What Are My Options After Progressive Denied My Claim in Chicago? 

“What should I do if Progressive denied my claim?” is a common question that our personal injury lawyers receive, as it’s one of the largest insurance companies in the United States. In the third quarter of 2023, the company underwrote over $15 billion in premiums and earned $2.6 billion, a 20% increase from 2022.

Like any private business, Progressive wants to make money, and paying claims impacts their bottom line. A Progressive insurance claim denial can be frustrating, but you have legal options.

A car insurance claim attorney in Chicago from Rosenfeld Injury Lawyers can assist you throughout the claims process. We will counter the tactics insurance companies use to prevent car accident victims from receiving fair financial compensation. 

Reasons Why Your Progressive Claim Might Have Been Denied

A claim denial can occur for a variety of reasons. Most often, it is due to unclear evidence, a lack of documentation related to the accident claim, or suspected fraud. These are some of the most common reasons that a claim may be denied.

Unclear Fault

In some cases, fault is very clear, such as a distracted driver who causes a T-bone collision. At other times, though, it’s not as obvious. For example, if the accident occurred in an isolated area or police did not show up at the accident scene, then your initial claim may be denied.

Lapsed Policy

Illinois drivers are required to have auto insurance (625 ILCS §5/7-601). However, some individuals may let their policy lapse, which means that you can’t make a car accident claim against their policy.

The Accident Claim Was Not Reported on Time

While Progressive does not have a specific timeline for when you need to submit a claim, they recommend you submit it as soon as possible so they can begin investigating. They may deny coverage if you wait too long to provide them with the information.

Insufficient Evidence

When submitting an insurance claim, you must provide all the necessary documentation related to the accident, including police reports, medical records, witness statements, and proof of lost wages. Failing to provide enough evidence can mean that Progressive denies your car accident claim.

Policy Exclusions or Limitations

Insurance policies often contain specific exclusions or limitations that may affect liability coverage. These include:

• Racing a personal vehicle
• Using a personal vehicle for commercial purposes
• Driving under the influence
• Damage to personal items
• Certain natural disasters, like flooding

If you were engaged in reckless driving at the time of the accident, Progressive has the right to deny the claim. For example, the highest speed limit allowed anywhere in Chicago is 55 mph (§9-12-070). If you get into an accident going 65 mph on the Dan Ryan Expressway, then they don’t need to honor your claim.

Suspected Fraud or Misrepresentation

Insurance companies carefully review car accident claims, gathering evidence and following strict guidelines to identify suspected fraud. If your claim is flagged as potentially fraudulent, they may deny it. 

This misrepresentation can include claiming that your vehicle is worth more than it is in hopes of receiving more compensation, including unrelated medical expenses, stating that they are related to the accident, or inflating the cost of vehicle repairs.

Your Options If Progressive Insurance Adjusters Deny Your Claim

A denied claim is not the end of the road for receiving compensation. By working with an experienced car accident lawyer and carefully reviewing all communications from the insurer, you can submit an appeal requesting that Progressive reassess your car accident claim.

File an Appeal

You can contact Progressive and ask them to take a second look at your claim. To begin, you and your attorney will identify what grounds you have to appeal. Our team will review the denial letter and compare it with the policy to understand whether the company misrepresented the policy exclusions.

You will need to provide evidence for why you believe your claim should be approved. This can include things like photographs, additional documentation related to the accident, expert testimony, and medical reports.

Each insurance company has different guidelines for what this letter should include, but a good letter will directly address the points made in the claim denial, cite legal precedent, and demonstrate why the evidence supports your side of the story.

The next part of the appeals process is negotiating with the company, which may come back with an offer that we can discuss with you. If this doesn’t work, we may file a lawsuit.

Consider Filing a Complaint

In some cases, insurance companies deny claims in bad faith, meaning that they misrepresented the policy in their own favor. Other bad-faith tactics include stalling for time, demanding excessive documentation, or claiming that the accident was your fault.

If this occurs, you can file a complaint with the Illinois Department of Insurance, which regulates insurance companies. You will need to provide evidence, such as the police report, medical records, and repair estimates. You’ll also explain why you believe that Progressive wrongly denied your car accident claim. The Department of Insurance may ask for additional information, so remain responsive.

The Department of Insurance will review the claim denial to decide whether it was made in error. If they agree with you, then they will demand that Progressive approve your claim and pay you a fair settlement.

Hire a Car Accident Lawyer

An attorney will guide you through the appeals process and ensure that your legal rights are protected. Our legal team will gather additional evidence through legal means and assist you in drafting a persuasive appeal letter. We’re familiar with the games that insurance adjusters play and can effectively counter them.

The Statute of Limitations and Its Impact on the Claims Process in Illinois

In Illinois, the statute of limitations for a personal injury lawsuit is generally 2 years (735 ILCS §5/13-202). In general, financial recovery through insurance coverage or a lawsuit is not possible after this time. You need to contact an attorney as soon as possible so that we can start working on your case and meet this deadline.

How Lawyers Help When Insurance Companies Deny Claims

An experienced car accident attorney is invaluable, ensuring you receive the financial compensation you deserve. If Progressive denies your claim, our Chicago auto insurance claim attorneys can assist you in filing an appeal and negotiating with the company. Benefits of working with our team include the following.

Experienced Legal Team

Using our legal expertise, we will identify whether you have a strong case and identify why your claim may have been denied.

Policy Expertise

Our team is highly familiar with Progressive’s policies and can explain them to you, ensuring that everyone is on the same page.

Thorough Claim Evaluation

We’ll review all evidence available, such as the policy, denial letter, and accident report. We’ll make sure you have all the necessary documentation and find more evidence to support your claim.

Claim Preparation

The appeals process requires attention to detail and careful review of the company policies. By following their guidelines when writing an appeal letter, we ensure your success.

Preventing Common Claim Issues

Insurance companies will use anything you say against you, even simple things like saying you’re fine when talking to an adjuster on the phone. Allowing us to handle communications with Progressive prevents you from falling prey to their tactics.

Negotiation Skills

Our legal experts are highly skilled at negotiating with at-fault drivers and their insurance companies. We will aggressively argue for maximum compensation while countering arguments about pre-existing conditions or your liability.

Trial Representation

A knowledgeable attorney is invaluable if Progressive denies your claim and you decide to take the case to court. We are highly familiar with insurance laws and how they relate to a car accident case, so we can refute their denial effectively in front of a judge and jury.

Reduced Stress

It’s very frustrating to be treated unfairly by an insurance company, especially if you have a valid claim and don’t understand why you’ve been denied.

Evidence Needed

The evidence you provide should point to the at-fault driver’s negligence. This can include:

• Medical records
• Police reports
• Witness statements
• Accident scene photos
• Injury photos
• Income statements

We will help you gather other information, like surveillance footage, that supports your case.

Other Bad Faith Practices

In July 2024, Progressive was forced to pay $48 million in a class-action lawsuit that claimed it significantly undervalued wrecked cars, reducing the potential value of insurance claims. This is just one of many bad-faith insurance tactics that claims adjusters may use to avoid their responsibilities. Other tactics include:

• Failing to conduct a thorough investigation
• Denying without a clear reason
• Misinterpreting policy in their favor
• Making lowball offers
• Delaying their investigation
• Refusing reasonable requests for documentation
• Attempting to intimidate claimants

Insurance companies may also ignore case law when denying claims. Thanks to Galarza v. Direct Auto Insurance Co., bicyclists and pedestrians can be covered under their uninsured motorist policy. However, they may insist that you can’t use your insurance policy unless you are in the vehicle.

Illinois law provides protections for claimants when an insurance company acts in a “vexatious and unreasonable” manner. If they unreasonably delay a claim, they may be required to pay part of your attorney fees during a lawsuit (215 ILCS §5/155).

Damages You Can Recover Through a Progressive Car Accident Claim

You may receive both economic and non-economic damages for your claim. These include:

• Medical bills
• Lost wages
• Property damage
• Wrongful death damages
• Pain and suffering
• Loss of enjoyment of life

Consult a Car Accident Attorney Near You! 

Having an experienced legal professional like Rosenfeld Injury Lawyers on your side is crucial. We have recovered millions for clients and have years of experience negotiating with companies like Progressive, allowing you access to our legal resources and skills. 

Our Chicago car accident law firm works on a contingency fee basis, meaning you pay nothing unless we win your case.

If Progressive denies your claim, we encourage you to contact us for a free consultation about your options for appeal or a lawsuit. Call us at (888) 424-5757 or use our online contact form for a free legal consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.