-12-2008, 03:54 PM
My friend and her boyfriend were hit by a drunk driver last night in an accident that was deemed by the police as 100% the other guys fault. The other guy has insurance, and my friend has progressive. I'm interested in your opinions on how they should handle the matter. My friend had significant injuries from the accident.
your guy's help is appreciated.
Maine-iac
05-12-2008, 04:05 PM
File a claim with Progresssive, give them the info, and have them chase the guy.

If he is 100% at fault, (and if there is a DUI charge involved, there will likely be no dispute), his policy will pay up to the lesser of her damages or his limits. [Also, if the driver has a personal umbrella policy (probably not, but he might), that could pay additional damages if the damages exceed the auto limit.] If your friend has Uninsured/Underinsured motorist coverage on her own Progressive policy, and she carries higher limits than the driver, that coverage will make up the difference up to the limits she carries (or her total damages, whichever is lower).

If that is STILL insufficient to compensate her for her injuries, she has the option to sue the guy directly, but there is often little to recover beyond insurance payments.
Maine-iac
05-12-2008, 04:23 PM
Oh, and I am assuming that she was not hit in a no-fault state. Then there are variations in what would happen depending on the state and its laws.
Samir
05-14-2008, 04:31 AM
Get a good personal injury lawyer.
Maine-iac
05-14-2008, 08:51 AM
Personally, I wouldn't do this unless you felt the after initial contact with the insurer that you were being given the runaround. If the insurer is offering the policy limits, a lawyer isn't going to get much extra for you. The coverage isn't there.

I remember reading about a study on the size of settlements where an attorney was involved vs. where no attorney was involved. Although attorneys appear to add value where there actually was bad faith involved in the claims process, on average, the amount the injured party got with an attorney averaged only $10 higher than what they got without. The settlements were a lot higher, but the bulk of the excess went to the attorneys.

So unless you think the company is lowballing you or treating you with gross unfairness, my personal opinion would be to skip the lawyers.