Now on my second go around with an insurance company. This time Progressive contacted us saying we were in a town and hit a parked car. Someone took down the tag. Car nor person was not there on said date or ever for that matter. No police report, no photos. Just some smuck thinking correct tag. Progressive called looking for money or proof we were not there. Now they have sent it to collections. Wtf is wrong with people, companies and this country?

Don't they require a police report?

It is a pain. We get hit with audits that take so much work with audit companies incentivised to find the maximum amount they can to ratchet up rates.

Not if you just want to pay them to go away.

Dispute credit report as incorrect info.

You could also sue them, but that's even more headaches.

I am seeking an attorney and going after everyone and anything I can sue for. Pisses me off.

Do you use google maps? If so, pull the history for that day and show it to them.

Yet another good reason to install GPS tracking in the trucks. Some may say, "oh boss you want to keep an eye on us." When in fact it's to show those money thirsty insurance companies where the truck was at that time.

Would be awesome to see their faces when you show the GPS report and your truck(s) were all parked and the next town over at the time of the "hit and run."

KOT

In criminal cases you are presumed innocent until proven guilty.

In civil manners, there is no such protection.

Still, the insurance company should do their due diligence in confirming with their client (you) that the incident did occur before paying out, and by extension charging you.

Is Progressive your insurance carrier?
If not, they have no legal right to demand payment unless you're in a contract with them, admitted guilt, or willingness to settle/pay, have a court judgement, etc.

You did say that they have already sent you to collections, right?
In other words, they're not just stating that they will/can/shall do so.

If all the things check out, this would be a good grounds for extortion and/or tort.

Progressive is not my company and yes, already sent to collections within 45 days of said incident including one letter from them requesting our contact and payment.

Time to find a lawyer and make sure that lawyer fees are part of lawsuit.

Yup, and in some cases the lawyer can talk to your cell carrier and your employee cell carriers. So they can gain access to where they were at the time and date. Whether they were traveling or not.

Depending on the carrier, they may need a written authorization from the cell phone owner/account owner. Even though they won't release the data directly to you. They will still need the permission to release it to the police.

KOT

Shouldn't this be a discussion between your insurance company and Progressive?

Is there any claim of "hit and run"? If so, there should be a police report.

There will be a cost involved, but it would be interesting to investigate the injured party. Years ago, we had a "slip and fall" outside of our store. The claim arrived some weeks later. I checked the weather report for that day and there was a brief snow shower in the area at approximately the time of the "fall". It was early in the season and very unlikely that there was any frozen coating on the sidewalk. I doubt that there was enough snow to sweep. (in fact, I did not know that it might have snowed until I looked up the weather report -- and I lived a few blocks from the store) In our case it was the landlord's problem and he checked the "injured" party who turned out to be serial victim of this sort of "fall". A few weeks later an unsavory person stopped in, introducing himself as the "injured" party and stated that he would withdraw the claim if we gave him some cash. I don't know the ultimate outcome because it was the landlord's problem. (And, I can't rule out the possibility that the whole exercise was a landlord-victim conspiracy to milk the insurance company under the assumption that the company likely would settle for a small sum rather than incur the expense of a fight.)

If I just turned it over to my carrier they would probably settle, but that does not guarantee removal of the credit ding. I dont want to just settle, I want revenge now.

When did they first make contact with you and when did they file the credit report. They have to give you a chance to respond before filing.

I changed my auto insurance from Farmer's to Allstate and notified Farmer's before the end of the period, but they still filed a report. Gave me a whole 30 days, too. woo hoo.