Expert: webfoot - 5/17/2007

Question
Hi, I will just fwd my letter to the insurance commisioner. It has a very solid description of the situation:

My 2000 Chrysler LHS was involved in a "hit and run". The car was parked when the accident occured and no one was injured. The vehicle was damaged on the passenger side - both doors were hit and the front passenger window was shattered. However, both doors still open and the back window still goes down. After speaking with Progressive, I took the vehicle to their service center as requested. Two days later they tell me that the vehicle is deemed totaled, and this is why: Progressive added up all pre-existing cosmetic damage that was unrelated to the accident - dents, scrapes, cracks, etc. - and told me that the total of the cost of pre-existing repairs PLUS the cost of repairs from the accident are the reason it is deemed totaled by them. This seemed odd to me, so I went to pick up my car because I needed more time to get a second opinion. Since then, Progressive has called me numerous times telling me that if I don't turn over my car to them they will file what they call a note of reposession and my car will be taken from my residence. They said they are not willing to pay for even a portion of the damages and they also said that if I keep the car, they will drop me from my insurance policy. By letting them take my car, they said I will still be responsible for a $3,000.00 balance that would remain on the loan (with my leinholder) for a car that I no longer have. I have always paid Progressive and my leinholder on time and I told them that I would do whatever it takes - even come out of pocket - to have the car fixed. Progressive has tried to portray my car as an unsafe vehicle that is a danger to myself and to the road and that is clearly not the case. My claims adjuster nor anyone from my leinholder have actually seen the vehicle, so any opinionated conclusions that they draw based on it's actual condition is purely speculative. My car is currently in my possession and is totally drivable with no leaks and no warning lights on. All damages to the car appear to be cosmetic. And last I must reiterate this point - Progressive said the car is "deemed totaled" not because of the damages from the accident, but because of the cost of the accident's damages plus the pre-existing damages. I bought the car used as-is and with some pre-existing minor cosmetic damage, and it is being used in this situation as a way to get them to keep from fixing the problem with the accident. And that is wrong. I hope I explained this as throroughly as possible. Thank you.

Answer
If the laws that are established per the regulations of your insurance commissioner are the same as they are in my state, then Progressive is only following those laws.
The insurance commissioner writes the regulations regarding a total loss and what Progressive is doing is following those exact regulations as they are required to.

Not likely the answer that you want to hear, but I do not see that your company has done anything wrong.

Good luck.