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Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I filed a claim with Progressive insurance regarding a fender

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I filed a claim with Progressive insurance regarding a fender bender I was in. I did not collect the persons information at all, I left because my car was ok but days later I felt neck and back pain and want to go to the chiropractor. I told progressive and although I have the correct type of insurance they said they would not approve or deny the claim 100 percent but have basically put it on me saying they cannot provide medical care because i have no proof, no police report, persons name, nothing. The letter they sent is at home but it basically says after that.. they can not prove that the person that hit does or does not have insurance.. i think this is very gray and if they want to say they cant prove if the other person does or does not and thats why the deny I think its a reason they should approve.. i can get the paper when I get home and provide any info you think is useful.. thank you
Hello,

Thank you for the information and your question. A basic tenet of automobile insurance policy law, which is in your policy/contract language, is that unless the insurance carrier can establish liability by actually speaking to the other party and/or seeing their vehicle or obtaining a police report with all the details contained therein about the drivers and the accidents, they are bound to pay out anything for the accident. That is why it is so important, and actually required by law, that drivers exchange complete information regarding insurance and names, etc., at the time of the accident.

So, unless you have something that can help your insurance company locate this driver, for example a license plate number, insurance policy, name,etc., they can lawfully deny your claim.

You have the right to file a complaint with the Arizona Insurance Commissioner, and they will follow up with the insurance company, but the resolution will likely be the same.
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