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A Chicago Personal Injury Law Firm Serving Car Accident Victims In Dealing With Progressive Insurance

The Progressive Corporation is the nation’s fourth-largest private auto insurer, writing over $20 billion in premiums. When negotiating with Progressive, it is important to remember that this company is a private, for-profit business and you are asking them for money. Since Progressive makes money by selling policies and loses money by paying claims, they are not on your side, since their interests are in direct opposition to yours.

Your Claim Against Progressive’s Insurance Policy

In most cases, the victim of a car accident caused by the negligence of the other driver file claims against the negligent driver’s auto liability insurance policy. In some cases, however, this may not be enough. If the driver was breaking Illinois auto insurance law by driving without liability insurance, for example, you may be forced to rely on your own insurance, unless the driver possesses enough personal resources to pay your claim. Even if the other driver was insured, his or her policy limits might not be enough to fully satisfy your claim – Illinois law requires only $25,000 in coverage per victim, up to a maximum of $50,000 per accident. If the negligent driver cannot pay the remainder, you may have to rely on your own insurance to cover it. Finally, you may be forced to rely on your own insurance for your claim if you were victimized by a hit and run driver who disappeared immediately after the accident. In any of these cases, you can rely on your own Progressive auto liability insurance policy, which is required by law to include uninsured and underinsured motorist insurance of at least $20,000 per victim and $40,000 per accident.

Do I Need a Lawyer to Handle My Claim?

If your injuries were minor, you may be tempted to forego the services of a lawyer. Even then, however, there may be good reasons to retain a lawyer to represent you. If your injuries were substantial, it seldom makes any sense at all to “go it alone.” Considering that an experienced Chicago car accident lawyer might be able to secure you several times the amount of the verdict or settlement that you would be able to secure on your own, your choice of attorney is likely to be the most important decision you make during the entire case. Following are some of the benefits of making that decision wisely:

  • Estimating your future medical expenses. If your injuries are long-term, this can be tricky. Nevertheless, you absolutely must get it right, because you won’t be able to file a second claim if you run out of money years down the road. At Malman Law, we are adept at this skill.
  • Calculating pain and suffering and other intangible damages. Since intangible damages are inherently ambiguous, Progressive’s initial offer is likely to be far less than what it is ultimately willing to pay. A good personal injury lawyer will be able to estimate Progressive’s true bottom line despite their pretenses to the contrary. Under the right circumstances, pain and suffering damages can total far more than 50 percent of your total award.
  • Locating and briefing competent expert witnesses. Expert witnesses are often critical for establishing liability and measuring damages.
  • Investigating your claim. Proving your claim means thoroughly understanding it, uncovering evidence, and locating eyewitnesses. Malman Law has access to professional investigators who can handle this important aspect of your case.
  • Estimating your percentage of fault. If both parties are at fault, you could end up with zero if a court decides you were 50 percent or more at fault. Even if the accident was mostly the other driver’s fault, a court could deduct large portions of your recovery to account for your percentage of fault. Progressive knows this, and its estimation of what might happen in court will influence its negotiating position with respect to your claim. We are adept at using evidence and reason to minimize your apparent fault.
  • The ability to file and prosecute a lawsuit. Progressive will have absolutely zero motivation to negotiate your claim unless you can credibly threaten to file a lawsuit against them. Filing and maintaining a lawsuit requires an understanding of civil procedure and the rules of evidence far in excess of what would be required in small claims court.
  • Negotiation skills. Negotiating with professional insurance company adjusters is an art that requires skill, practice, a keen understanding of human nature, and years of experience dealing with contested auto insurance claims.

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