Skip to content

The rising situation of underpaying Total Loss Car Claims by insurance providers

Nov 18, 2019
Shamis & Gentile, P.A.
total loss car claims

There is a rise in situations where customers like you are paid very less as compared to the amount you are entitled to in the total loss car claims. An ongoing class action lawsuit asserts that Progressive comes up short, in comparison to your overall compensation amount, on your accident protection scheme.

Total Loss Car Claims Explained

In the current case, Hernandez tries to represent a Class of purchasers who has a Florida vehicle protection strategy gave by Progressive American Insurance that includes an absolute “total loss” settlement in the most recent five years; while, Amarotries to represent similar Class of purchasers who had a Florida vehicle protection strategy gave by Progressive Express Insurance that brought about a total loss in the past five years.

Plaintiffs Rolando Hernandez and Victor Davalos Amaro claim that Progressive routinely neglects to pay customer like you, the full real money estimation of “totaled” vehicles, implying that you don’t get the repayment amount you rightfully are entitled to.

Your vehicle is considered to be “totaled” if your expense to fix your vehicle surpasses the overall estimated evaluation of your vehicle. If the harm on your vehicle is over a specific level of your vehicles worth, your vehicle will be pronounced a “total loss.”

Hernandez rented a 2016 Lexus NX 200t F Sport and was insured through Progressive. In October 2017, Hernandez met with an accident and his vehicle was turned into a “total loss” condition.

An outsider helped Progressive to evaluate Hernandez’s vehicle and the same was evaluated for 40,960.08 dollars. Through certain adjustment of conditions as well as post-retail parts alteration, an amount of 440.65 dollars was added to the same.

After these modifications, the vehicle’s worth was evaluated at $41,400.73 and Hernandez had a $500 deductible which was applied to the vehicles worth, bringing about a last settlement estimation of $40,900.73.

Hernandez claims that this settlement sum is unreasonably little since it does not consider title move charges or enrollment move expenses. Furthermore, Progressive represented 0.003 percent deals charge at $142.56. Hernandez claims that he deserves more in the settlement to make up for the full estimation of his vehicle.

Amaro makes comparative cases in regards to his own case with Progressive. He possessed a 2017 Toyota Camry SE that was protected under Progressive’s scheme. In November 2018, his Camry was associated with an auto accident the same and post the incident, the vehicle was pronounced an absolute “total loss”.

Yet again, an outsider helps Progressive in the evaluation and the Camry’s base worth was estimated at 15,267.37 dollars. After few condition alterations of $21.92 and a $1000 deductible subtracted from the vehicle worth’s aggregate, the settlement sum was at 14,245.45 dollars. Amaro claims that this settlement sum did not exclude any title expenses or enlistment charges from the overall total loss car claims.

The contention of the plaintiff is that the guarantee to pay you the actual money value is a guarantee to pay you the similar market value of the vehicle. In addition, various other important factors like state tax, local sales tax based on your adjusted vehicle value, your title to your vehicle and your registration transfer fee are neglected by Progressive.

Further, plaintiffs claim that rather than satisfying the contractual commitment, the Defendant, Progressive, declines to incorporate title or registration expenses to any insured customers like you. Further, if you lease your insured vehicle, Progressive refuses to pay you the amount mentioned in sales tax under policy.

The contention of Progressive is that the payment to customers like you works in a standard calculation method; when your vehicle is damaged or totaled in an accident, you will be paid the actual cash which is equivalent to market value of your vehicle based on numerous factors like pre-loss condition, your vehicle’s age, the mileage you have covered and such. Further, the amount of applicable collision or comprehensive deductible will be deducted from your actual amount.

In the event that you were guaranteed under a collision protection approach, encountered an absolute misfortune auto accident, and were not repaid for deals duty and other such expenses by your insurance agency over the most recent 5 years, you may meet all requirements to join a complete misfortune auto accident class action lawsuit investigation.

The citation of the lawsuit : Hernandez, et al. v. Progressive American Insurance Company, et al., Case No. 1:19-cv-22300-FAM, in the U.S. District Court for the Southern District of Florida.

Total Loss Car Claims Lawyers | Shamis & Gentile, P.A.

Getting in an accident can be really mentally as well as monetarily painful and if your insurance pays you less than what you deserve in the total loss car claims, you tend to be aggrieved more. One of the best ways to get justice for you is to institute a suit and you can contact Shamis & Gentile, P.A. for more information on the same.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.