Partner Scott Perry recently resolved a case with Progressive after it tried to do everything it could to be in bad faith for the handling of our client’s case. Progressive should have resolved or tried to resolve this case from day one. Instead, it delayed the claim, dragged out resolution, and did those tactics in an effort to depress out client to try to make her want to settle for less. It did not work!
Our client was simply heading home from dinner when she was rear-ended by a drunk driver who was still going over 40 miles an hour just before slamming into the rear of our client’s vehicle. We had the Defendant’s vehicle downloaded within days of the crash; it showed that he did not attempt to brake until less than ½ a second pre-impact! That empirical data supported the eyewitness testimony and the post-Miranda admission of the Defendant that he had several drinks prior to choosing to drink and drive. Below are photographs showing the property damage.
Ultimately, through our assistance, we obtained a guilty plea to drinking and driving with injury in the criminal case – which meant the Defendant could not avoid liability in the civil case. Despite this, Progressive spent months ignoring every demand for tender of the Defendant’s policy limits.
Since Progressive failed to evaluate the claim, we filed suit against the Drunk Driving Defendant. This caused Progressive to hire an outside attorney because of the drunk driving exposure and for a new litigation adjuster to review the file. Even with all this, Progressive tried one more time to avoid responsibility and made an offer of pennies on the dollar of the policy limits. When this failed, Progressive finally did what it should have done months before and tendered its policy limits to allow our client to focus on her health and her family, rather than litigation.
If an insurance company refuses to evaluate a claim fairly, the team at Murray Guari Perry is here to help and hold those responsible accountable.
