Protecting You from Insurance Company Bad Faith Tactics
After an automobile accident, dealing with insurance claims can be one of the most overwhelming aspects of your recovery. You’re already grappling with physical pain, emotional distress, and the financial strain of medical bills and lost wages. The last thing you need is an insurance company playing games with your settlement.
Unfortunately, plaintiffs have targeted some insurance companies, like Progressive, with multiple lawsuits alleging bad-faith practices—tactics designed to underpay or delay the compensation you deserve. A skilled personal injury lawyer from Rosenberg & Gluck, LLP, can be a game-changer in these situations.
Our experienced team is committed to fighting on your behalf to ensure you receive the compensation you deserve. Based on Long Island, New York, we understand the nuances of state law and insurance company tactics, giving you the upper hand when negotiating with Progressive.
The Challenges of Dealing with Progressive Insurance
Progressive Insurance has built a reputation for offering competitive premiums and catchy commercials, but as seen through the multiple suits against Progressive, its track record in handling claims is less than stellar. Numerous lawsuits have been filed against Progressive, highlighting their questionable business practices:
- Undervaluing Vehicles: In 2024, Progressive settled a $48 million class-action lawsuit. The lawsuit, filed by New York policyholders, alleged that the company used third-party software to undervalue the pre-accident sales price of totaled vehicles, leading to reduced payouts. The policyholders affected were shortchanged between 2015 and 2024, demonstrating a long-standing issue.
- Bad Faith Practices: Progressive has been accused of engaging in unethical practices to minimize claim payouts. This includes delaying paying medical bills for severely injured insurance claimants.
- Invasion of Privacy and Fraud: Progressive has also faced lawsuits for invasion of privacy and fraud in addition to underpaying claims, demonstrating that its questionable behavior extends beyond mere underpayments.
- Coordinated Efforts to Undervalue Claims: A District Attorney in California is leading a lawsuit against Progressive and other car insurance companies, accusing them of working together to undervalue totaled vehicles. This case is ongoing, but it further underscores a troubling pattern of behavior.
How Insurance Companies Minimize Payouts
Insurance companies, including Progressive, are businesses first and foremost. While they advertise themselves as there to help you when things go wrong, their primary objective is to protect their bottom line.
To achieve this, insurance companies use a variety of tactics designed to minimize the amount they pay out in claims, especially for car accidents and personal injury cases. If you are unaware of these strategies, you could receive far less compensation than you deserve.
The Team of Lawyers Behind Insurance Companies
One of the most powerful tools insurance companies have at their disposal is their legal team. Insurance companies, including Progressive, have a team of skilled and highly experienced lawyers whose sole purpose is to protect the company’s financial interests. These lawyers are trained to look for any opportunity to undermine your claim and reduce the amount the company has to pay out.
They may use legal maneuvers to delay the process, making it harder for claimants to stay financially afloat while waiting for a settlement. By dragging out the legal process, they hope you will become frustrated or desperate and accept a lower offer just to move on. The goal is simple: wear you down so you will take whatever they offer.
Common Tactics to Reduce Your Settlement
Here are some of the most common strategies insurance companies use to limit the amount they pay for your claim:
- Delaying the Claims Process: By creating unnecessary delays, they force you into a position where you may be more inclined to accept a lower settlement just to get the financial support you need sooner.
- Denying or Disputing Liability: Insurance companies will often try to shift blame onto the victim or argue that their policyholder was not entirely at fault. This can significantly reduce the payout, especially in a state like New York, which follows comparative negligence rules.
- Lowball Offers: Insurance companies often make an initial offer far below your claim’s actual value. They count on the fact that you might be desperate for quick cash and will accept it without further negotiation.
- Disputing Medical Costs: One common strategy is to dispute the extent of your injuries or the necessity of your medical treatments. Progressive may claim that certain treatments were not necessary or that you are exaggerating the severity of your injuries in order to reduce their payout.
- Surveillance and Investigation: As seen in previous bad-faith lawsuits against Progressive, insurance companies may go to extreme lengths to gather information that could discredit your claim. This could involve hiring private investigators or even posing as someone in your community to gain access to personal information.
How New York Laws Affect Insurance Claims
New York’s insurance laws offer both protections and challenges for accident victims seeking compensation. Having a lawyer who understands these laws is crucial when dealing with companies like Progressive that may try to use legal loopholes to avoid paying out fair settlements.
No-Fault Insurance
New York is a no-fault state for auto accidents, which means that your own insurance company is required to cover your medical expenses and lost wages, regardless of who was at fault for the accident. This is intended to provide quick compensation for injury victims, but insurance companies often take advantage of no-fault laws to limit payouts.
Progressive may argue that certain treatments are not covered under the no-fault system, or they may dispute the amount of lost wages you’re entitled to. They may also claim that your injuries do not meet the “serious injury” threshold that would allow you to file a personal injury claim against the at-fault driver for pain and suffering.
Comparative Negligence
New York follows a system of pure comparative negligence, meaning that even if you were partially at fault for the accident, you can still recover compensation. However, your award will be reduced by your percentage of fault. Insurance companies like Progressive use this law to their advantage by attempting to blame the injured party as much as possible. Their goal is to maximize your level of fault to minimize their payout.
Statute of Limitations
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. Be advised, there are exceptions to this time period. Insurance companies are well aware of this deadline and may attempt to stall the claims process to prevent you from filing a lawsuit in time. They may drag out negotiations, hoping that you’ll run out of time to take legal action.
Insurance Bad Faith Laws
While New York does have laws to protect consumers from bad-faith practices by insurance companies, proving bad faith can be challenging. In some cases, Progressive or other insurers may act within the technical limits of the law while still using tactics that are designed to wear you down and reduce your settlement.
For example, they may make settlement offers that are technically legal but are far below the actual value of your claim. It can be difficult to challenge these offers without a lawyer to advocate for you.
How Rosenberg & Gluck Can Protect You from These Tactics
At Rosenberg & Gluck, we know insurance companies’ tricks and tactics to reduce or deny claims. Our job is to level the playing field. We understand New York’s insurance laws inside and out, and we are prepared to protect your rights and advocate for the full value of your claim.
Our lawyers will fight against Progressive’s team of attorneys who may be working to take advantage of you. We will gather the necessary evidence, consult with medical experts, and build a strong case that demonstrates the true value of your injuries and losses. We won’t let Progressive or any other insurance company bully you into accepting less than you deserve.
The truth is that Progressive can afford to pay your claim. The issue is they choose not to, especially if they think they can get away with paying less. With Rosenberg & Gluck by your side, we will make sure that they don’t shortchange you. We have the skills, resources, and determination to pursue the maximum compensation available under New York law.
What to Do If Progressive Makes a Lowball Offer
If you’ve received an offer from Progressive that seems lower than what you expected, don’t panic. It’s not uncommon for insurance companies to start with a low offer in the hopes that you’ll accept it quickly. Here’s what you should do instead:
- Don’t Accept the Offer Right Away: Take your time to consider whether the offer fully compensates you for your medical bills, lost wages, and other expenses. Often, the first offer is just a starting point for negotiations.
- Consult a Lawyer: Before accepting any offer, consult with a personal injury lawyer. At Rosenberg & Gluck, we offer free consultations where we can evaluate your case and help you determine whether the offer is fair. If it’s not, we will negotiate with Progressive on your behalf to secure a higher settlement.
- Gather Documentation: Make sure you have all the necessary documentation to support your claim, including medical records, bills, and proof of lost wages. The more evidence you have, the stronger your case will be.
- Let Your Lawyer Handle the Negotiations: Negotiating with an insurance company can be stressful, especially if you’re still recovering from an accident. Let us take over the negotiations so you can focus on healing.
Why Choose Rosenberg & Gluck LLP?
When dealing with an insurance giant like Progressive, having a local, knowledgeable law firm on your side makes all the difference. Here’s why Rosenberg & Gluck LLP stands out as the right choice for handling your Progressive insurance claim.
Local and Accessible Lawyers
We are based on Long Island and serve clients throughout New York. This gives us a deep understanding of New York’s insurance laws and regulations. Insurance companies often employ nationwide tactics, but they may not be fully familiar with the local laws that govern accident claims in your area. We use this knowledge to your advantage, ensuring that Progressive adheres to New York laws in handling your claim.
Decades of Experience in Personal Injury Law
For years, we have been helping car accident victims in New York get the compensation they deserve. We understand how insurance companies like Progressive operate, and we know how to counter their strategies. Whether it’s negotiating a settlement or taking your case to trial, we are prepared to fight for you every step of the way.
Empathetic and Client-Focused Approach
We understand that a car accident, motorcycle crash, or truck collision can be a life-changing event. To us, you’re not just another claim—you’re a person who has been through a traumatic experience. Our team is committed to providing you with compassionate, personalized service. We take the time to listen to your concerns and keep you informed throughout the entire process.
Don’t Let Progressive Take Advantage of You: Call Rosenberg & Gluck, LLP Today
When you’ve been injured in an accident, dealing with Progressive Insurance can be an uphill battle, especially if they engage in bad-faith practices designed to underpay your claim. You don’t have to go through this alone. At Rosenberg & Gluck, LLP, we are here to help you navigate the claims process and fight for the full compensation you deserve.
If you’re dealing with Progressive or any other insurance company and feel you’re being treated unfairly or being given the runaround, don’t hesitate to contact us. We have the knowledge, experience, and dedication to stand up to powerful insurance companies and ensure you get the compensation you need to move forward with your life.
Contact personal injury attorney at Rosenberg & Gluck today. We offer free consultations, so there’s no risk in getting the advice you need. Let us handle the stress of dealing with the insurance company so you can focus on what’s most important: your recovery. Call our Long Island office at 631-451-7900 or contact us online. We serve Suffolk County, Nassau County, and the Boroughs.
