Accident claim

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Accident claim

My son was involved in an
accident on geb 1. He hit ice
and sweved to try and miss car
but hit the car from behind and
damaged his passenger rear
panel. He had damage to his
front but that was to someone
backing into him and he didnt
file a claim. The claim adjustor
claimed the back panel was not
part of the accident and they
fixed the front. I sent an email
to progressive customer service
but did not receive satisfaction.

Asked on March 21, 2019 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The following assumes that the car's owner (whether you or your son--you do not clearly indicate) has NOT yet signed a settlement or release agreement which states that in exchange for the money received or payments made (e.g. to a repair shop), the owner is giving up his right to sue and his claims are deemed satisfied (or that the payment is payment in full of all claims). If the car's owner did sign something to this effect, the owner accepted the insurer's payments as payment in full and may not take legal action.
When the matter has not yet been settled (see above) the car's owner could sue his own insurer (if they are the ones not offering as much as the owner believes appropriate) for "breach of contract," or for violating the terms of the pollcy (which is a contract) by not paying the full value of the claim, for the full amount allegedly due and owing. Or if it is the other driver's insurer not paying, the owner would sue the other driver (not his/her insurer) based on negligence (carelessness) for the amount/cost of the damage. In either event, the owner would have to prove in court that the back panel damage was the result of this accident.


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