One of the most critical aspects of going to arbitration is choosing who is going to be the arbitrator. You will probably have to negotiate with Progressive over this. The majority of arbitrators are retired judges or attorneys. You can find lists of neutral and qualified arbitrators at organizations such as AAA. They are required to be neutral and fair according to the law.
Progressive Arbitration Clause
A Progressive car insurance policy is a contract between the driver and the insurance company. Arbitration is faster and less expensive than a lawsuit. That is why most insurance policies require arbitration before the case goes to court.
There are two forms of arbitration:
- Binding: The arbitrator’s decision is binding on both parties. There is no appeal process.
- Non-binding: The arbitrator’s decision can be accepted or rejected by either party. A lawsuit can still occur.
Progressive has binding arbitration in its auto insurance policies. There is a mandatory arbitration clause if you file an auto accident claim with Progressive.
A first-party auto insurance claim usually falls under
- Personal Injury Protection (PIP) coverage
- Medical payment coverage
- Underinsured or uninsured driver coverage
- Collision coverage
If your Progressive claim negotiations stall, Progressive may require you to go to arbitration.
It is impossible to sue your car insurance company when there is a binding arbitration clause. If you cannot reach a Progressive settlement, you can either get nothing or agree to arbitration.
Do not be surprised if the Progressive claims adjuster tries to talk you out of arbitration. The adjuster might bump up their offer. If you go to arbitration, this suggests the adjuster failed. A case that goes into arbitration costs Progressive more money.
Progressive Arbitration for 3rd-Party Claims
If you file a Progressive auto accident claim on the other driver’s insurance policy, that is a third party claim. Auto insurance companies cannot order a third-party claimant to go to arbitration. You file a lawsuit if you cannot reach a fair settlement.
However, arbitration is often better than going to court. Speak to an experienced personal injury lawyer in a complimentary consultation to see if you are a good case for arbitration or a lawsuit.
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Why Select Progressive Arbitration?
There are three financial advantages:
- Arbitration is cheaper than a lawsuit. You will probably have less legal fees and more money in your pocket if you reach a favorable agreement.
- Arbitration does not have any monetary limits as in small claims court.
- Pain and suffering may be part of your compensation.
There are four procedural advantages:
- The court can schedule arbitration faster than a court date, so your case can resolve more quickly.
- You have a role in choosing the arbitrator. You have no choice in the jury or judge in a court case.
- Rules of evidence in arbitration are not as stringent as in a lawsuit.
- If you receive compensation, it will come faster in arbitration than in a lawsuit.
Legal experts recommend legal counsel in arbitration, but you can go to arbitration without a lawyer. These hearings are not as complicated or intimidating as a lawsuit in court.
Progressive Basic Arbitration Process
Arbitrator Is Selected
After you and Progressive have chosen the arbitrator, a date for the arbitration hearing is set. This also is the deadline for each side to turn in documents and evidence that support your side of the case. You could submit documents that show your rehabilitations is costing more than Progressive is offering. Progressive could submit documents that show that your rehabilitation is not as long as you claim.
After each side turns in their evidence and they have reviewed them, you and Progressive will have the opportunity to settle the case. There is a cooling off period before the arbitration hearing that is designed for this. Each side could see the other has a stronger argument than they thought. About 2/3 of arbitration cases are settled in this way before the hearing.
However, if the case does go to arbitration, each side will present their evidence to the arbitrator or panel.
After the arbitration hearing, the arbitrator will give their awards statement. This can take a week or two. It is a brief statement that indicates what you are awarded, if anything, and who is paying assorted legal fees. There is no appeal.
What Goes On During Progressive Arbitration?
You can bring your lawyer to arbitration. It is wise, especially if you have severe accident injuries, including weeks or months of recovery.
But if you have minor injuries, you may not need an attorney. Progressive will have an attorney representing them, but they do not have many advantages in an arbitration proceeding. The arbitrator decides the case based on facts and not on complex legal maneuvers by attorneys.
If you understand your case well and have strong evidence, you will be on equal ground with Progressive’s lawyer. Arbitrators usually strive to be fair to a claimant who does not have legal counsel.
Arbitration proceedings are relatively informal and generally follow these steps:
Opening statement: Say who you are, offer a detailed description of your auto accident claim and state your goal from the hearing.
Case presentations: Show your evidence to the arbitrator and make as strong a case as you can. Show proof of your damages and injuries. If there is a dispute with the other driver’s insurance company, you need to prove the other driver’s negligence.
Closing statements: After both sides have given their arguments, you end the hearing by reviewing the strengths of your case, your injuries, and damages. Also, you talk about what you think you deserve a certain amount of compensation.
You will receive a decision in writing in one or two weeks. Progressive usually has binding arbitration, so there is no appeal.
If you go the arbitration route, it is wise to have the case reviewed by an experienced car accident lawyer. The initial consultation is usually free, so there is no reason not to talk to a lawyer.
Progressive Auto Accident Settlement Basics
Before a case goes to arbitration, Progressive will attempt to settle your claim. They try to settle because it is cheaper than going to arbitration. Try to get a Progressive settlement if you can, but they may lowball you.
If a driver with Progressive insurance injured you, Progressive would probably offer you low, quick settlement. They also may send an adjuster to your home to settle your claim. They often try to get the injured person to accept a check of $1,000 or $3,000.
Additionally, Progressive is known to pay low settlements. They will try hard to get you to take a lowball offer. But a good attorney knows how to negotiate with lowball insurance companies and help you get a fair settlement.
How Much Is The Average Progressive Settlement?
Settlements vary from case to case and state to state. But one Florida attorney reports that his most common Progressive payment is $10,000.
That is because, in Florida, most Progressive auto insurance policies have a bodily injury liability limit of $10,000 per person. Most of these policies pay a maximum of $20,000 per accident.
Sample Progressive Car Accident Settlements
Everyone wants to know what they can get in their Progressive car accident settlement. Every case is different, but below are some examples of Progressive accident settlements across the US. Your case could be worth much more or less. Locate a car accident attorney with the Lawsuit Info Center search tool for more information.
$27,500 Progressive Car Accident Settlement
A driver hit a car in which the victim was a passenger. The woman had a neck sprain and strain, upper back sprain, and back sprain.
She did not need surgery and did not break bones. Progressive insured the car that allegedly caused the crash. Progressive quickly paid the $27,500 settlement.
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$90,000 Progressive Car Accident Settlement
A car driver in South Florida hit a pedestrian. Progressive insured the driver. After the accident, the driver called 911, and paramedics arrived.
The victim complained of pain around her eye and leg pain. They performed a CT scan at the hospital. She did not have a head injury, but she had a fibula fracture in the lower leg. The break was in the ankle area.
Progressive offered to settle the case for $50,000. The plaintiff’s attorney refused. The offer increased to $55,000. The attorney wanted Progressive to pay $100,000.
Progressive argued the case was not worth that much. First, the adjuster blamed the victim for walking into the driver’s car. But the attorney had a photo of the crash scene, and it suggested the driver had a clear sightline and should not have hit the victim.
After an aggressive negotiation, Progressive settled the case for $90,000.
$210,000 Progressive Car Accident Settlement
A truck driver rear-ended another truck driver in traffic. The accident victim claimed the crash caused a shoulder labrum tear. His doctor did surgery to repair the damage. The victim also claimed the truck crash aggravated three herniated discs.
Travelers insured the liable truck driver. They settled the case for $200,000. The victim had underinsured motorist coverage for $10,000 with Progressive. Progressive refused at first but eventually paid the $10,000.
$110,000 Progressive Car Accident Settlement
A van driver hit a pedestrian in a crosswalk. The victim suffered a bone fracture under her eye. The attorney settled the case for the Progressive uninsured motorist limits of $100,000.
Another auto insurance company insured the other driver, but he had only $10,000 in bodily injury coverage. The case settled for $110,000.
What Should You Do If You Are In An Accident And The Other Driver Has Progressive?
First, take pictures of all vehicles in the accident. Also, take photos of skid marks.
Second, call the police, so they come and prepare an accident report.
Third, do not admit fault when you talk to the Progressive agent.
Fourth, write down any witness contact information. Witness testimony will always help a personal injury case. Get their name, license number, phone number, and address.
Speak to An Attorney
The arbitration process is a complex legal procedure. It is smart to have an experienced attorney at your side, or at least review your case before you go to arbitration with Progressive. Use our website to find an experienced attorney in your area.
If you plan to go into Progressive arbitration, having a skilled attorney with you could improve your chances of getting fair compensation. Lawsuit Info Center can help you find an experienced personal injury attorney in your area. Use our site to find a licensed attorney near you today.
In most cases, the arbitrator must make a ruling within 30 days after the hearing has concluded.
One downside is there is no formal evidence process. This means you must rely on the experience and skill of the arbitrator to go through the evidence. There is no judge or jury. The arbitrator takes no depositions or interrogatories, and there is no discovery process.
You can demonstrate your personal property damages, personal injuries, and why the insurance company owes you damages during auto insurance arbitration. The insurance company responds, and the arbitrator makes a ruling that binds each party.
Most auto insurance policies, including Progressive, allow you to resolve a car accident injury dispute out of court in arbitration. Arbitration is a less formal legal proceeding where you and the auto insurance company offer information about the claim to an arbitrator. The decision of the arbitrator is usually binding, meaning there is no appeal.
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