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Nancy Delain
Nancy Delain, Attorney
Category: Legal
Satisfied Customers: 198
Experience:  Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)
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My Father was rear ended by another car. They are at fault

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My Father was rear ended by another car. They are at fault and we only have liabilty on our insurance and was hoping the person at fault would pay for damages with their insurance policy. They also have the same insurance we do (Progressive). Now progressive is saying the other party dont have enough insurance or there policy does not cover us and we have to sue them in small claims court. This does no make sense. Please help....
Submitted: 5 years ago.
Category: Legal
Expert:  Nancy Delain replied 5 years ago.
Thank you for contacting Just Answer. I look forward to assisting you.

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

There can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

By using this forum and/or clicking ACCEPT, you expressly acknowledge that any information I may give in response to your question in this forum does not constitute legal advice; there is no attorney-client relationship between us; and all questions and answers are visible to the whole world, including your opponent, and any information provided is therefore not confidential. Because of the public nature of this forum, by posting anything here you waive irrevocably any and all claim to confidentiality or privilege as to the content posted. Please post only that information that you are willing for your opponent to see and use against you if this matter goes to court. Any money you may give me in response to this posting (which may include both your agreed-on sum and any bonus payment) is a gift of gratitude, and is not intended as, nor should it be construed as, attorney's fees. For more information about your matter, you should consult with an attorney of your choice in a traditional face-to-face or telephonic meeting.

This is an "underinsured motorist," and we all pay for them through our insurance premiums.

The fact that the other motorist has the same insurance carrier as you do does NOT mean that they carry the same coverage as you do. Each policy is written differently for each individual. Since Progressive is the insurance carrier for both your father and the other motorist, Progressive is the only carrier with any liability here and they may be "ducking" the payment to you. It's been done before.

Since the insurance has refused payment, your father can, and should, file suit SOON in the appropriate court (check the jurisdictional limits in the state where the other motorist is from, since that's where you'll have to bring suit; in New York, where I'm admitted, small claims can handle up to, I think, $15,000). You should name not only the other motorist but also Progressive, as their carrier, as defendants. This will give you a small amount of discovery and you can learn exactly what the other motorist's insurance policy says. Without knowing what that policy is, though, I can't give you a much better answer than this. Sorry....

I hope your father was uninjured in the accident.

If I have answered your question, please click on ACCEPT so I can receive credit for my answer. If you have constructive comments about my response to you, please click on the Feedback link above and leave feedback for me; if you are satisfied with my response, please leave positive feedback even if you don't leave a comment. Remember that you are leaving feedback for the quality of my help to you, not for Just Answer's policies or billings (I have no control over JA, especially not over their billing of customers; I just control what I have written). If questions linger, please hit REPLY to let me know how I can help you further.

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Customer: replied 5 years ago.
My Father is not on the insurance policy either. He had permission to use the car for that night will that be an issue?
Expert:  Nancy Delain replied 5 years ago.
The policy covers the automobile. As long as the driver of the automobile had the permission of the owner (and policy owner, who is usually the same person), there is usually no real issue because of that. But the owner of the car should check the policy to be sure. It's when a car thief gets into an accident that things get interesting with the insurance folk.

If I have answered your question, please click on ACCEPT so I can receive credit for my answer. If you have constructive comments about my response to you, please click on the Feedback link above and leave feedback for me; if you are satisfied with my response, please leave positive feedback even if you don't leave a comment. Remember that you are leaving feedback for the quality of my help to you, not for Just Answer's policies or billings (I have no control over JA, especially not over their billing of customers; I just control what I have written). If questions linger, please hit REPLY to let me know how I can help you further.

You can contact me directly through my profile at http://www.justanswer.com/profile.aspx?PF=12446316&FID=0 or simply put "For nancyd560623" in the title/heading of your posted question.
Nancy Delain, Attorney
Category: Legal
Satisfied Customers: 198
Experience: Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)
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