rear ended on icy road,claim denied

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 25, 2011

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Insurance Question from Atlanta, GA

Asked on 04/25/2011

rear ended on icy road,claim denied On 12/15/10,I was driving on South Cobb Dr in the right lane i seen a car sliding in front of me so i press my brakes so i wouldnt hit it so i start sliding a little but i was able to control not hitting the car in front of me it was a car on my left side headed the same way i was going so i couldnt get over so the car behide me hits me in my rear end.The Police was called out but he finally came and said they couldnt do any reports i had to pull up a personal report of accident form and send it to progressive.The person that hitted me had progress and i did to so they denied my claim saying each party or responsible for their own damages.Her car wasnt messed up but mines is.So can you tell me what can i do?

Answer given on April 30, 2011

It’s a little unclear if you were in control of your car at the time of the collision.  However, in the icy conditions, it may be that Progressive has decided there is no real “fault” by any driver since all were sliding around.  However, when there are two cars insured by the same insurance company involved in an accident, the insurance company will usually waive the deductible for each car. 

I presume you have collision coverage on your car.  If so, talk to the Progressive adjuster and see if they will work with you on this.  They can then pay for your damages less the deductible.  You should also see if your agent will get involved and help you work with Progressive on this.  They may be able to help resolve a better settlement for you or to convince the adjuster that this was in no way your fault so they should pay for full repairs on your car.

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