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Complaint 22 of 36 in "Claim Denied or Delayed"

Insurance Carrier: Progressive
State: Wyoming

Consumer Complaint:

I was a passenger on a motorcycle that is insured by Progressive, Michigan. The accident happened it the state of Wyoming, August 13th, 2008. We were sideswiped by a deer. The front of the deer hit the driver and the body of the deer hit my leg. It broke my tibia and fibula. I was hospitalized for a week and had to have surgery. I have not been able to work and have no other income. The insurance company has denied a claim saying they are not responsible. They have stated that there is no medpay on the policy. I need to know how this is possible.


Insurance Expert Answer:

I am very sorry to learn of your serious accident and wish you a speedy recovery. One important question. Did the insurance company send you a letter stating that your claim is denied? If not, rather than rely on a phone call, it would be important to get it in writing -- including the company's claimed basis for denial -- as if there is in fact coverage but they are telling you there is not they may be acting in bad faith and that can lead to additional damages.

As for the insurance aspects themselves, we do not know what provisions were built into this motorcycle owner's policy in terms of medical payments. Assuming the motorcycle was registered in Wyoming and the insurance policy was issued in Wyoming, you may want to contact the Wyoming Insurance Department and ask them about the medpay issue. Most folks at that department are rather helpful and they'd be happy to tell you if Medpay is standard in WY policies.

I assume you also realize that, depending on the circumstances, the operator of the motorcycle may be liable for negligence, and his liability coverage may be responsible anyway - regardless of any no-fault medpay provisions.