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Auto Insurance Claims/Rear Ended by Unlicensed/Insured Motorist

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Expert: - 4/20/2009


Question
My husband was rearended by a hispanic who was unlicensed, but insured (believe it or not).  His insurance is Progressive and as of today, nothing has been done (they have not even looked at our truck).  Can Progressive be held liable for giving car insurance to someone who is not even legal to drive.  I realize that him having insurance should make us relieved, but as I stated they have not even bothered to look at our car yet (it's been a week) which makes me very worried.  Please advise.

Answer
Hello,

Yes, as unbelievable as it sounds, it is a good thing there was insurance.

You ask about Progressive being held liable for insuring an unlicensed driver. They apparently are liable for the driver's negligence, because as you stated, the unlicensed driver is insured.

As for anything criminal on their part, I am not an attorney and cannot give legal advice and you would have to consult with a local attorney.

Criminal, civil or whatever, the bottom line is you need your car fixed and you need to take care of any injuries if there are any.


Before contacting an attorney though, give Progressive the benefit of the doubt, where they may be busy handling other claims. None of this is instant, even though we would like it to be.

Speak with the claims rep and see if they will authorize a rental car in the mean time. If the claims rep will not help you, request a supervisor.

Even though a week seems like eternity to you, a week is not that long in the scope of things when it comes to claims.

Please do not misunderstand, I am in no way supporting Progressive here. I am just speaking as for my experience of 20 years dealing with insurance claims.

You need to do your best to get someone at Progressive to assist you. Write down the names of the people you talk to and what was said.

You need to know what they are going to do for you. They may say nothing. They may be very helpful, but you need to take control of the situation.

If by some chance, they give you a run around and it looks like they won't honor the claim after 3 or 4 weeks, you may need to get an attorney involved.

The main thing here though is that you have transportation and your health. Contact Progressive and see what they will do for you now.

Good Luck!

Rob

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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