Insurance not being covered

[nfsdragster]

Hello, not sure if it can be posted here. But needed a little help. I Met with an accident with my lucid , and I was not at fault. I filed a claim under the other individuals policy (progressive) they said it was a limits issue as the repair estimate was 26000 , and the limit was 25000 and that I would have to file under my insurance and then they would subrogate it( I might have misspelt this word) . At first they gave me a rental for a week and then they stopped because I have to file with my insurance company now. So I filed under my insurance. Unfortunately I don't have a rental on my insurance paying and im paying out of pocket. The car has been in the garage or lucid certified dealer for almost a month now with repairs not even starting. I currently do not have a job as I started a residency and it's quite frustrating and every time I speak to an agent they bounce back and forth with each other.
Finally my insurance state farm looked at the car and said they will only cover 18-19000 as opposed to what the garage quoted which is 26000. How do I proceed with this, do I just pay for the difference. Which is a lot for me currently and then fight for it later? I also heard from the dealer that state farm is being sued for not covering expensive cars.

 

[nfsdragster]

Added to this. I was moving. My car was then registered and insured in New Hampshire. I was moving to Arizona. But this incident happened in New orleans. But the car is currently in Arizona at a certified body shop. This is genuinely mentally super stressful as I cannot even make calls consistently during school hours.

 

[dcr33313]

I’ve never had to deal with that level of a claim, so I can’t provide any useful guidance on getting Progressive to cover a rental. But as far as the discrepancy between the repair estimate form the shop and the one from State Farm, that is pretty much par for course with car repairs. You take your car the the most qualified shop and they get to work. The shop will then submit a supplement to your insurance for anything above and beyond the insurance estimate, and your insurance should pay. They always like to play a game of cat and mouse.

 

[nfsdragster]

But why can't my insurance pay for my rental even though it's not on my policy and go after progressive and then the driver themselves ?

 

[SaratogaLefty]

Not sure is New Orleans/Lousianna is a "No Fault" state??

 

[nfsdragster]

When I googled it. It says at fault state.

Louisiana is a fault-based state for car accidents, meaning that determining who is at fault is important for assigning responsibility for damages. In a tort system, the driver responsible for the accident is liable for all damages, including medical bills, car repairs, and other losses. The at-fault driver's insurance company usually pays for these damages.

 

[SaratogaLefty]

Ok then perhaps you just let Progressive know you are considering hiring a lawyer??

 

[nfsdragster]

Or should I discussed this with state farm as well ? I have the persons contact number who caused the accident. Should I text him so he can call his agent and sort this out. But at the moment only state farm gave me the quote.
As long as the repair is done and my rental is taken care of and my premium does not go up I am fine. Even though it has been mentally stressful and my free charging is getting wasted

 

[EVCar]

Or should I discussed this with state farm as well ? I have the persons contact number who caused the accident. Should I text him so he can call his agent and sort this out. But at the moment only state farm gave me the quote.
As long as the repair is done and my rental is taken care of and my premium does not go up I am fine. Even though it has been mentally stressful and my free charging is getting wasted

An anesthesiologist on this forum ran into some serious insurance issues and I remember him contacting the Commissioner of Insurance of his state. That formal step apparently got the ball rolling for him.
The residency has just started so you don't have a lot of time for these bureaucratic pains. Good luck.

 

[nfsdragster]

But which state do I contact lol. Arizona where my car is.
New Hampshire where my insurance is.
Louisiana where the accident happened and at fault drivers insurance is. Dental residency here. Don't get paid even

 

[EVCar]

Well, I'm not an attorney so I don't know.
If it's me, I'd send the same letter to all three states, with copy to both insurance companies.
Just copy and paste, using appropriate addresses, of course.

 

[DreamTour]

Also not a lawyer: But seems like the other party is at fault / liable and the fault has been determined?

Since their policy is maxed: I would think the options are:

1.) Go after the individual (still liable) - probably expensive though and dunno if they have the $$ to pay anyways.

2.) Use your policy and have your insurer chase the other parties for liability. (The subrogation part) but if their policy is maxed out, then your insurer is on the hook for whatever policy coverage you have.

Since you don't have rental car coverage you might be out of luck there unless you can get the liable party to pay for it. Not sure of insurance laws where you bought your policy but it's pretty clear what they will cover in the case they are taking on the underinsured liability in the policy itself.

 

[Pragmatic]

If the other driver does not have enough coverage isn't the difference covered by your Unisured (underinsured) coverage?

 

[kort6776]

But why can't my insurance pay for my rental even though it's not on my policy and go after progressive and then the driver themselves ?

because you didn't purchase that coverage, your only recourse is to demand compensation from the at fault driver