Looking for advice on a frustrating insurance situation:
My adult daughter’s car (in Florida) was legally parked, completely stationary, with the back drivers side passenger door open as she and her passengers were getting in the car to leave. Another driver pulled his truck out of the spot next to her and his truck's rear fender struck her open door. They exchanged insurance info; she had no damage so didn't file a claim. He filed a claim with his insurer (Progressive). When she asked, my daughter’s own insurer (State Farm) told her to fill out Progressive’s online intake form, which she did but she was never called or interviewed directly.
There were three witnesses in the car with her at the time. Only one was ever sent a witness form by Progressive, and that form was confusing enough that the witness didn’t complete it. No witness (including our daughter) has ever spoken directly with an adjuster.
Those in our daughter's car all heard the other driver say "it's not your fault, I just need your insurance to file a claim". He also said it was a "wild/crazy accident of timing".
Weeks later, she gets a text that Progressive found her at fault and closed the claim. We pushed back, made calls, and finally got a supervisor on the phone. The supervisor’s position now is that it’s basically “he said, she said,” and dismissed our witnesses as “personal” rather than “independent” (they were passengers in her car, not strangers). They did concede that a fault determination is “fluid” and can be changed.
Meanwhile, her own insurer (State Farm) gives conflicting info: Their claims people say she could file her own claim through her policy (which would let State Farm fight the fault battle via subrogation), But the local office states given she has no damage nor was she moving or driving, she wouldn't need to file a claim.
Questions:
Has anyone dealt with a “personal vs. independent witness” distinction before? Is that a real standard, or an excuse to disregard evidence?
Is it worth having her file her own claim with State Farm at this point just to shift the burden of proof to the insurers?
What’s the next real escalation step if Progressive won’t budge (state insurance department complaint, small claims, something else)?
Any tips for getting a stationary-vehicle-struck-by-moving-vehicle fault determination taken seriously when the insurer never interviewed anyone?
Any input from people who’ve navigated something similar or even work in this area of expertise would be appreciated. Thank you!