Policy change problem

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tpajet

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well, looks like I'm the one needing advice this time.

April 1, 2008 I got rear ended. Not too bad on the damage, just the bumper and bumper cover (It's a MINI Cooper). I had called my insurance (Progressive) as Flordia is a no fault state. Ideally I file the claim with my insurance, then they go after hers. They entered the claim, but suggested I call her insurance and file with them directly, as my policy does not cover a rental car, but her's would have to. So I did. Her insurance took the claim from me, so I called Progressive back, and since her insurance was now handling it, Progressive closed their claim out.

This past March it was time for renewal, and my wife always shops for insurance at renewal time, and found a better rate with Safeco, so we switched. A couple weeks later, we get a letter from Safeco saying we owe and extra $128 because I had an at fault accident. I called them and explained the situation. They told me to have Progressive fax a statement of experience. So I did. A couple weeks go by, I get another bill for $128.

Long story short they told me they never got the fax, so I had it faxed again, still got a bill, had it faxed again AND verified they got it.

A couple days ago I get another bill, now for over $190 because they have added a late fee. They are now telling me that Progressive coed the claim wrong, and they would need to have something from the other insurance compnay that they had paid for the claim, which would show the othe driver was at fault. However they are now telling me that they cannot make this change, because it is past 60 days, and by law they cannot make a change the policy after that time.

I really feel they intentionally dragged this out past the 60 days. I am in the process of filing a complaint with the insurance commisioner in Florida. However I know that won't do anything about the amount they claim I owe. I'm figuring I probalby need to file a lawsuit, but can I sue for money that I have not technially lost since I havn't paid it? My concern is I don't want this to end up on my credit report.
 
Well, I may have posted too soon. I called the Florida Department of Financial Services (includes insurance issues) and they are in the works of taking care of Safeco.
 
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