Thats ALLSTATES Stand
Pro
Joined: Jun 2005
Posts: 734
Likes: 0
From: Austin TX
Originally Posted by SultansDiamond
Okay you need me on this one... now pay attention.
Allstate is instructing you to adjust your claim as if you were their insured (policy holder). It is true that under their policy terms for their policy holders they agree to work with one of their repair centers.
You are NOT an Allstate policy holder and those sections of their policy or methods of adjusting claims do not apply to you.
The section of their policy which applies to you is the Liability section and it says "we will pay of behalf of the insured (the guy who hit you), all damages for which you are legally liable". Do you see any ambiguity here? Any terms or conditions? Nope. That is because there aren't any.
You have no issues with Allstate. Your beef and recourse is against their insured and if you sue their insured their only role is to pay for his defense and also pay WHATEVER the judge rules - period.
So, go to the shop of your choice have them write up what ever they think is the best way to do the repairs and tell Allstate pay this or I sue your insured - period. Don't forget their insured has caused you other losses due to his negligence.
1. Is loss of use. You are entilted to recover for loss of use including renting a like kind and quality replacement rental vehicle. They will tell you they will approve a Geo. Your response.... see ya in court.
2. Diminished Value. Your car now has a negative carfax showing an accident history. Trot on down to your friendly local dealership and ask them what your trade in or resale value is now - try to be sitting down before the answere comes.
3. Anything and I mean anything including loss of consorsium (sex) that this accident has caused, or inconvenienced you.
Most of this stuff can be handled through small claims court.... as soon as you file the paper work against their insured watch the smiles and handshakes return from the good hand people.
Google, and search this forum for DV - I have personally collected it.
30 years retired insurance broker, began with the Commercial Division of Allstate (they had one then) in 1971.
BTW... saying "see ya in court" is not a threat to an insurance company. It means the adjuster gets to move your file off his desk and they will send it over to their full time in-house legal staff. Don't use to try and scare them. When, and if you say it... mean it as a matter of fact! They do however know that it automatically increases their claim by at least five grand.
You could settle through your carrier and they will subrogate (sue) Allstate to recover they money they spend. If your carrier is any better than Allstate, Geico, etc. you might try them. It may be simply jumping from the frying pan into the fire, or it might work out better for you.
What ever you do. Remember despite all the crap your about to hear from all the insurance carriers involved here there are no rules or limits on what the party who caused the damage owes you (except their Property Damage Liability limit which is probably $1,000,000). Another fella here suggested including some Bodily Injury to wake them up... that's okay if she really slapped into you, and I've found that story works best if you were actually in the car at the time of the accident... lol It's all gamesmanship to try and keep their costs down and you can bend over for them if you find it more expedient or show 'em how the game's really played. Do you want your damage panels repaired or replaced (will the repair be detectible), they cannot charge you "betterments", etc. or any of the other myriad of games they like to play. Why? Come on now... say this with me.... because...... you are not one of their policy holders, you are not obligated to their policy terms and conditions.... this is a third party liability and they are only responding on behalf of their client to put you back to where you were before the accident - no rules need apply.
Ah, I miss the old days I used to eat these carriers and their games for breakfast.
Allstate is instructing you to adjust your claim as if you were their insured (policy holder). It is true that under their policy terms for their policy holders they agree to work with one of their repair centers.
You are NOT an Allstate policy holder and those sections of their policy or methods of adjusting claims do not apply to you.
The section of their policy which applies to you is the Liability section and it says "we will pay of behalf of the insured (the guy who hit you), all damages for which you are legally liable". Do you see any ambiguity here? Any terms or conditions? Nope. That is because there aren't any.
You have no issues with Allstate. Your beef and recourse is against their insured and if you sue their insured their only role is to pay for his defense and also pay WHATEVER the judge rules - period.
So, go to the shop of your choice have them write up what ever they think is the best way to do the repairs and tell Allstate pay this or I sue your insured - period. Don't forget their insured has caused you other losses due to his negligence.
1. Is loss of use. You are entilted to recover for loss of use including renting a like kind and quality replacement rental vehicle. They will tell you they will approve a Geo. Your response.... see ya in court.
2. Diminished Value. Your car now has a negative carfax showing an accident history. Trot on down to your friendly local dealership and ask them what your trade in or resale value is now - try to be sitting down before the answere comes.
3. Anything and I mean anything including loss of consorsium (sex) that this accident has caused, or inconvenienced you.
Most of this stuff can be handled through small claims court.... as soon as you file the paper work against their insured watch the smiles and handshakes return from the good hand people.
Google, and search this forum for DV - I have personally collected it.
30 years retired insurance broker, began with the Commercial Division of Allstate (they had one then) in 1971.
BTW... saying "see ya in court" is not a threat to an insurance company. It means the adjuster gets to move your file off his desk and they will send it over to their full time in-house legal staff. Don't use to try and scare them. When, and if you say it... mean it as a matter of fact! They do however know that it automatically increases their claim by at least five grand.
You could settle through your carrier and they will subrogate (sue) Allstate to recover they money they spend. If your carrier is any better than Allstate, Geico, etc. you might try them. It may be simply jumping from the frying pan into the fire, or it might work out better for you.
What ever you do. Remember despite all the crap your about to hear from all the insurance carriers involved here there are no rules or limits on what the party who caused the damage owes you (except their Property Damage Liability limit which is probably $1,000,000). Another fella here suggested including some Bodily Injury to wake them up... that's okay if she really slapped into you, and I've found that story works best if you were actually in the car at the time of the accident... lol It's all gamesmanship to try and keep their costs down and you can bend over for them if you find it more expedient or show 'em how the game's really played. Do you want your damage panels repaired or replaced (will the repair be detectible), they cannot charge you "betterments", etc. or any of the other myriad of games they like to play. Why? Come on now... say this with me.... because...... you are not one of their policy holders, you are not obligated to their policy terms and conditions.... this is a third party liability and they are only responding on behalf of their client to put you back to where you were before the accident - no rules need apply.
Ah, I miss the old days I used to eat these carriers and their games for breakfast.
Thread Starter
Burning Brakes
Joined: Jul 2004
Posts: 1,192
Likes: 111
From: If your not the lead dog the view never changes Boise, Id
I just got off the phone with the state Insurance board. Get this, Here in Idaho the Insurance company does not need to guarantee a color match, They can paint the door pink for all they care all they have to do is repair the panel. I called my insurance agent (Farmers) and am now running it thrue them. Farmers adjuster will call me tomorow Im very nervous Ill get the same treatment....We will see
Race Director
Joined: Apr 2005
Posts: 10,179
Likes: 2,306
From: Wesley Chapel, FL Las Vegas, NV
Originally Posted by RockyL32
I just got off the phone with the state Insurance board. Get this, Here in Idaho the Insurance company does not need to guarantee a color match, They can paint the door pink for all they care all they have to do is repair the panel. I called my insurance agent (Farmers) and am now running it thrue them. Farmers adjuster will call me tomorow Im very nervous Ill get the same treatment....We will see
Your letter should read that if payment is not received within 10-14 days you will have no other alternative then to seek recovery through the legal system. It is important that you have made a written demand for payment before you file a lawsuit as the demand letter is your #1 piece of evidence if you do end up before a judge.
The other person then will forward your letter along with hopefully a nasty phone call to their insurance agent. Because if you do sue them the insurance company is obligated to defend their insured.
The down side of having your insurance company pay you and then subrogate is that now your insurance company will have paid out a claim to you. This may effect your insurance rates even though it was not your fault. So if do do go this route make sure that when your insurance recoverd their money that it is relcted on your claim history. If not when ever you decide to switch insurance companies you will have answer "yes" to the question about have you had any claim in the past 5 years. Sometimes to the actuaries determining rates a claim is a claim regardless of fault.
Race Director
Joined: Dec 2000
Posts: 19,304
Likes: 85
From: San Diego CA
A guy who was insured by Allstate backed into our Lexus last year. Allstate insisted that we were 15% at fault because I didn't beep my horn (I was too busy trying to back out of his way).
ONE YEAR LATER, the arbitration judge ruled in my favor and we were FINALLY given the rest of our money back. Needless-to-say, I am NOT a big fan of Allstate!
ONE YEAR LATER, the arbitration judge ruled in my favor and we were FINALLY given the rest of our money back. Needless-to-say, I am NOT a big fan of Allstate!
Melting Slicks
Joined: Nov 2005
Posts: 2,071
Likes: 0
From: clackamas oregon
well.......lets see.... ins adjuster trying to get you to settle for a less quality job. that is just amazing!!!!!
black paint is not all one color!!!!!! they need to be blended. period or else the difference will show.
tell him no problem....you will just go ahead and accept any old oil base rustolium product that can be brushed on.
they will do this at your shop if you tell them no to theirs. they have too!!!!!!
black paint is not all one color!!!!!! they need to be blended. period or else the difference will show.
tell him no problem....you will just go ahead and accept any old oil base rustolium product that can be brushed on.
they will do this at your shop if you tell them no to theirs. they have too!!!!!!
Burning Brakes
Joined: Jun 2006
Posts: 866
Likes: 0
From: Placerville Ca
Originally Posted by RockyL32
I just got off the phone with the state Insurance board. Get this, Here in Idaho the Insurance company does not need to guarantee a color match, They can paint the door pink for all they care all they have to do is repair the panel. I called my insurance agent (Farmers) and am now running it thrue them. Farmers adjuster will call me tomorow Im very nervous Ill get the same treatment....We will see
I think what your trying to say is you spoke with the State Insurance Commissioners office.
Now let me paraphrase you...
I spoke to some lacky clerk who was so low on the totem pole he had to take my call at the commissioners office. This underpaid and overrated state employee told me insurance companies are not obligated to even attempt good repairs, much less proper ones. Of course I took out a big greasy spoon and ate up every word they uttered. I'm so running scared and confused now I'm either gonna crap in my pants and go crying home to mama, or call my carrier and hope they won't be cruel to lil ole me.... I just don't think I can stand much more of this!
Suck it up Bucky. You were just fed crap and even you know it's crap. We are going to come over there and take your Corvette away from you if that is all the muchachas you got. I'm gonna stop trying to help you if all you want to do is go out and pick pansies... and if you use the word "nervous" around me one more time you'll be banned forever from Corvettes & allowed to never even stand near anything more powerful than a Miata!
Now show us what ya got and get in there swinging, oh yea... have fun. Called the Ins. Comm. today and now I'm nervous.... Damn boy your starting to **** me off!
.
Burning Brakes
Joined: Jun 2006
Posts: 866
Likes: 0
From: Placerville Ca
Originally Posted by Vega$Vette
The down side of having your insurance company pay you and then subrogate is that now your insurance company will have paid out a claim to you. This may effect your insurance rates even though it was not your fault. Sometimes to the actuaries determining rates a claim is a claim regardless of fault.
Very good!
There is one other potential downside. Insurance companies are subrogating to recover THEIR dollars and therefore are not entitled to include your deductible in their demand. Personal lines subro's may attempt to include your deductible more often than commercial insurance. Your option is to coat-tail their litigation. Unless your willing to wave bye-bye to your deductible.
Same can be true in arbitrations which are very lengthy and neither you or your carrier attends. It's just two files on the table.
Corvette Stories
The Best of Corvette for Corvette Enthusiasts
10 Reasons the C6 Z06 is Still A Performance Benchmark After 20 Years
Joe Kucinski
How Much Horsepower Every Corvette Engine "LOST" in 1972
Joe Kucinski
Top 10 DOs and DON'Ts for Protecting Your Convertible Top!
Michael S. Palmer
Top 10 Most Explosive Corvettes Ever Made: Power-to-Weight Ratio Ranked!
Joe Kucinski
150 hp to 1,250 hp: Every Corvette Generation Compared by the Specs That Matter
Joe Kucinski
8 Coolest Corvette Pace Cars (and Replicas) of All Time
Verdad Gallardo
Top 10 Corvette Engines RANKED by Peak Torque (70+ Years of Muscle!)
Joe Kucinski
Corvette ZR1X Will Be Pacing the Indy 500, And Could Probably Race, Too!
Verdad Gallardo
Top 10 Corvettes Coming to Mecum Indy 2026!
Brett Foote
Thread Starter
Burning Brakes
Joined: Jul 2004
Posts: 1,192
Likes: 111
From: If your not the lead dog the view never changes Boise, Id
Diamond your right. I overnighted a letter to the lady that hit me with the estimate from the shop I am going to take my car to an informed her that if her insurance does not pay it I have no choice but to take her to court for it and she can deal with her carrier. my car goes in on wednesday to be repaired properly.
I apologise for the sniveling, I probably did not get enough red meat for lunch.
I apologise for the sniveling, I probably did not get enough red meat for lunch.
Burning Brakes
Joined: Jun 2006
Posts: 866
Likes: 0
From: Placerville Ca
Originally Posted by RockyL32
Diamond your right. I overnighted a letter to the lady that hit me with the estimate from the shop I am going to take my car to an informed her that if her insurance does not pay it I have no choice but to take her to court for it and she can deal with her carrier. my car goes in on wednesday to be repaired properly.
I apologise for the sniveling, I probably did not get enough red meat for lunch.
I apologise for the sniveling, I probably did not get enough red meat for lunch.
We love ya bro and with a name like Rocky wouldn't expect less!
Let me know if you need help of if you feel your resolve weakening. Try to keep atty's and their fees out of it if you can. Going from easy to hard, if it ultimately does litigate and the amount exceeds small claims court. That's when we pile it on... loss of use, DV, etc.
Corvette ***** OG
Joined: Oct 2003
Posts: 4,776
Likes: 21
From: Charlotte NC
St. Jude Donor '05
CI VI Veteran
Originally Posted by SultansDiamond
Inherent DV means the repairs are now PERFECT, but the vehicle has a traceable accident history via carfax, etc.
It's unbelievable that though a car may have been repaired flawlessly, the "stigma" that the vehicle now carries because it has been repaired is as good as any an excuse for a dealership not to give you fair market value.
Bastiges....
Mark
Race Director
Joined: Apr 2005
Posts: 10,179
Likes: 2,306
From: Wesley Chapel, FL Las Vegas, NV
Originally Posted by SultansDiamond
We love ya bro and with a name like Rocky wouldn't expect less!
Let me know if you need help of if you feel your resolve weakening. Try to keep atty's and their fees out of it if you can. Going from easy to hard, if it ultimately does litigate and the amount exceeds small claims court. That's when we pile it on... loss of use, DV, etc.
Let me know if you need help of if you feel your resolve weakening. Try to keep atty's and their fees out of it if you can. Going from easy to hard, if it ultimately does litigate and the amount exceeds small claims court. That's when we pile it on... loss of use, DV, etc.
Also there has been mention of perhaps claiming other injuries. BAD IDEA. Stick to the provable facts. Most judges do not look favorably on false or exaggerated claims. Loss of use or a rental car are fine (you do not get both), DV is a little harder sell but worth trying probably hard to get without going to suit and then maybe your 50/50. Threatening the insurance company BAD IDEA. They don't care and they have attorneys on the clock. Threatening her so she puts pressure on her company to settle GOOD IDEA. Just keep it business like and professional as you want her on your side and mad at her own insurance company not you. "she pays good money for her insurance and this is how they treat her blah,blah"
Good Luck and Keep your
Corvette ***** OG
Joined: Oct 2003
Posts: 4,776
Likes: 21
From: Charlotte NC
St. Jude Donor '05
CI VI Veteran
Originally Posted by Vega$Vette
Threatening the insurance company BAD IDEA.
All that does is through a wrench in it...
Mark
Race Director
Joined: May 2005
Posts: 15,960
Likes: 21
From: West Norriton PA
St. Jude Donor '08
I have Allstate Insurance.
To make a long story short, I backed my Audi A-6 up into a metal guard on the passenger side when the EZ-Pass signal lane was not working right and no attendant would come out on the turnpike.
I took it to the adjuster and got the same bull*hit
as you got.
Well I just took the car to the body shop and they took care of everything with the adjuster, including replacing the fender.
Just take your vette to a reputable shop, give them the estimate and the check from Allstate and they'll take care of it from there.
Allstate is just trying to lowball you, just like a ll the rest of the insurance companies out there.
My car came back looking like new.
Good Luck, and don't get worked up. Just take your car to the shop of you choice and get it fixed the insurance companies will settle it up.
To make a long story short, I backed my Audi A-6 up into a metal guard on the passenger side when the EZ-Pass signal lane was not working right and no attendant would come out on the turnpike.
I took it to the adjuster and got the same bull*hit
as you got.Well I just took the car to the body shop and they took care of everything with the adjuster, including replacing the fender.
Just take your vette to a reputable shop, give them the estimate and the check from Allstate and they'll take care of it from there.
Allstate is just trying to lowball you, just like a ll the rest of the insurance companies out there.
My car came back looking like new.
Good Luck, and don't get worked up. Just take your car to the shop of you choice and get it fixed the insurance companies will settle it up.
Race Director
Joined: Apr 2005
Posts: 10,179
Likes: 2,306
From: Wesley Chapel, FL Las Vegas, NV
Originally Posted by ajg1915
I have Allstate Insurance.
To make a long story short, I backed my Audi A-6 up into a metal guard on the passenger side when the EZ-Pass signal lane was not working right and no attendant would come out on the turnpike.
I took it to the adjuster and got the same bull*hit as you got.
Well I just took the car to the body shop and they took care of everything with the adjuster, including replacing the fender.
Just take your vette to a reputable shop, give them the estimate and the check from Allstate and they'll take care of it from there.
Allstate is just trying to lowball you, just like a ll the rest of the insurance companies out there.
My car came back looking like new.
Good Luck, and don't get worked up. Just take your car to the shop of you choice and get it fixed the insurance companies will settle it up.
To make a long story short, I backed my Audi A-6 up into a metal guard on the passenger side when the EZ-Pass signal lane was not working right and no attendant would come out on the turnpike.
I took it to the adjuster and got the same bull*hit
as you got.Well I just took the car to the body shop and they took care of everything with the adjuster, including replacing the fender.
Just take your vette to a reputable shop, give them the estimate and the check from Allstate and they'll take care of it from there.
Allstate is just trying to lowball you, just like a ll the rest of the insurance companies out there.
My car came back looking like new.
Good Luck, and don't get worked up. Just take your car to the shop of you choice and get it fixed the insurance companies will settle it up.
If he takes the lowball check from Allstate, which is not his insurance company, and gives it to his shop why do you think his shop is going to accept Allstate's check as Payment in Full if their repair cost is higher then Allstate's check?
Instructor
Joined: Mar 2006
Posts: 129
Likes: 0
From: Cincinnati OH
I feel sorry that some of you think that all insurance adjusters are idiots and should die. 
I am an adjuster, I handle all collector car claims here, I care about my insureds and always work to get them back to where they were before the accident. I do this for my insureds and claimants. Do I let people take advantage of me? Do they try? All day long. So don't sit there and tell me that insurance companies are the only bad guys in all of these situations.
Take each situation and person on individually and don't generalize. Just like how all people think Corvette owners are old men in a mid life crisis.
If you are not getting the service that you feel you are entitled to then go to the next person up or seek advice from a legal rep. or make a complaint to the DOI. You have those rights and make sure you are familiar with them. Puruse coverage through your own carrier if you are not getting the results you desire.
To threaten, lie and falsify information is putting you on the same level as the person that you are having issues with and will only make you look like an idiot in the end.
Here in our company we recover your deductible first out of any damage $ we obtain through subrogation.
There are all sorts of people out there, I am sorry you are having a rough time but please people think about what you are saying before you make mean comments about wishing death on insurance adjusters etc. I've got a job to do just like everyone else. I try to stay out of these threads for obvious reasons, but oh well. :o
I am an adjuster, I handle all collector car claims here, I care about my insureds and always work to get them back to where they were before the accident. I do this for my insureds and claimants. Do I let people take advantage of me? Do they try? All day long. So don't sit there and tell me that insurance companies are the only bad guys in all of these situations.
Take each situation and person on individually and don't generalize. Just like how all people think Corvette owners are old men in a mid life crisis.
If you are not getting the service that you feel you are entitled to then go to the next person up or seek advice from a legal rep. or make a complaint to the DOI. You have those rights and make sure you are familiar with them. Puruse coverage through your own carrier if you are not getting the results you desire.
To threaten, lie and falsify information is putting you on the same level as the person that you are having issues with and will only make you look like an idiot in the end.
Here in our company we recover your deductible first out of any damage $ we obtain through subrogation.
There are all sorts of people out there, I am sorry you are having a rough time but please people think about what you are saying before you make mean comments about wishing death on insurance adjusters etc. I've got a job to do just like everyone else. I try to stay out of these threads for obvious reasons, but oh well. :o
Safety Car
Joined: Oct 2004
Posts: 4,809
Likes: 237
From: Utah
Originally Posted by Boob
This guy knows what he's talking about. Although I can't give you any specific advice because you're in a different state, as a person who's been through this type of thing before I suggest you take it to a shop you trust, have them do all the work and send the ins company the bill. Screw all the arguing. BTW they usually also put you into a rental while it's being repaired.
Safety Car
Joined: Oct 2004
Posts: 4,809
Likes: 237
From: Utah
Originally Posted by Boob
This guy knows what he's talking about. Although I can't give you any specific advice because you're in a different state, as a person who's been through this type of thing before I suggest you take it to a shop you trust, have them do all the work and send the ins company the bill. Screw all the arguing. BTW they usually also put you into a rental while it's being repaired.
Burning Brakes
Joined: Feb 2005
Posts: 752
Likes: 1
From: Tulsa OK
Just dumped Allstate (auto & home) after many, many years of coverage. Their premiums are outrageous and they bust your chops with every claim. Then they jack your rates. Someone busted into one of my cars trying to steal it - no success but they took the radio.
Comprehensive claim - up goes the rates. How is that my fault - Oh, I owned the car.
Allstate Sucks!
Saved over $800 a year on combined home & auto after Allstate and got more coverage besides.
Their adjuster can dictate what a quality job looks like. They are required to "make you whole again." It should look exactly like it did before the accident. Tell the adjuster that if you do it his way and the paint doesn't match they will be paying for another paint job, and possiblye another until its right. Better to do it right the first time.
Comprehensive claim - up goes the rates. How is that my fault - Oh, I owned the car.
Allstate Sucks!
Saved over $800 a year on combined home & auto after Allstate and got more coverage besides.
Their adjuster can dictate what a quality job looks like. They are required to "make you whole again." It should look exactly like it did before the accident. Tell the adjuster that if you do it his way and the paint doesn't match they will be paying for another paint job, and possiblye another until its right. Better to do it right the first time.