[TheDocKlopek]

I have been waiting to post this until I knew for sure exactly if my car was totaled or not.

So on August 19th I parked my car further out in the parking lot like I normally do to avoid idiots. I live in the Houston area so this is very hard to avoid. Well, random idiot runs into my car and smashes into the passenger side quarter panel. I was walking out of the store when I heard the smashing of glass, but didn't actually see it. He did not take off or anything and was actually very apologetic. I kept my cool and just showed that it was very frustrating, I did not go off or anything but damn. Waited 25 years for a car like this and not even 10 months later this happens. Car only had 15k miles on it. Called police and they took an hour to show up and tell me there is nothing we can do. Here is a crash report, fill it out and send it in. This was on private property so whatever.

He had Progressive insurance so I contacted them. They said there are only a few service centers somewhat nearby that guarantee repairs for the life of the car. I brought it to the closest one which was about 45 minutes away. I also took my previous car to this same location after my neighbor smashed into that car, and they did actually do good work so I felt comfortable.

Fast forward a week or so and Harvey hits, my car still in the shop. I go and visit this service center and looks like no flooding occurred. A couple days later I get a call from this service center to tell me that the shop where my car is actually located, is potentially flooded. They do not know yet. This was the last day of Harvey.

I drove to where this other shop was at and couldn't even get but a mile away and it was all flooded. I tried three separate trips to see if I could get there and take some pics of the shop and my car but never could. This whole time I have a rental from Progressive I might add.

So I get the confirmation yesterday that the city has finally allowed people back around this location where the shop is at. The lady at progressive said when looking at the pictures of my car it appears the flooding went half way up the convertible top. So a good four and a half feet high or so my car was under water.

But wait, there's more! Now I am being told to return my rental car to Progressive because the flooding and totaling of my car will be handled by my insurance company, Texas Farm Bureau. I guess I never looked close enough but was told from the lady at Progressive she asked my claims adjuster from Texas Farm and I do not have rental car coverage? Wtf...

So as of today I have a car that someone smashed into, that was flooded and now come monday have to return my rental car and have no car at all. And people wonder why insurance companies are frowned upon? My idea is to keep the rental car and have the shop insurance cover it hopefully. But either way wow this is some shit luck lol. I will have to pay out of pocket for the deductible and now the rental.

Also to boot. The Texas Farm guy told me that they will probably lower the value of the car because it was in an accident. And the Progressive lady said that I will only get the difference of whatever the body shop didn't cover.

Shouldn't I get the full market value of this car before the guy smashed into me?

[reeper]

I think I'd get a lawyer.

[Soleil]

Yep, that calls for a lawyer. Oh that is really bad luck.

[JewelSS1992]

I agree maybe you should speak to a lawyer

[jchappies]

Get a Lawyer
Hope you have GAP insurance.

[Stoner]

Wow, talk about a shit sandwich, That sucks.

To me you have several issues.
1. someone hit you and damaged your car.
2. you took it to a body shop to be repaired.
3. They moved it to an off site location (without your consent?) where the vehicle was further damaged by the storm.
4. progressive insurance was originally responsibly
5. now the Texas Farm is involved.

If i have that right, i think you have a complex case. I would call your agent (Texas Farm?) and confirm what their plans are to make this right for you. If you don't like what you hear, I would find a competent attorney and buy and hour of their time. Insurances companies are not your friend, you have several rights that are not widely known, and your insurance company is under no obligation to inform you of all your rights.

Sorry about your situation, hang in there!

[ssrs2lt]

Man I'm sorry that's really rotten..no one will or even wants to do the right thing..wtf..I'm mad for ya!

[Cldgin2]

[Software Guy]

WTF? Really?

Corporate America trying to get out of anything I guess. WOW that really sucks. I hope a lawyer can fix it.

[TJay74]

I would call BS here on that insurance company.

1st, they owe you for the damages to your car to take it from pre-accident, to post accident and back to pre-accident state. What they are trying to do is get out of paying for the valid claim you have with them for the damages their insured caused when he hit your car.

Basically they are trying to force your insurance to say a $30k in normal condition before the accident that now has $10k in repairs is only worth $15k now and say you owe $25k on the car is going to leave you on the hook for $10k.

That isnt legal nor right. They are on the hook for the repair bill and damages to take your car from the damaged state back to a repaired state. So they still owe you the check for the repairs, then that check is added to what your insurance company will give you for your vehicle in the damaged state it was in at the time of the total loss.

In theory you should be able to walk away from this one at worst case only out your deductible.

I would tell Progressive to pound sand, you are going to be calling the Texas insurance commission to file a formal complaint. Vehicle was totaled out while in their possession and is their responsibility now to cover the full cost of the car and that you are not filing it under your insurance. Otherwise they can speak with your atty and will see you in court.

[Herewego]

Here's what I would do.

If you have both Collision and Comprehensive coverage on the vehicle during both losses, HAVE YOUR INSURANCE COMPANY HANDLE BOTH CLAIMS.

You have a contract with your company and what they will pay/do is written in the policy. Read it. You pay a premium to them so tell them to pay you...they can then navigate the legal issues to go after their money they paid you. Don't carry this burden yourself.
Progressive is paying you based on liability for their driver. No contract and they DO NOT owe for anything other than what their driver caused. The flood is a separate loss and they won't entertain any continuation of rental or other payment once that happens. Not their fault, period.
You will have to pay both deductibles - you or your company can request that Progressive reimburse your deductible to you. Even if progressive already paid the shop (or you) as long as the repairs were not made, the money can be refunded.

A lawyer? really? good luck with that You'll have to pay them by the hour to tell what I just did, otherwise there's no money in it for them. Lawyers are your friend when you have $$ in it for them.

You will have to navigate through more phone calls/issues to switch this around, but it would most likely resolve faster for you. Good Luck and sorry that Harvey has wreaked havoc on you and your car.

[Rustydaytons]

You will be taken care of. Insurance companies bare writing checks left and right because of flooding.i know 4 co workers that got their car totalled out , one of them only had water up to the door speaker....I live in Houston are also

[LuvMI]

Lawyer-up.

[KILLA BEE]

Damn first I was like ayeee Aug 19, my bday. BUT damn sorry for incident bro