6 months and counting on auto accident claim

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lsushawn

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My jurisdiction is: louisiana

i have been fighting a third party claim for 6 months now to no avail and don't know what to do next. i know this is a long read but please give me some advise.
9/5/2008
Accident: Making a left hand turn out of GM Cable's driveway onto Lovett Rd. The road was backed up from Joor Rd past the driveway due to the hurricane, power was out and the gas station on the corner was full of cars. The at-fault driver was driving down the wrong side of the road at a high rate of speed in a no passing zone attempting to bypass the traffic instead of waiting in line like everybody else. As I pulled onto the road he hit the front driver's side corner of my vehicle spinning me around in the street. His Toyota Tundra ended up in the ditch. Charles advised me that the two network shops that they deal with in the Baton Rouge area were Team Honda and Duplesis Cadillac. I advised Charles that I had a custom built Jeep Wrangler and that neither a Honda nor a Cadillac dealership were going to fix my vehicle. My vehicle was taken to Medine's Collision Center, at my request, for repairs. The original blue book value put on the Jeep was $20,500 by Charles. I told him that I had around $10000 in add-on parts and there was no way I was going to settle at the blue book value. His decision to repair the vehicle was based on those two numbers.
Week of 9/15/2008
Charles and his supervisor are removed from the property at Medine's Collision Center for attempting to force Medine's to use "cheap aftermarket parts" and to repair parts that were originally deemed unrepairable.
11/2008
Progressive threatens to stop paying for my rental vehicle due to the amount of time it is taking to repair my vehicle, even though no one from Progressive has attempted to check on the vehicle to assess any progress.
Chris Medine informs me that the project is too much for his shop to handle. At this time Charles' supervisor advised me that they have independent body shops in their network in the Baton Rouge area. I advised him that if this information was presented to me at the time the claim was opened that I would have had my vehicle sent to one of their shops in the first place. Progressive has the vehicle moved to Collision Specialties in Walker, La.
12/2008
It is decided that a new frame needs to be put on the vehicle and Progressive agrees that this will be done. The frame among other parts were replaced or repaired during the month of December. During the process a problem mounting the steering gear box to the new frame is discovered and a new steering gear box is shipped to the body shop.
12/13/2008
I drive from Tulsa, Ok to Baton Rouge, La to pick my Jeep up from the body shop. When I arrived at the body shop I did a once-over on the Jeep and discovered that the steering gear box was the original, not a replacement. The body shop owner told me that "Chrysler told me how to make it work". Progressive obviously signed off on this procedure. I was later informed that the decision was made to get the vehicle back on the road and not to wait for the gear box to arrive. The vehicle is released to me by Progressive and I drive it 600 miles back to Tulsa the next day. At this time the vehicle still has a clear title on it.
12/20/2008
All three bolts that are holding the gear box break and the box separates from the frame, leaving me with no control of my vehicle and putting me in a life threatening situation. I end up in someone's yard causing no more damage to my vehicle. I pay a wrecker to pick it up and drop it at my house until Progressive can figure out where to send it for repair. Progressive has a wrecker come pick it up on Monday the 22nd and brings it to Alliance Automotive Solutions.
1/5/2009
I go by and talk to the manager of Alliance about the Jeep. He tells me that there was some bad repairs done other than the steering box.
1/6/2009
Mel with progressive calls to inform me that the Jeep is now a total loss due to additional repairs that need to be done, aka the steering box that was already supposed to be replaced and in my opinion should be covered under the repair warranty. The other "bad repairs" are listed below. The total offer for my Jeep was set at $21,987.75, not acceptable.
1/8/2009
Offer was made to keep my vehicle with a salvage title and a check for $9554 would be mailed to me for the adjusted value of me jeep. I accepted under the circumstances that, if my lien holder requested full pay-off or insurance company wouldn't keep full coverage on the vehicle, that the deal was off. Charles assured me that this would be no problem and told me that the check would be in the mail on Friday.
1/12/2009
Enterprise rental company left a voicemail on my cell phone stating that Progressive will stop paying for my rental as of today. I still have received no form of payment from Progressive. They extended my rental for one day until my adjuster can review the file.
1/14/2009
Enterprise called me again today advising that Progressive had stopped paying for my rental vehicle on 1/13/2009. No one from Progressive had contacted me on 1/13/2009 about this issue. I spoke with Cedric in the Baton Rouge office. He has extended the rental through 1/15/2009 so he can personally go through the file and determine what the next step to take is.
I explained to him my issue with the steering box not being warranted and he seemed to fully understand my complaint, unlike Charles.
1/15/2009
Cedric called at 10am to inform me that he was still researching the claim. He assured me that he would have a decision on the issues that were brought to his attention by the end of the day. I received no other correspondence from him today.
1/16/2009
Cedric called to inform me that Progressive will repair the steering box under warranty. I advised him that I already had one on order and he told me to provide a receipt for reimbursement.
1/20/2009
The Jeep was transported to Chis Nikel Jeep in Broken Arrow to replace the steering box. Aaron from the body shop at Chris Nikel called to inform me that the frame that was put on my jeep was the wrong one. It was for a 1997-2002 Wrangler not for a 2003-2006 Wrangler. He also informed me that the steering box was shimmed to make it fit and that action is what caused the steering box to break away from the frame. He told me that there is no way to interchange steering boxes and that the only way to fix this is to change out the frame to the correct one.
1/21/2009
Chris with Progressive called to inform me that they want to deem the vehicle a total loss again due to the fact that the wrong frame was installed on the vehicle and that it will cost them $5000-$6000 more to have the correct frame installed. Two options were given:

1. To retain ownership of the vehicle with a salvage title and be given $11,000 for the depreciated value of the vehicle. He did tell me that they didn't necessarily have to report the salvage title to the state. (this didn't sound legal to me)

2. For Progressive to buy the vehicle from me for $21,000 which is the value of the vehicle before the accident.

I have rejected the offer until I can do more research but did tell them that the minimum that I will accept is for the vehicle to be fixed correctly and for them to pay the vehicle off with me retaining ownership. I also told him that I will not accept an offer that was not in full, meaning property plus "injury". He informed me that that was not possible due to the fact that they have already spent too much money on the vehicle. I told him that I would have to consult someone that knows more than I do about this kind of situation before we can come to any kind of settlement.

Comments that have been made either face-to-face or over the phone
• To get it out of the shop quicker we used the original steering box.
• The bolt holes on the frame and steering box didn't line up properly
• Talking about having no control of the vehicle "If that would have happened at a higher speed you would have flipped over. (Chris ? w/ Progressive)
• "I need to get this vehicle back on the road. Because of your Jeep we are starting December in the hole." (Drew w/ Progressive)
• "I don't understand how they could have fixed this like this" (Allied shop owner)

Other Problems with the Jeep
• Steering Gear Box (Getting fixed right now at my own cost)
• Transmission lines not attached to the radiator and tie-wrapped to front bumper(put transmission cooler in at my own cost after driving 600+ miles)
• Terrible noise when going 15+ MPH and coasting
• Vent lines far axles tie-wrapped underneath body of Jeep
• Blinker lens on new fender not matched to others(different color altogether)(replaced at my own cost)
• Driver side headlight mount still broken.
• Winch fairlead mount not replaced
• Airbag light stays on (clock spring)
• Passenger seat loose (Fixed myself)
• All electrical wiring that was cut by the wrecker company, I agreed to redo myself but was not compensated for my time or materials to do so.

Additional notes
• Built Jeep for over 1 year to what was my dream vehicle. Spent well over $8500 in aftermarket parts, plus my labor on top of the $20,000 sticker price that was paid in July of 2007. 95% of the aftermarket parts were under 1 year old at the time of the accident. The last improvement that was done to my Jeep was a custom suspension that cost $3185.52 in July of 2007, less than 2 months before the accident. I saved for 6 months to do this modification and it was the last modification to be done to do to achieve my "dream vehicle".
• Jeep was eventually considered totaled due to warranty items that were not properly fixed by Collision Specialties, not additional repairs needed due to the accident like Progressive is claiming.
• I have pictures of everything that was wrong with the Jeep, from day one at the body shop till today with the steering box problem.

This has caused unmeasurable amounts of stress on my wife and I. This jeep was the main piece in our #1 hobby and our way of life. I have had many sleepless nights, bad dreams, and missed trips due to this situation. Every time I thought I may be getting my fixed jeep back it was like the weight of the world would be lifted off my shoulders, only to return ten fold when another problem arose.
We have had to cancel numerous offroading trips namely, Hot Springs during Thanksgiving and Christmas, Gilmer, Tx on January 23, 2009, Katmecy, Tx in February 2009, and numerous one or two day trips in the local area. We have not been able to enjoy our favorite hobby for six months due to this problem.
The refusal by Progressive to make this situation right and the "bad dealings" that have been attempted have made this terrible situation worse.
 
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