WP0

So, I mailed off the official demand letter to Progressive Express Ins Co last week, and they've received it.
Progressive appraised the total damage at $1470, just pressing the crack out of the bumper and polishing over it, and about $6000 in diminished value.
I got three estimates from three different Porsche Approved Collision Centers, and they all agreed that the rear bumper needs to be replaced, at a cost of about $4700, which doesn't even include replacing the PPF (I have the STEK DYNOshield), which is another $700.
And, well, since the insurance company was operating in such poor faith, I got two different diminished value reports. . . both of which are multiples of the $6000 estimate by the insurance company, who hired some guy who claims that the more rare and expensive the car, the less the diminished value!

WP0

So, I received notice from Progressive that they didn't care what I demanded: their offer wasn't going to change. I even CC'd the CEO in the communication, who put her "executive team" on the case. . .of course to no avail for me, but to much avail for the insurance company.

So, I'm a well-connected professional in a medium to small town, and I know many lawyers, and they interact with me regularly for my services. Two said that they should be able to refer me to someone, but those referrals didn't amount to anything. One said that her sister, who is also an attorney, could help me out, but I didn't press that any further. I cold called over a dozen different law firms, and no one was interested in taking a property damage claim. Everyone wants bodily injury, not just property damage. I even called the lawyer is Miami who filed the class action lawsuit against State Farm for failure to pay for repairs, and he said that I wouldn't be able to find anyone to take the case since it was just a property claim. Lawyers are only interested in personal injury plus property damage cases.
I suppose that Progressive Express Ins company was counting on this: that I wouldn't be able to find a lawyer to represent me. . . and I know many judges, prosecutors, and attorneys in this smaller town (250k), so I was betting that someone would help me, especially since I help so many of them on a regular basis. But no luck for me, although, as I mentioned, I could've contacted that one sister who might be helpful. . . but I chose not to do so at present.
Instead, I listed my case on LegalMatch.com, and within 72 hours, I got several calls from attorneys. The first lady wanted to settle, and said lawsuits are 50/50, and might take 1-2 years. . .I told her this lawsuit is more like 99/1, and I wouldn't settle, I already paid for everything, and time doesn't matter to me. Another attorney called, who was a former mechanic, insurance adjuster, and now an attorney, and he lives in a nearby town. I told him the scenario, and he immediately said that it was time to file a lawsuit. He was very excited about the case, and actually wanted to pursue it, as he's a car guy. . . so the next step is taken. . ..

I suppose the lesson here is that if you're in a car accident, and you need legal representation (which you will, since insurance companies aren't going to pay you what your car is worth, nor what you need to repair the car properly), you should get injured.

Dirty Jacket

ugh. This pisses me off to read. My wife got rear ended and pushed into the car in front of her a few weeks ago. $25K in damage to her SUV. I had just received trade in offers three days earlier as we were going to sell it for a new car for her. I’m dreading how screwed I’m going to be with the diminished value.
we are also dealing progressive.

JeepJLU2020

Turned a 911 to A Cayman

WP0

If you live in a state that allows diminished value, then contact autodiminishedvalue.com for starters. You also need to notify the at-fault insurance company that you are filing a diminished value claim in addition to the repair claim. Then the fun begins: if it's a good insurance company (like USAA), they will be fair, but all the others are going to be ridiculous, in which case you need to be ready to file suit, if the at fault party has ample insurance to cover the damages and diminished value.

WP0

Well, this case has drawn to a close. It was a fair settlement: not the most someone could ask for, but quite fair, considering the opinions that I obtained.
​​​​@mikescayenne now can no longer say that he's no longer heard of anyone getting a diminished value claim, as my diminished value claim was received, and paid out fairly. Some of the misleading information that a few commenters had lead me to believe that they own or get paid by automobile insurance companies.
In summary, since my insurance company (Progressive) refused to allow me to file a subrogation claim against themselves, as the at fault driver had Progressive also, I had to pursue legal action. The insurance company was counting that I would not be able to find legal representation, as the Florida laws were changed in 2023, so that now you cannot recover legal expenses from a lawsuit against any insurance company for failure to pay. Every lawyer I spoke to refused to pursue a property claim, eventhough this was a larger property claim. Fortunately, one lawyer responded to my internet post about this lawsuit. I was very pleased with the legal representation that I received, and can highly recommend this lawyer who is licensed to practice law in Florida, Louisiana, New Jersey, and Iowa. If anyone needs a lawyer to represent them for property damage in these states, feel free to DM me, and I will give you his contact information. I never had to drive to this lawyer's office, but we completed everything, using the internet and scanned documents.
Progressive wanted to offer me $1,500 for the repair of the rear bumper, and $6300 for diminished value, for a total of $7,800. Every Porsche Approved repair shop said that a replacement bumper was necessary, which would cost $5,000. I obtained several diminished value reports myself, and each opinion demonstrated how ridiculous their offer was. Even after I submitted a demand letter, and Progressive's "executive committee" reviewed my case, the best they would offer was $7,800.
Consequently, I sought legal representation. It took a month to get the lawsuit filed, and another month for the papers to be served to the owner of the business vehicle, but within one week after the papers were served, Progressive offered a settlement of $22,000 after I counteroffered their initial settlement of $20,000. I accepted this second offer, which amounts to $5,000 for the repair, and $17,000 for diminished value. The latter number wasn't the highest diminished value estimate that I received, but it was fair.
So, in summary, you have to file legal action to fight against unethical insurance practices, and get a fair settlement.

George from MD

Good 'ol Flo. She'll stand by you.

NOT.

DIMINISHEDVALUE

While your statement "So, in summary, you have to file legal action to fight against unethical insurance practices, and get a fair settlement." is true in some cases, most are settled for a fair to somewhat fair amount without litigation.

mikescayenne

[/QUOTE]

this explains my experience and all of my friends experience with DV in New York then. Either way, @WP0 im glad it all worked out in the end, not perfect but these things never are.

dak911

Depends on the insurance company? Is Progressive the worst in paying? (or any of the less expensive ones?)

WP0

It probably varies by state, but I was told by the local Porsche Approved Collision Center that State Farm is presently the worst in terms of payment. In fact, recently there was a class action lawsuit filed in Florida and Georgia against State Farm for failure to pay proper rates to body shops…but in speaking with various individuals with recent accidents, they all say that insurance companies deal with them underhandedly. I was one of the few that could afford a lawyer, after paying for the proper repairs myself (kudos to @HardRider for advising me to get it done myself the right way, and send them the bill.) Most individuals in the US don’t even have an extra $500 to spend for emergencies, much less hire a lawyer to recover auto expenses from an accident that wasn’t their fault. I think this latter situation is the real reason that more auto accidents don’t go to court.

DIMINISHEDVALUE

There is no rhyme or reason. Progressive may be a terrible payer in some pars of the country and not so bad in others.

DIMINISHEDVALUE

WP0, people should realize that insurance companies want to go to court even less that we do. Filing suit typically leads to better settlements. Just make sure your evidence is better than what the insurance company can come up with if it does go all the way to litigation.

HardRider

I filed suite against the owner of a car who diminished the value of my car due to an accident they caused. Their insurance (Progressive) covered their liability ($8500) equal to the physical damages. We both had progressive. I obtained an estimate of diminished value from Autoloss, used that and $55 to file a petition in small claims court, and a very short phone call progressive made to me to settle the claim. Originally they offered $1200. Bewildering why individuals rely on leach lawyers with nothing to loose vs. the small claims process easily available to anyone. I guess that takes a tiny effort on a persons part to do a little research vs being told what to do....... Insurance companies WILL NOT GO TO COURT 99.999% of time they will roll over and settle.

WP0

@HardRider small claims court in Florida is limited to a maximum of $8,000. This is probably why Progressive offered $7,800. Since I was suing for $20,000 minimum, small claims court was not an option for me. The lawyer I hired let me make the decisions: he was willing to go to court if I decided not to settle, and since we didn’t go to court, I paid out a much smaller portion of the proceeds for my attorney. I was very pleased with this guy, so if anyone gets into a property claim with their Porsche, and needs someone to help them in those aforementioned states (FL, LA, NJ, IA), I’ll be glad to tell you who to contact.