Victim of a Hit and Run in Parking Lot - Page 4


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Thread: Victim of a Hit and Run in Parking Lot

  1. #31
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    Re: Victim of a Hit and Run in Parking Lot

    Seems it works differently in the states than in the UK. Here as long as a car isnt totally nothing will show up on the cars history even if the repairs are handled by an insurance company.

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  3. #32
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    Re: Victim of a Hit and Run in Parking Lot

    OP here with another update. The diminished value expert that I hired came up with an appraisal of approximately $7,500. I sent this to Progressive and after a week of no communication despite multiple emails and calls, they finally got back to me with their counter-offer: $500. I told them that I would be filing a complaint with the state insurance commissioner and pursuing legal action in court. They more or less told me to go ahead. So I've already lodged the complaint with the state insurance commissioner. I'll wait to see how that turns out before filing a lawsuit. This has been the most frustrating process ever. I'm sure insurance companies get away with not paying a dime on these claims because they just stonewall the claimant enough that they give up and go away.
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  4. #33
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    Re: Victim of a Hit and Run in Parking Lot

    Glad to see you're going after them, it's going to be a hassle, but I bet you get closer to the $7,500 quickly.

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  6. #34
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    Sadly I see the situation differently.

    Reduction in value is not a component of any typical auto policy as such the insurance company’s exposure is nil at best. “If” such a practice became the norm the subjective nature of determining diminished value would push the insurance rates through the roof.

    I understand your situation as I have been in a similar situation; it sucks for certain.

    My gut says that the only person that will win is your attorney as he/she will get paid for time spent and $7500 will be exhausted quickly.

    I am glad that you car is fixed and albeit expensive a relatively minor issue.

    My suggestion is to simply move on and enjoy your car.

  7. #35
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    Re: Victim of a Hit and Run in Parking Lot

    Quote Originally Posted by Shadowman View Post
    My suggestion is to simply move on and enjoy your car.
    This ^ - All of this ^

    Hope you get out there and enjoy your car without this negative event looming over you!
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  8. #36
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    Re: Victim of a Hit and Run in Parking Lot

    If you are in Texas, you may be out of luck and just take the paltry sum they offered and consider it a bonus.

    It is a state by state issue. Here is a good resource on it.

    https://www.mwl-law.com/wp-content/u...-50-STATES.pdf

  9. #37
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    Re: Victim of a Hit and Run in Parking Lot

    I hear what you are both saying and, in another situation, I might agree to just let it go. But the way that everything went down just left a really bad taste in my mouth. The guy who hit me didn't leave a note and I would have been SOL if security cameras didn't pick him up. Nevertheless, the cops didn't charge him with anything.

    In any event, recovery for diminished value is supported under Texas law. Progressive might be playing hardball but they'll eventually have to pay. If the state insurance commissioner getting involved doesn't motivate them, I'll just file suit in small claims court. I can only file against the negligent driver, so Progressive will have a duty to represent him in that situation and will likely settle at that point or, if not, they'll have to pay the judgment. As for attorney's fees, I just won't take a cut . That's probably the main reason I don't mind spending time pursuing this: I can represent myself in court if it goes that far.
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  10. #38
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    Re: Victim of a Hit and Run in Parking Lot

    Quote Originally Posted by Its a good day View Post
    If you are in Texas, you may be out of luck and just take the paltry sum they offered and consider it a bonus.

    It is a state by state issue. Here is a good resource on it.

    https://www.mwl-law.com/wp-content/u...-50-STATES.pdf
    Thanks. I've seen this but it's not very helpful for Texas since it's all over the place. They don't really distinguish between (1) first party claims and third party claims, (2) total loss and non-total loss cases and (3) types of diminished value for which recovery is sought. The distinction on those issues makes a big difference on whether you can recover diminished value under Texas law.
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  11. #39
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    Re: Victim of a Hit and Run in Parking Lot

    Quote Originally Posted by impactplayer View Post
    Thanks. I've seen this but it's not very helpful for Texas since it's all over the place. They don't really distinguish between (1) first party claims and third party claims, (2) total loss and non-total loss cases and (3) types of diminished value for which recovery is sought. The distinction on those issues makes a big difference on whether you can recover diminished value under Texas law.
    I totally understand.

    In regards to the suit against the other party, you MAY be better off filing outside small claims. Yes, this will cost you to have the suit drawn up, but the insurance co stands to have to spend a lot more money to defend the suit outside of small claims court. Just a thought.

    Good luck man!

  12. #40
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    Re: Victim of a Hit and Run in Parking Lot

    Quote Originally Posted by Its a good day View Post
    I totally understand.

    In regards to the suit against the other party, you MAY be better off filing outside small claims. Yes, this will cost you to have the suit drawn up, but the insurance co stands to have to spend a lot more money to defend the suit outside of small claims court. Just a thought.

    Good luck man!
    Thanks, man. I appreciate it. And I've been thinking the exact same thing lately - filing in district court. That would be a much bigger motivator for them.
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