Expert: Ron Cercone - 2/3/2010

Question
Hello,

I have been with progressive for over 7 years and have not had any claims or problems.  On Jan 2, 2010 I must have left my Honda Odyssey unlocked and someone broke into my vehicle.  They basically trashed everything took cd's, movies etc...  I leave spare keys in the glove compartment and one of them was my Honda key (stupid of course).  Well anyway someone stole my vehicle.  The next morning on the way to work I noticed that the vehicle was gone.  My husband and I ended up finding the Honda with body damage on the right side and rear bumper.  Also we noticed the gears were slipping and it would not go into reverse.  It was not driving right.  I contacted progressive started a claim and had the car towed to Mel Rapton Honda for the adjustor to take a look at the vehicle. Honda said the transmission was out.  Progressive said they are going to cover the body damages of 1300.00 but not the transmission because my claims person looked on the Internet and found that 2002 Honda Odyssey are know to have transmission problems.  She also said that the transmission was in the process of going out (how does she know that).  She also gave an example that if I were to let my sister drive the car and the transmission went out it would not be covered by my insurance.  I completely agreed with her and said that my car was stolen and my vehicle was working perfectly fine before the incident and I have full coverage on my vehicle which my claim should be covered.  My car had 120000 miles on it and ran perfectly fine.  I provided all my oil changes and transmission changes which progressive said that was perfect and I was doing everything I was supposed to do for.  How can progressive only cover part of my theft and not the other?  Honda said that they could not determine whether it was from the theft or wear of the vehicle but it was unlikely that a Honda that had 120000 would go out that fast.  Can I fight this?  My husband is very upset and we do not know what to do now.

thanks for listening

Answer
Star,
Well your adjuster is wrong in comparing the trans going out when you loaned the car to going out while stolen. Thats just common sense and any small claims judge will rule against your insurer. Try a letter faxed to the ceo of Progressive before suing. It just may be a rogue adjuster. And if they decide to cover it and total the car out, if they undervalue the car, get the Total Loss Auto eBook at UClaim.com.