Re: The grey area when your boat gets stolen !!!
I had a similar experience with a pickup truck. My insurance company was not Progressive.
I was hit by a drunk driver and ended up in the hospital with a brain injury. The investigating police officer said I was not at all at fault. On the night of the accident, my pickup was towed to a parking garage, not a repair facility. This was done because I was taken to a hospital via ambulance, so I was not available to make a decision about the destination of the vehicle.
About a week after I got out of the hospital, I went to see my truck. To me it looked like it was totaled. I called my insurance company to see how they wanted to proceed. They said to tow it to a repair facility of my own choosing. I actually tried to save them some money by suggesting that they have an adjuster look at the truck where it was, and they decided to do so.
About a week later, I received a call informing me that the truck was not totaled and to have it towed to my body shop. I did (it went to the original dealer, who had a body shop) and was soon told by that dealership that the vehicle was totaled. The service manager told me bluntly, that he was capable of fixing it, but it would cost more than the vehicle was worth, and wouldn't "be right."
From that point on, I began to keep a log of every contact that I had with anyone about the matter. I noted dates, times, names, what was discusssed, etc. I also sent all written correspondence from that time certified mail, with return receipt. What I found out during this process, is that the adjuster who went to the parking garage had written a report that stated the truck had about $7,000 in visible, external damage, but that he couldn't do a full inspection in that particular location. He then wrote on the report, which I eventually got a copy of, that he believed there to be significant damage beyond what he could see, and that he recommended that the pickup be totaled.
My insurance company became adamant that the truck was fixable for the $7,000 and sent me a check in that amount. On the front of the check was a statement that said that endorsement of the check would constitute agreement that the amount would be full and final payment. I crossed that out and wrote on the back of the check, right above where I would sign it, "endorsement and/or cashing of this check DOES NOT constitute agreement that this payment represents full and final payment of any claim with "XYZ" insurance company." I then deposited the money.
We argued about the whole thing for awhile, until I finally got tired of screwing around went to the main office for "XYZ" insurance company in my state, and refused to leave their lobby until I saw a senior manager. When I finally did get to talk to someone in authority, I told him that the meeting was his last chance to make good on the situation. I already had an attorney because I had been sued, even though I was not at fault, and the insurance carrier knew that. During the meeting, I told the manager that if I did not walk out of that office on that day, with a check in an amount that represented a fair settlement on the balance due to me, I would simply turn the matter over to my attorney. I also told them that I would instruct my attorney to go for the cash due, court costs, attorney's fees, damages, food for the cat, and any other damn thing he could get.
I walked out of the office with a check for the balance of the truck's value, additional costs for the second tow, and a couple of other small items.
BTW, the previous person, who said that the OP should expect to be dropped by Progressive, is dead right. That is exactly what "XYZ" insurance did to me. As soon as my annual contract expired, they dumped me.
