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Not your average insurance question...
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Typical Stripper
 
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Not your average insurance question... - June 14, 2012, 09:33 AM

So I have had my motorycle endorsement since 2000. I just found out from Progressive while updating my marital status, they did not have me marked as having a motorcycle endorsement back to my current policy which only goes to 2009.

I have been insured with them since 2002 or 2003 but they claim to have no ability to pull records that far back from closed policies. Do I have a leg to stand on to try and get them to find those records and issue me a refund? They have agreed to issue a refund to 2009 with proof from the DMV that I have my M class (already pulled that from DMV NOW).


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Snow Whore
 
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June 14, 2012, 09:38 AM

They may or may not have the ability. Could be a lost data base issue or something other than the agent can tell. Either cut the losses or ask for some additional discount or % off, see if they will bite.
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B
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June 14, 2012, 09:39 AM

Shit... proof should be the goddamn license with the M on it, at least back to the issue date.


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Nothing here
 
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June 14, 2012, 09:40 AM

Quote:
Originally Posted by Nudist View Post
So I have had my motorycle endorsement since 2000. I just found out from Progressive while updating my marital status, they did not have me marked as having a motorcycle endorsement back to my current policy which only goes to 2009.

I have been insured with them since 2002 or 2003 but they claim to have no ability to pull records that far back from closed policies. Do I have a leg to stand on to try and get them to find those records and issue me a refund? They have agreed to issue a refund to 2009 with proof from the DMV that I have my M class (already pulled that from DMV NOW).

I will say that there is a difference between regulatory compliance, which allows for record retention/purge periods vs. a litigation standpoint on discovery should there be brought forward a legal challenge to their record keeping practices.

In otherwords they can tell you they do not keep records after xx number of years. However, if challenged in court and through discovery for those records, the retention period is.... indefinitely.
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B
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June 14, 2012, 09:42 AM

But that requires a $5k lawsuit for $2k worth of overpayments.


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- 2007 SV650 Racebike-Superbike KWS/Thermosman suspension/Swenz bodywork/All GSXR Parts
- 2009 SV650 Streetbike Race blue with white stripe/No wrecks/fully faired with M4 full system

Shoot me a PM or talk to Nate (Nudist) if you're interested in purchase.
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Nothing here
 
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June 14, 2012, 09:44 AM

Quote:
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But that requires a $5k lawsuit for $2k worth of overpayments.

True. Rarely used except in cases of class action. No need to ask how I know......
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Typical Stripper
 
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June 14, 2012, 09:50 AM

Quote:
Originally Posted by Madali View Post
I will say that there is a difference between regulatory compliance, which allows for record retention/purge periods vs. a litigation standpoint on discovery should there be brought forward a legal challenge to their record keeping practices.

In otherwords they can tell you they do not keep records after xx number of years. However, if challenged in court and through discovery for those records, the retention period is.... indefinitely.
So does that mean, yes, I could theoretically go after them? Is there perhaps a way to hint that I may do that and a person to try and get referred to?

I normally would just cut my losses and move on, but I have a bone to pick with Progressive.


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June 14, 2012, 09:53 AM

Lemme call Flo. I been hittin that lately.


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June 14, 2012, 09:54 AM

The way I understand it, yes... you could indeed go after them. I have seen first hand this argument used in litigation for records already purged. OGC was completely helpless. Now, whether or not it is advantageous to you is another story. There would be large costs associated with it, which is why it's typically left as a class action argument. Also, it's never a good idea to threaten legal action you aren't prepared to take, especially since insurance agencies have the resources to make it very cost prohibitive to you.
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Typical Stripper
 
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June 14, 2012, 09:55 AM

You know of any information on class action that I could review online?


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  (#11)
Nothing here
 
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June 14, 2012, 09:56 AM

btw.... I am not an attorney or paid spokesperson. The views expressed by me are simple opinion only and not to be taken as sound legal advice.


HAHAHAHAHAHAHA
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Nothing here
 
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June 14, 2012, 09:57 AM

Not yet. It's still being argued and not something I can disclose. Sorry.
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Typical Stripper
 
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June 14, 2012, 10:00 AM

Gotcha... well, I will take what I can get.


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June 14, 2012, 10:30 AM

Quote:
Originally Posted by Nudist View Post
So I have had my motorycle endorsement since 2000.

NOOB!




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June 14, 2012, 10:35 AM

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Lemme call Flo. I been hittin that lately.
HAHAHAHA
Oh she rollin....
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