My father and I were in a accident, a couple of weeks ago.A car swirved into our lane, Iswirved tothe shoulder and hit the brakes, my father did not stop fast enough and hit me in the rear fender. Sending me off the road. My father spent a week in the hospital and his bike is totaled. I was not injured but my bike was damaged. Here's the problem. My insurance company (PROGRESSIVE) is claiming that the car is the blame for the accident therefore both my father and I have to pay a deductable.They stated that if I find the car," which left the scene of the accident," that I can be reimbursted my deductable. Also deminsihed value would have to be compensated by thedriver of the car. The problem is my father and I both have same insurance company and I feel they are trying to get out of paying me deminished value of my bike, and sticking me with a deductable even though I was struck from behind. Does this sound right?
By the way my dad is going to be okay.

 

I also have Progressive and the one accident I had (my fault) they paid for all the parts and labor to have imy bikerepaired less the deductable. Diminished value is always a problem but they don't seem to reduce your rates as the bike gets older. I would let them know that many Forum members probably have Progressive and bad "word of mouth" or "stoke of the keys" publicity is not in their best interest. At least it is worth a shot--JMO.

 

I'd say let your lawyer do the talking

 

Sounds like the time my car was wrecked twice in one day .1st time side swiped by a small truck,,His fault,,with a police report.2nd time was the same day 8hours later when the pizza delivery boy took off the other side.14k in damages..Two claims ,,two deductibles..

 

Being struck from behind is not an auatomatic "the other guys at fault". The way you describe it, the car put you and your dad both in a position not of your own making.

When you have an accident you can go one of two places with your claim. You can file a claim against the otherpersons insurance company if they are at fault and there is no deductible involved. The other option is to go thru your own collision coverage and that most likely will have a deductible. You would have to stretch things pretty far to state your dad was at fault. Even if he were, most insurance policies have a "household exclusion" stating that one member of the household can not be liable to another member of the same household and therefore you have to use your own collision coverage. (That exclusion is thereto prevent members of a family from "making up" an accident.)

As far as diminished value goes: I've been retired from the insurance claims business for almost 20 years but unless things have changed that's a mute point. If the repairs are done and done "properly" there is little or no diminished value. If there was loss in value, there would be no way of knowing the diminished value until such time that you sell the vehicle. And, the last time I was doing this work the courts maintained that the"bad guy" was only responsible to you for cost of repair and loss of use (rental car).

 

Honestly, I don't know of anyone who has really collected on 'diminished value'. The issue is that even though the other vehicle crossed the center line, he, apparently, did not hit you. Unfortunately, unless hewillingly stopped and took the responsiblity, you are on your own. As explained ina defensive driving course,if in the course of avoiding an accident, you cause an accident,i.e., you hit someone else, you are liable. In the strictestinterpretation of the law, you preformed an unsafe movement creating a situation where your father, who was following too closely to avoid and accident, rear ended you. FWIW, I was nearly killed by a hit and run driver.As the diver left the scene and nowitness got plate number, it wasdeclared a singlevehicle accident, cause unknown. The whole thing cost me nearly 30k$ out of pocket.

 

thats why i carry a policy thru state farm, its like having a vintage car, if my bike is stolen or totaled dosen`t matter what value is they write me a check for 25,000 bucks period, if its damaged they put new parts on no deductable, i pay a hefty, 534, per yr for it but takes all the pressure off if something was to happen

 

As far as diminished value goes: I've been retired from the insurance claims business for almost 20 years but unless things have changed that's a mute point. If the repairs are done and done "properly" there is little or no diminished value. If there was loss in value, there would be no way of knowing the diminished value until such time that you sell the vehicle. And, the last time I was doing this work the courts maintained that the"bad guy" was only responsible to you for cost of repair and loss of use (rental car).
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Whaap is correct, when the job is dome properly there is no diminished value.

 

Been down this road b-4. You are not insured for deminished value but can collect as a claimant on someone's elses ins.