Progressive Insurance Insurance company falsely attempts to collect money from a pedestrian injured in accident Internet Internet
My 16 yr old daughter was crossing an intersection on her bicycle on Sept 1, 2007. Driver of a vehicle covered under Progressive, collided with my daughter causing her to fall off her bike. She suffered bruises and scrapes and a right radial head fracture (right elbow). Police report was written to indicate my daughter was at fault!! Progressive jumped on that and told me I would be responsible for the damages to the van. It was a scratch. Then in October I received a letter from Insurex stating I owed $798.64 for damages to that van. No further contact from Progressive, they automatically contacted a collection agency to attempt to collect this "debt". I have been receiving harassing phone calls from Insurex insisting I pay this. I have requested copies of the invoice for repairs, copies of estimates prior to repairs and any other pertinent information. They have refused!!!! I finally had to contact an attorney, who not only called Insurex (3-way conference call) but sent them a letter informing them that what they are doing is illegal and is considered harassment. He told them they are to refrain from calling me EVER again or he would press charges. So far I haven't had anymore phone calls. I do not owe Progressive a dime. They are harassing me based on the police report. The officer was not there at the time so for him to right a report indicating a pedestrian was at fault is assanine!! A debt only exists if there is a judgement from a court of law stating I owe Progressive money. I hope other people read this BEFORE bowing to these unscrupuolous, intimidating companies and pay money they DON'T owe. In most cases the initial consult with an attorney is free. Get someone on your side to back you up, if need be but DO NOT pay these people!!
Jill
Wausau, Wisconsin
U.S.A.
6 Updates & Rebuttals
Robert
Irvine,California,
U.S.A.
A bike rider is NOT a pedestrian
#7Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian.
As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own.
Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights.
Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,California,
U.S.A.
A bike rider is NOT a pedestrian
#7Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian.
As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own.
Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights.
Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,California,
U.S.A.
A bike rider is NOT a pedestrian
#7Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian.
As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own.
Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights.
Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Irvine,California,
U.S.A.
A bike rider is NOT a pedestrian
#7Consumer Comment
Fri, January 11, 2008
You stated that your daughter was crossing an intersection ON her bike. Since she was ON her bike she is no longer considered a pedestrian. She can actually get ticketed for moving violations just as a person in a car would if she violates any "rules of the road". Now, I am not saying that she has to be ticketed to be at fault, just that she is no longer seen as a pedestrian.
As for your lawyers letter, all he probably did was send them a Cease and Desist letter. Since they are a collection agency they must obide by the Fair Debt Collections Practices Act(FDCPA). In there it states that once you write telling them to stop contacting you they must. However, it does not make the debt go away. You could actually have done the same thing on your own.
Now, with all that said. They can not refuse to send you documentation if you request it. What your lawyer should have done(if he did not). Was to request debt validation. This requires them to provide the detail of the debt owed. Without validating the debt they can actually go no further in attempting to collect. Again you don't need a lawyer to do this, you can do it on your own. The important thing is that it must be by a Certified Letter with a Return Receipt. Just calling them and asking for this does not preserve any of your rights.
Now you say a "A debt only exists if there is a judgement from a court of law stating I owe Progressive money". That is not exactly true. But since you sent the cease contact letter and no request for validation there is a good chance that in the next few months you are going to get served for a suit that they have filed and will have your day in court.
Robert
Wallingford,Connecticut,
U.S.A.
Since you nor Progressive was there...
#7Consumer Comment
Fri, January 11, 2008
Progressive has to rely on the police report.
I would have to assume that since the accident happened at an intersection there would be eye witness accounts that would place the fault of the accident on your daughter. It also depends on where at the intersection she was crossing (in or out of the crosswalk if there was a crosswalk), with or against the light. Just because a bike rider is in the street does not mean they have the right of way.
Sue
Dallas,Texas,
U.S.A.
REVOKE AUTHORITY TO OPERATE
#7Consumer Comment
Tue, January 08, 2008
If persons such as yourself who have been ripped off by Progressive would file a complaint to the
State Department of Insurance demanding that Progressives Authority to Operate in that State be revoked, perhaps we can all have an opportunity to for fairness. Please go to my youtube.com site "Progressive Insurance Has Treated Me as Roadkill" and ProgressiveClaimsHelp.com for more information on this companies tactics.