Dealing With Progressive After an Indiana Accident
Progressive insures millions of Indiana drivers, but their claim process can be frustrating. Learn exactly what to expect when filing a claim against Progressive—and why having an attorney changes everything in your favor.
Dealing With Progressive After an Indiana Accident
Progressive Insurance handles roughly 13% of all auto policies in the United States, making them the third-largest carrier nationwide according to the National Association of Insurance Commissioners. In Indiana, that translates to hundreds of thousands of active policies—and thousands of accident claims every year. When you're hit by a Progressive-insured driver, you're not dealing with a small-town agent who remembers your family. You're entering a claims system designed to move files quickly and settle cheaply.
How Progressive's Claims Process Actually Works
Progressive uses a tiered adjuster system. Initial claims go to general adjusters who handle property damage and straightforward injury claims. More complex cases—disputed liability, serious injuries, or litigation—get escalated to senior adjusters or litigation specialists. Understanding this hierarchy matters because the adjuster assigned to your file directly impacts your negotiating leverage.
The company also relies heavily on proprietary software to evaluate claims. Their internal valuation tools analyze medical bills, injury codes, treatment duration, and comparable settlements to generate settlement ranges. These algorithms don't account for your individual pain, lost opportunities, or the full scope of how the accident changed your life. They're designed to create consistency—which in practice means pushing settlements toward the lower end of fair value.
The First Contact
Progressive typically reaches out within 24-48 hours of an accident report. The adjuster will sound friendly and helpful. They'll offer to take your recorded statement immediately, sometimes before you've even seen a doctor. This is strategic. Early recorded statements lock you into a narrative before you understand the full extent of your injuries. What feels like minor soreness on day two can become herniated discs by week three—but if you've already said "I'm fine" on tape, that recording becomes evidence against you.
Never give a recorded statement to the at-fault driver's insurance company without legal representation. Indiana law does not require you to do so. Politely decline and say you'll provide written information through your attorney.
Common Tactics Progressive Uses to Minimize Payouts
Insurance companies are businesses. Their profit model depends on collecting premiums and paying out less in claims. Progressive is no exception. Here are the strategies their adjusters use most frequently in Indiana accident cases:
Quick Settlement Offers
Progressive often makes early settlement offers—sometimes within the first week after an accident. These offers arrive before you've completed treatment, before you know if you'll need surgery, and before you've missed substantial work. The offer might sound reasonable: $3,500 to cover your emergency room visit and a week of physical therapy.
But whiplash symptoms can take 2-3 weeks to fully manifest. Soft tissue injuries often require months of treatment. According to data from the Insurance Research Council, claimants who settle within the first 30 days receive settlements 40% lower on average than those who wait until reaching maximum medical improvement.
Disputing Medical Necessity
Progressive frequently challenges the necessity or reasonableness of medical treatment. Their adjusters will argue that:
- You saw the doctor "too many times"
- Physical therapy should have ended after six sessions
- The MRI wasn't medically necessary
- Chiropractic care is "alternative treatment" and shouldn't be covered
- Your treatment "gaps" (missed appointments) prove you weren't really injured
These arguments rely on cherry-picked medical guidelines and ignore the individualized nature of injury recovery. Your doctor ordered that MRI because your symptoms warranted imaging—not because Progressive's in-house nurse reviewer thinks it was unnecessary.
Comparative Fault Arguments
Indiana follows a modified comparative fault rule under IC 34-51-2-6. If you're found 51% or more at fault, you recover nothing. If you're 20% at fault, your recovery is reduced by 20%. Progressive knows this and will scrutinize every detail to assign you partial blame.
Common comparative fault arguments include:
- "You were speeding, so you contributed to the collision"
- "You didn't brake soon enough"
- "You changed lanes without signaling"
- "You were distracted by your phone" (even without evidence)
These allegations shift the negotiation. Instead of discussing whether their driver ran a red light, you're suddenly defending your own driving. This is deliberate strategy, and it works on unrepresented claimants who don't know how to counter it.
Delay Tactics
Time works in Progressive's favor. The longer your claim drags on, the more financial pressure you feel. Medical bills pile up. Collection agencies start calling. You need your car repaired. This pressure makes you more likely to accept a low offer just to close the chapter.
Progressive may:
- Request the same documentation multiple times
- Claim they never received records you sent
- Assign your file to a new adjuster who needs time to "get up to speed"
- Schedule and reschedule inspection appointments
- Take weeks to respond to your attorney's demand letter
None of this is accidental. It's a calculated approach to wear down claimants.
Property Damage Claims vs. Injury Claims
Progressive typically handles vehicle damage claims more smoothly than injury claims. The stakes are lower, the valuation is more objective, and settling property damage doesn't prevent you from pursuing an injury claim later.
Getting Your Car Fixed
Progressive will likely send an adjuster to inspect your vehicle or direct you to one of their partner repair shops. They'll generate a damage estimate using Audatex or CCC software. This estimate often lowballs labor rates and uses aftermarket parts rather than OEM components.
You're not required to use Progressive's preferred shop. You can get your own estimates from body shops you trust. Indiana law doesn't require you to accept aftermarket parts if OEM parts are available, particularly for newer vehicles. Document everything: get multiple estimates, photograph all damage, and keep receipts.
If your vehicle is totaled, Progressive will offer you the "actual cash value" (ACV). This is supposed to reflect what your car was worth immediately before the accident. In practice, Progressive's initial ACV offers are frequently lower than fair market value. They'll pull comparables from hundreds of miles away, include vehicles with higher mileage, or ignore recent maintenance and upgrades you made.
You can dispute their valuation. Provide evidence: recent sales listings for comparable vehicles in your area, receipts for new tires or major repairs, and pre-accident condition documentation.
Rental Reimbursement
If the Progressive-insured driver was at fault, Progressive should cover your rental car costs while your vehicle is being repaired or until they pay the total loss settlement. However, they'll only pay "reasonable" rates—typically economy or mid-size vehicles—and only for a "reasonable" duration.
Progressive may cut off your rental reimbursement before repairs are actually complete, claiming the shop is taking too long. Push back. If delays are due to parts availability or legitimate repair complications, you're entitled to continued rental coverage.
Medical Bills and Treatment Documentation
Progressive won't pay your medical bills as they're incurred. This isn't workers' compensation. You're responsible for paying your providers (or having your health insurance do so), and then you seek reimbursement from Progressive as part of your final settlement.
This creates a documentation challenge. You need to:
- Keep every medical bill and receipt: Emergency room, ambulance, urgent care, primary care, specialists, physical therapy, chiropractic, diagnostic imaging, prescriptions, medical equipment, and mileage to appointments.
- Request complete medical records: Not just the bills, but the actual treatment notes. Progressive will request these anyway. Having them upfront lets you and your attorney identify what your doctors actually documented about causation and prognosis.
- Follow your treatment plan: Gaps in treatment hurt your claim. If you miss appointments because you're feeling better, Progressive will argue you weren't seriously injured. If you miss appointments because you can't afford copays, tell your attorney—there may be solutions like medical funding or working with providers who'll wait for settlement.
- Don't ignore new symptoms: If you develop headaches three weeks after a Car Accidents collision, tell your doctor. If lower back pain appears a month later, get it evaluated. Delayed-onset injuries are common, but they must be documented and causally connected to the accident.
The Colossus Software Problem
Progressive uses claims evaluation software (industry rumors suggest they use a customized version of Colossus, though they don't confirm this publicly). These systems assign injury codes based on medical records, then calculate settlement values based on injury severity, treatment type, and duration.
The problem: Colossus and similar programs undervalue soft tissue injuries, discount chiropractic care, and heavily penalize treatment gaps. A human adjuster might understand why you missed two weeks of physical therapy when you had the flu. Software sees a gap and reduces your claim value by 15%.
Your attorney knows how to frame medical records to maximize value within these systems—emphasizing objective findings, diagnostic test results, and physician-ordered restrictions rather than subjective complaints.
Indiana's Two-Year Deadline and Why It Matters
Under IC 34-11-2-4, you have two years from the date of the accident to file a personal injury lawsuit in Indiana. This is a hard deadline. Miss it, and your claim is barred forever, no matter how severe your injuries or how clear the other driver's fault.
Progressive knows this deadline. Their adjusters track it carefully. As you approach the two-year mark, their settlement offers may increase—not out of generosity, but because they know your leverage disappears entirely if you don't file suit.
Don't wait until month 23 to hire an attorney. Investigation takes time. Witness memories fade. Security camera footage gets deleted. Crash scene photos disappear. The sooner you have legal representation, the stronger your case becomes.
For Wrongful Death cases in Indiana, IC 34-23-1-1 provides a two-year deadline running from the date of death, not the date of the accident. If your loved one survived for weeks or months before succumbing to crash injuries, this distinction matters.
When to Hire an Indiana Injury Attorney
You don't legally need an attorney to handle a claim against Progressive. But statistics consistently show that represented claimants recover significantly more than those who go it alone—even after paying attorney fees.
A study by the Insurance Research Council found that injured claimants who hired attorneys received settlements 3.5 times higher than those who negotiated directly with insurers. For serious injury claims (over $25,000), the multiplier increased to 4.2 times higher.
Consider hiring an attorney if:
- Your injuries required hospitalization or surgery
- You've missed more than a week of work
- You'll need ongoing medical treatment or physical therapy
- You've suffered permanent impairment or scarring
- Progressive is disputing liability or claiming you share fault
- The other driver had minimal insurance coverage
- Progressive made a lowball offer
- You're approaching the statute of limitations deadline
- The accident involved a Truck Accidents collision or commercial vehicle
- You've suffered any level of traumatic brain injury or spinal cord damage
Most Indiana injury attorneys work on contingency—they're paid a percentage of your recovery (typically 33-40%) only if they win. You pay nothing upfront and nothing if there's no recovery.
Uninsured/Underinsured Motorist Coverage
Indiana requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage under IC 27-7-5-2, but you can reject it in writing. Many people do, trying to save on premiums. That's a costly mistake.
If the at-fault driver had only Indiana's minimum liability coverage ($25,000 per person, $50,000 per accident), your damages could easily exceed those limits. A single night in the hospital can cost $15,000. Add surgery, lost wages, and pain and suffering, and you're looking at six figures in losses.
UIM coverage bridges that gap. If you have $100,000 in UIM coverage and the at-fault driver only has $25,000 in liability coverage, your own UIM policy can pay up to $75,000 additional (the difference between the two policies).
The catch: you're now making a claim against your own insurance company—Progressive, if that's who you're insured with. And they'll fight UIM claims just as aggressively as third-party liability claims. The same tactics apply: recorded statements, medical record challenges, comparative fault arguments, and low initial offers.
Motorcycle Accidents and Progressive
Motorcycle claims face extra scrutiny. Progressive and other insurers know that juries sometimes harbor bias against motorcyclists, viewing them as risk-takers or reckless. Adjusters exploit this.
Common arguments in Motorcycle Accidents claims:
- "You were weaving between lanes" (even if you were legally lane-filtering at a stoplight)
- "You were speeding" (based on damage severity rather than evidence)
- "You weren't wearing proper gear, so you contributed to your injuries"
- "Motorcycles are inherently dangerous—you assumed the risk"
None of these defenses excuse the at-fault driver's negligence. If a car turned left across your path without yielding, that driver violated your right-of-way regardless of what you were wearing or riding.
Documentation matters enormously in motorcycle cases. If you're physically able, photograph the scene from every angle. Get witness contact information. Request the police report immediately (Indiana State Police and local agencies typically release reports within 5-10 days). If there were road hazards—potholes, debris, faded pavement markings—document those too.
Dealing With Progressive's Litigation Department
If settlement negotiations fail and your attorney files a lawsuit, your claim moves to Progressive's litigation team. These aren't the same adjusters you've been dealing with. Litigation specialists are more experienced, more aggressive, and more willing to take cases to trial.
Progressive defends aggressively. They'll:
- Depose you under oath about every detail of the accident and your injuries
- Subpoena all your medical records, including pre-existing conditions from years before
- Request your employment records, tax returns, and social media accounts
- Hire medical experts to review your records and testify that your treatment was excessive
- Conduct surveillance (yes, they sometimes hire investigators to film you doing activities that might contradict your injury claims)
This isn't meant to intimidate you out of pursuing legitimate compensation. It's the normal litigation process, and your attorney will prepare you for every step. But it reinforces why having experienced legal representation matters. You're facing a team of lawyers and experts backed by a multi-billion-dollar corporation.
The Role of Independent Medical Examinations
Progressive may request that you submit to an "independent" medical examination (IME). The terminology is misleading—there's nothing independent about it. Progressive chooses the doctor, pays the doctor, and uses that doctor repeatedly for similar cases. These physicians know who butters their bread.
IME doctors routinely:
- Conclude that your injuries are pre-existing
- Claim you've reached maximum medical improvement earlier than your treating physicians believe
- Recommend against further treatment
- Attribute your symptoms to degenerative conditions unrelated to the accident
- Minimize your functional limitations and restrictions
You're generally required to attend an IME if Progressive formally requests one, especially if you've filed a lawsuit. But you have rights. Your attorney can:
- Attend the examination with you
- Record the examination (audio or video)
- Review the doctor's credentials and testimony history
- Limit the scope of the examination to relevant body parts and conditions
- Challenge the IME doctor's conclusions with testimony from your own medical experts
Comparative Table: Handling Progressive With vs. Without an Attorney
| Scenario | Without Attorney | With Attorney |
|---|---|---|
| Initial Settlement Offer | $3,500 | Same $3,500 (usually) |
| Negotiation Leverage | Limited; Progressive knows you're unfamiliar with claim valuation | Strong; attorney has settlement data, litigation experience, and trial readiness |
| Medical Records | You request, organize, and explain everything yourself | Attorney's staff handles all record collection and organizes for maximum impact |
| Treatment Coordination | You navigate billing, payment, and provider relations alone | Attorney may connect you with providers who work on liens or delayed billing |
| IME Handling | You attend alone; IME report goes unchallenged | Attorney attends, records, and retains medical expert to rebut findings |
| Comparative Fault Defense | You must argue against Progressive's liability arguments without knowing Indiana case law | Attorney cites precedent, accident reconstruction, and witness testimony to defeat fault-shifting |
| Settlement Timeline | Often months of back-and-forth with no clear endpoint | Structured demand, deadline, and lawsuit filing create negotiation pressure |
| Final Settlement | $8,000 (example, based on IRC data showing 3.5x difference) | $28,000 minus 33% fee = $18,760 net to you |
Red Flags That Progressive Is Acting in Bad Faith
Indiana recognizes claims for insurance bad faith when insurers violate their duty to act fairly and in good faith. While most claim disputes are just hard-nosed negotiation, some behaviors cross the line into bad faith:
- Denying a claim without conducting any meaningful investigation
- Refusing to pay a claim that's clearly covered under the policy
- Failing to communicate for weeks or months without explanation
- Misrepresenting policy terms or coverage limits
- Pressuring you to settle by threatening to deny the claim entirely
- Offering an insultingly low settlement on a clear-liability, serious-injury case
Bad faith claims are difficult to prove and require separate legal action beyond your injury claim. But they do exist, and they can result in damages beyond the policy limits—including punitive damages in egregious cases.
How IndianaAccidentAid.com Connects You With the Right Attorney
Navigating a claim against Progressive—or any major insurer—shouldn't feel like a second full-time job. You're already dealing with medical appointments, vehicle repairs, lost income, and physical pain. Adding insurance negotiations and legal research to that burden is overwhelming.
IndianaAccidentAid.com simplifies the process by matching Indiana accident victims with experienced injury attorneys who handle claims against Progressive every day. These attorneys know:
- Progressive's settlement algorithms and how to maximize value within those systems
- Indiana's comparative fault laws and how to defeat blame-shifting arguments
- Medical documentation standards that withstand IME challenges
- When to push for trial versus when to accept a fair settlement
- How to structure settlements to protect against future medical needs and tax consequences
The platform connects you with attorneys who work on contingency, so there's no upfront cost and no fee unless you recover compensation. Initial consultations are free, and most attorneys can review your case within 24-48 hours.
You're not asking for a handout. You're seeking fair compensation for losses you didn't cause and didn't want. An experienced attorney levels the playing field against Progressive's team of adjusters, software, and litigation specialists.
Key Takeaways
- Progressive uses tiered adjusters, proprietary software, and systematic tactics to minimize claim payouts—early settlement offers, treatment disputes, comparative fault arguments, and delay strategies.
- Never give a recorded statement to Progressive without legal representation; you have no legal obligation to do so in Indiana.
- Indiana's two-year statute of limitations under IC 34-11-2-4 is a hard deadline; miss it and your claim is barred forever.
- Represented claimants recover 3.5 to 4.2 times more than unrepresented claimants, even after attorney fees, according to Insurance Research Council data.
- Document everything: medical records, bills, vehicle damage, witness information, scene photos, and all communications with Progressive.
- UIM coverage is critical in Indiana, where minimum liability limits ($25,000/$50,000) rarely cover serious injury damages.
- Progressive's "independent" medical examinations are strategic defense tools; your attorney can attend, record, and challenge biased conclusions.
- Bad faith claim handling—denying coverage without investigation, misrepresenting policy terms, or refusing clearly valid claims—can result in damages beyond policy limits.
Talk to an Indiana Injury Attorney Who Knows How to Handle Progressive
You didn't choose to be in this position. You didn't choose to deal with Progressive's adjuster, their settlement software, or their litigation department. But you do get to choose whether you face them alone or with experienced legal representation.
IndianaAccidentAid.com matches Indiana accident victims with attorneys who handle cases in Indianapolis, Fort Wayne, Evansville, South Bend, Carmel, Fishers, Bloomington, Lafayette, and throughout the state. Whether you were injured in a Car Accidents collision, Truck Accidents crash, Motorcycle Accidents incident, or Slip and Fall event, the platform connects you with attorneys who have proven track records against major insurers like Progressive.
There's no cost to explore your options. No obligation to hire anyone. No pressure. Just clear information about your legal rights, claim value, and the next steps. Get matched with an Indiana injury attorney today and stop letting Progressive control the conversation about your recovery.
Frequently asked questions
How long do I have to file a claim against Progressive after an Indiana accident?
You should notify Progressive of the accident as soon as possible—ideally within 24-48 hours. However, Indiana's statute of limitations under IC 34-11-2-4 gives you two years from the accident date to file a personal injury lawsuit. This is a hard deadline that cannot be extended. While you can negotiate with Progressive's adjuster for months or even the full two years, if you don't reach a settlement and don't file suit before that deadline, your claim is permanently barred. For property damage claims, the deadline is also two years. Don't confuse notification deadlines with legal deadlines—notify the insurer quickly, but you have time to investigate, treat, and build your case before the statute runs.
Should I give a recorded statement to Progressive after an accident?
No. You have no legal obligation to provide a recorded statement to the at-fault driver's insurance company in Indiana. Progressive adjusters will ask for one within the first day or two after an accident, framing it as a routine formality. In reality, they're trying to lock you into a narrative before you fully understand your injuries, before you've consulted an attorney, and before you know what details matter legally. Even innocent statements—'I didn't see them until the last second' or 'I'm feeling okay'—can be used against you later to dispute liability or minimize injury severity. Politely decline and say you'll provide information through your attorney. If you're making a claim against your own Progressive policy, you may have a contractual duty to cooperate, but even then, consult an attorney before giving any recorded statement.
What is Progressive's average settlement offer for car accident claims in Indiana?
There is no meaningful average because every claim is different. Settlement values depend on injury severity, medical costs, lost wages, liability clarity, insurance policy limits, and dozens of other variables. A minor rear-end collision with soft tissue injuries might settle for $5,000-$15,000. A serious crash requiring surgery could settle for $100,000 or more. Progressive's initial offers are almost always lower than fair value—often 30-50% below what the claim is actually worth. That's a starting point for negotiation, not a final number. Be skeptical of any attorney or website that quotes average settlements; they're either making numbers up or pulling from such a broad range of cases that the data is meaningless. What matters is what your specific case is worth based on your injuries, your treatment, and Indiana law.
Can Progressive force me to use their preferred repair shop in Indiana?
No. Indiana law does not require you to use Progressive's preferred or 'direct repair' shops. You have the right to take your vehicle to any licensed repair facility you choose. Progressive may suggest their network shops, claiming they guarantee the work or streamline the process, but these shops often use aftermarket parts and may prioritize speed over quality to maintain their relationship with the insurer. Get multiple estimates from body shops you trust. Progressive must pay for reasonable and necessary repairs based on the actual damage, not just what their preferred shop bids. If their estimate is lower than your shop's, provide detailed documentation explaining the differences—labor rates, OEM versus aftermarket parts, and hidden damage discovered during teardown. You can negotiate, and if necessary, hire an independent appraiser to support your position.
What happens if the Progressive-insured driver doesn't have enough coverage for my injuries?
If the at-fault driver's liability coverage is insufficient to cover your damages, you have two options. First, check whether you have underinsured motorist (UIM) coverage on your own auto policy. Indiana requires insurers to offer UIM coverage under IC 27-7-5-2, though you can reject it in writing. If you have it, your UIM coverage pays the difference between the at-fault driver's limits and your policy limits. For example, if the other driver has $25,000 in coverage and you have $100,000 in UIM, your insurer can pay up to $75,000 additional. Second, you can pursue the at-fault driver personally for the uncovered damages, though most people lack assets to satisfy a judgment. This is why UIM coverage is so critical—it protects you when negligent drivers carry minimal insurance.
How does Indiana's comparative fault law affect my claim against Progressive?
Indiana follows a modified comparative fault rule under IC 34-51-2-6. If you're found 51% or more responsible for the accident, you recover nothing. If you're 50% or less at fault, your recovery is reduced by your percentage of fault. So if your damages total $50,000 and you're found 20% at fault, you can only recover $40,000. Progressive knows this and will scrutinize every detail to assign you partial blame—alleging you were speeding, distracted, failed to brake timely, or violated traffic laws. Even if their driver clearly caused the crash, Progressive may argue you contributed 10-30% to reduce their payout. This is why witness statements, police reports, and accident reconstruction matter. Your attorney must affirmatively prove the other driver's negligence and rebut any comparative fault allegations with evidence, not just argument.
What is an IME and do I have to attend if Progressive requests one?
An IME (independent medical examination) is a medical exam arranged and paid for by Progressive, conducted by a doctor they select, to evaluate your injuries. The term 'independent' is misleading—these doctors work repeatedly for insurance companies and their reports overwhelmingly favor the insurer. If you've filed a lawsuit, you're generally required to attend an IME if Progressive formally requests one through proper legal channels. If you're still in pre-litigation negotiation, you can often refuse without consequence. If you must attend, your attorney can accompany you and record the examination. The IME doctor will review your medical records, perform a physical exam, and issue a report—often concluding your injuries are pre-existing, exaggerated, or resolved. Your attorney will counter this with testimony from your treating physicians and independent medical experts who can rebut the IME findings.
How long does it take to settle a claim with Progressive in Indiana?
Simple property-damage-only claims often settle within 2-6 weeks. Injury claims take longer—typically 3-12 months, depending on treatment duration, injury severity, and negotiation complexity. You shouldn't settle an injury claim until you've reached maximum medical improvement (MMI), meaning you've recovered as much as you're going to or your condition has stabilized. Settling too early means you can't reopen the claim if you need surgery or additional treatment later. Progressive may pressure you to settle quickly with early lowball offers. Resist. Once you accept a settlement and sign a release, the claim is closed forever. If negotiations stall or Progressive refuses to make a fair offer, filing a lawsuit can take 12-24 months to reach trial, though many cases settle during litigation once Progressive realizes you're serious.
What should I do immediately after an accident with a Progressive-insured driver?
First, ensure everyone's safety and call 911 if anyone is injured. Contact the police to file an accident report, even for seemingly minor crashes—these reports provide critical documentation of the scene, statements, and preliminary fault determination. Exchange information with the other driver: name, contact information, insurance details, and license plate number. Take photos of all vehicle damage, the accident scene, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses. Seek medical attention the same day, even if you feel fine—adrenaline masks pain and some injuries take hours or days to appear. Notify Progressive that their insured was in an accident (you can do this or the other driver will), but do not give a recorded statement or discuss fault. Finally, consult an Indiana injury attorney before engaging in substantive negotiations with Progressive's adjuster.
Can I sue Progressive directly or only the at-fault driver?
You typically sue the at-fault driver, not Progressive directly. The driver is the tortfeasor (the person who committed the wrong); Progressive is just their insurer. Your lawsuit names the driver as defendant, and Progressive provides a defense attorney and pays any settlement or judgment up to the policy limits. There are limited exceptions where you might sue Progressive directly: if you're making a claim under your own Progressive policy (such as UIM or uninsured motorist coverage), or if Progressive is acting in bad faith by unreasonably denying a valid claim, misrepresenting coverage, or refusing to settle within policy limits when liability and damages are clear. Bad faith claims are separate causes of action with higher proof standards. In most third-party liability claims, though, the at-fault driver is the named defendant and Progressive operates behind the scenes.