Be very careful dealing with ALLSTATE. In my opinion their reputation and customer service leaves a lot to be desired. A few years ago my car was hit on the drivers side by a person backing out of a parking space causing about $1,700 damage. Allstate asked me to take the car to their claim center but before I did I took the car to my body shop to get an estimate on the repairs. Believe it or not the adjuster came within a few dollars of my body shops estimate. After this my problems began. Allstate tried assessing a percentage of blame on me because I was "in the area". We fought up and back for several weeks before I agreed to take 10% responsibilty for the accident(they originally assessed 40% responsibilty) - even though I wasn't at fault I wanted to get on with my life. Well, after I cashed their check their insured who caused the accident wanted my insurance to pay 10% of their repair bill. My insurance company wouldn'y pay and I never heard another thing from ALLSTATE. THey are the worst. I think their customer no service reps must work on some kind of bonus program for not paying out or delaying payment of claims.

 

Yup, I gathered all my reports, statements, and estimates and am speaking with a lawyer tomorrow. We will see what he has to say about the situation, if I should sit tight and wait or go to small claims or whatever. All I want is to get my money back. Oh and for the person that suggested contacting the other parties involved to see if they got a settlement check. I have been in contact with them for the last 5 weeks and nobody else has got anything either. The person bedind me only had liability like me and the girl in front of me didnt have enough damage to exceed her deductible so all 3 of us that were hit are waiting.

What bothers me most is the fact that in the last 5 weeks I never once received a call from anybody at Allstate about this. I have never even been called back when I left a message. I had to keep calling until the adjuster picked up the phone to ever talk to him, voicemails were just ignored. Regardless of the fact that insurance companies are there to make money, I would have been a lot happier if I were at least contacted and kept up to date on everything thats been happening. Its mostly the customer service and less the fact that they are refusing to pay that has convinced me to never deal with Allstate again. Well as long as I can help it I guess.

 

I am reading all these post and just laughing my head off. You were stopped at a light and a guy rear ended you. He is 100% at fault. It is his problem with the place that did his brakes. Just get a lawyer. I’m also real sorry that you neck and back hurt so much. I hope it isn’t something serious and affects your work.

Thanks,

Clayton from Las Vegas

 

These are NOT good days to have any corperate conglomerants live up to their responsibilitys and oh my god what the insurance "Industries" are doing in this country right now IS a crime. If that isnt enough then there IS alstates well recorded history It has NEVER been that good! I guess the bottom line is that WE voted for It! (not implying that we had any semblance of a choice)

 

I started with Allstate in 1971 as a Commercial Account Exec. and have been a commercial insurance broker for 35 years until I retired. Hopefully I'll do....


The party who caused the rear-enders is legally liable period. There is nothing for the carrier to determine as far as his liability to you it's statute law. However, if it can be determined there was a faulty brake job the shop could be ultimately liable under their Garage Liability policy. Allstate will most likely end up paying your claim and suing (subrogating) to the garage if they can prove negligence.

The Allstate auto policies basically reads "We will pay on behalf of the insured all sums for which he is legally liable resulting from bodily injury or property damage". They are stalling because they have a weak argument perhaps someone else is legally liable. If they want to play hard ball and think there is a chance they can win in court over the garage you may have to go to your own carrier (oops just read the tread and saw you aren't carring physical damage - scratch this part). This could be ugly.

Want to shake Allstate lose from their head-in-the-sand posture? Here's some ideas (going from easy to hard):

1. Start climbing the ladder and speaking to supervisors piled on more supervisors there. Basically be a squeeky wheel. It's just odd no one is returing your calls? Five weeks is just wrong... I would have been speaking with the President of Allstate four week ago. They must really feel they have a strong case against the repair shop?

2. Have an attorney write them a letter. This actually has a good chance of working and it's cheap. Probably anything under $5K is a nuisance claim and not worth fighting over for them, certainly not litigating.

3. Write your state Insurance Commissioner. They will contact them in less than a week. Not much teeth, but they will at least get you a response.

4. Go after the libility carrier on the car which was pushed into you. Probably weak unless he was moving not siting still with you.

5 Sue their insured. They are obligated to defend. This will definately shake their tree, but it dilutes your recovery unless your damage is under $5K then you can go into small claims court with no lawyers.


Be prepared that Allstate is going to want you to play by the same rules as one of their policy holders. Meaning they will ask you to go to one of their repair facilities, will disallow certain items, and call others upgrades, blah, blah, blah. All of this is a game you don't have to play. You are not one of their policyholders and don't have a contract with them (1st party). You really don't have a "claim" with Allstate at all as this is a third party legal liability - they are obligated to pay you what a judge did, or would, rule to put you back in the same, or better condition you were before the accident plus any inconviences and expenses. Your "claim" is with their insured they are only responding to pay on his behalf.

Never ever bother threating an insurance company it's a waste of time and effort - it is much more productive to just go outside and bang your head against a brick wall. They have full time in-house legal staff so litigation isn't a problem as a matter of fact it really just means the claims adjuster you've been dealing with gets to take your file off their desk.

Good luck.

 

You are correct, you don't have anything to prove (other than your damages) either the garage or the Allstate driver (or percentages of each) will pay you. It Allstate litigates with the garage it could be a protracted affair. You already have a police report & witnesses plus two the other vehicles who will help "prove" liability for you. Here in Calif. it's statute law that no matter what the circumstances, if your ever rear ended it is ALWAYS the fault of the driver behind you.

I think you'll do okay in small claims court especially with the argument that his car was driven for two days after the brake repair, and he drove away from the accident - now that's damning! Don't bring in written statements from anyone the judge probably won't admit them. You mush have your witnesses and the other drivers show up in person. He will allow the police report. Should be a slam dunk if your prepared. You don't need a bunch of estimates... just get one from the shop you want to perform the work.

Allstate or their attornies can't appear in small claims court so only the guy who caused the accident will be asked to show and he may no-show. Even if he shows up and successfully argues bad brakes.... and wins. Still no down side as round two in small claims court will be with the repair garage. Remember the word negligence and liability are married - prove negligence and you establish liability. Even if he claims bad brakes wasn't he negligent in driving on them.... isn't it his burden of proof he had NO PRIOR indication of any kind his brakes were not working correctly? Unless a fluid line suddenly burst I can't imagine a circumstance where brakes 100% fail without warning also as you stated all he had done was front pads... don't all 4 wheels have brakes. Lastly, even if a line suddenly burst how is that a faulty repair... seems to me Allstate should be talking to the manufacturer of the brake line.



I'm the last person in this world to defend insurance companies or call them sweet hearts. However a few other posters have been making unreasonable and immature demands. If one choses not to carry physical damage insurance and not to pay a premium for the coverage... isn't it a bit naive to expect a carrier to wipe your butt when you get into an accident? I'm not saying that is your attitude, but I read it a couple of times here.






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Sultan's Diamond is right. You have everything you need. A Police report, witnesses, etc. Did you take photos at the scene? The person is at fault and all the reasons for it in the world isn't going to change that fact. The insurance company knows this and should take care of the claim. Contact the state insurance board or organization that oversees the practiices of companies in your state. If the person who hit you is insured then the insurance company is supposed to pay. If they say "NO" then you should sue the insurance company as well as the person who hit you. They need to go after the garage, not you. Make sure you document everything possible. That means every phonecall, conversation, etc. Put EVERYTHING IN WRITING: time of call, person spoken to, date, the conversation. It looks like you may end up in small claims, but I would definitely contact your state insurance commissioner that oversees the practices of Insurance companies and file a complaint. Let them know what they are doing is. That might get things moving. Another thing is to contact Consumer Affairs in your County, state, they can give you advice as well. If Geico insured person's policy is in good standing they should take care of business. You should definitely get aggressive, the squeeky wheel does get the grease. You make a lot of noise. I'm sorry for you, this SH_T happens all the time. Good Luck!
By the way, I LOVE THIS FORUM!! People taking time to help one another in their area of expertise for FREE!!!! I love it, all you people are great.

 

It doesn't matter if "his brakes failed" Allstate is the insurer for the driver of the vehicle who caused the accident. The must pay claims against their policy holder. They can then go after the shop that repaired his brakes TWO days prior. I wonder if after the accident he drove straight to the shop where his brakes were done to let them know what happened.

Anyway, if you still get nowhere, small claims court for the damages against the driver as he is the responsible party. He can always turn around and try to sue the shop. That is not your problem.

 

SultansDiamond

 

Sultans Diamond, I agree very sound advice !!! Glad I read this thread ,you can learn something new here everyday !!!

 

I have to step in here on this one. I have Allstate and when I was T boned by a red light runner they went after his insurance co (Progressive) in my behalf and since my car was totaled paid me above market price for my car albeit not what it was worth plus mods. Progressive took 11 months to pay but all insurance companies will play the deny and delay game and it was good to have Allstate on my side. Then there was hurricane damage to our home from Hurricane Jean and they sent out an adjuster within a month which was incredible since hundreds of thousands of homes here were damaged. They were more than fair an did not quibble over any of the damage. Allstate has been very good to me.

 

I asume you had full coverage when the guy T-BONED you ,if so it was ALLSTATES OBLIGATION to represent you and get your car fixed. In this case Nickolbag had liability coverage ONLY. As far as taking care of your Hurricane damage by ALLSTATE I say BRAVO for you that they worked out your claim in a timely manner. I bet you could take a poll with the ALLSTATE IVAN and KATRINA POLICY HOLDERS and get a whole different answer !! I know of people in MISSISSIPPI ,ALABAMA and FLORDIA who got VERY LITTLE to NOTHING for their HOMES and CARS even though they had FULL COVERAGE HOME OWNERS and 100 % REPLACEMENT VALUE on their contents of their homes !!!!!!!!!

 

whiplash can take a few days to start hurting, i think you should see a doctor. pain and suffering pays about 3x the of what the dr bills add up to. this is why i told allstate to take a hike back in '89. AMICA is who i've been with since then and they are great

 

Yes, I did have full coverage and I know Nickolbag did not. I was responding to Biggie Boys comment about Allstate. In regard to Katrina damage the homeowners you are referring to had damage caused by flood damage or storm surge damage i.e. water coming from the ground up not from the ceiling down. My Allstate agent even sent a notice that Insurance companies do don't cover storm surge damage. It is a tragedy for sure that all those people lost so much but that is why the National Flood Insurance program was created many years before Katrina. If you live in an area which could flood for any reason get it. It is fairly cheap.

 

Yep...That is true.
You will have to wait for your deductable and pay for the rental car till they settle though.

 

IMO..........you are "self insured", and unable to perorm your responsibilities as such. You choose this route, and should be prepared to pay the bill or junk the car. Maybe you can quit your job and be the insurance company full time. Why do you people do this crap??

 

I MEAN AFTER ALL IT'S A SATURN FOR GOD'S SAKE

 

I think it's great that everyone here is trying to help this guy out. Too bad he's getting a bunch of worthless incorrect advice!

Point #1: Why do some of you continue telling him to have his insurance company (GEICO) pay for the damage and then go after Allstate? He has said several times he DID NOT HAVE COLLISION COVERAGE! Do you know what that means?

Point #2: No one here, including me, knows all the facts about this accident. You need to play a little role reversal here. Let's say you are driving down the road, come to stopped traffic, hit the brakes and the pedal goes to the floor and you have no brakes . You just had your brakes worked on 2 days ago and up until this instant, everything was working fine. Would you accept responsibility for this accident? I seriously doubt you would. Sudden mechanical failure is a valid defense, provided the driver had no prior knowledge there was a problem. A brake line rupture can happen in seconds with no warning.

In order for Allstate to pay, there HAS TO BE NEGLIGENCE established on the part of their insured driver!!!!!!!!!! We don't know the facts here. I would be very interested in knowing if the investigating officer did in fact check the brakes on this guy's car and whether or not he was charged with defective equipment.

Finally, I will let you in on a little insurance/liability secret. No insurance company is obligated to pay any 3rd party (claimant) ANYTHING, ZIPPY, NADA up to and until such time that a judgement is entered against a person they insure by a judge or jury!

Obviously, most 3rd party accident claims are settled by insurance companies VOLUNTARILY (based on the facts and establishing probable liability) before the need for court action, as litigating every single accident claim would be cost prohibitive.

Like some others have stated, if he chose to save a few bucks and go without collision coverage, this is the price you pay! PERIOD!

Now take the sucker to court and see if you can win! Welcome to the legal system

 

Hey, just had a brain fart...

Does the police report say anything about braking skid marks from the offending vehicle? Suggest you go back to the scene of the accident and look yourself, bring a witness and camera. Since his & Allstate's defense is no brakes... then there shouldn't be any.... unless, of course he was driving a 1963 Pontiac Tempest with posi-traction and indepent rear suspension. There were only two cars made that year that had posi-traction, independent rear suspension and enough power to make those marks... the Corvette (which no one could confuse with a Metallic Mint Green Buick Skylark) and the Pontaic Tempest - sorry got side tracked.

Do you know exactly why he claims his brakes failed. If it was fluid loss he still has the mechanical emergency brake assuming he has allowed the legal following distance & speed to react (hint: I'm making a negligence/liability point here). Remember all you have to do is show a judge negligence and you establish liability.

Since you stated you have the police report.... was he cited for any motor vehicle violations? Even if there is no mention of tire marks perhaps the officer who wrote up the report will remember them. Also he should remember the conversation with the driver of the vehicle. Did he mention brake failure at the time of the accident and if so what did he say about it to the officer.... or, did all this come up latter? Try and talk to the officer and see what he has to say and what his notes he has.

Talk to the owner of the first car that was hit. Ask him if he remembers hearing the squeeling of tires before impact. Tires don't squeel or make marks unless the brakes are working.

I have another idea. Why not just call the guy and tell him you don't want to but are going to have to sue him because Allstate won't pay your damages. Get him talking and hear what he has to say about his brakes and the repair shop. Take written notes so your "recollection of the conversation" is not dependent on memory. Maybe latter you'll be using the notes to jar loose the repair garage or Allstate. Anyway be friendly with him (sorry it happened, thank God no one was hurt... s*it like that) and get him talking - your not in litigation so it's perfectly fine for you two to be talking.

Lastly, a letter to the garage is a "formal written demand" and if he fails to forward it to his insurance he potentially prejudices their rights of first discovery and even voiding his insurance coverage. Remind them of this so he doesn't just sit on it. His policy may be "occurence" form or "claims made" - don't want to go into the reason for mentioning this as they both have stringent rules about not holding onto potential claims and not notifying them - the CM form is just has less tollerance.

So, here's how I would play it from here:

1. Befriend the driver who caused the accident. Start off with something like "Allstate is being a jerk and won't respond, can you help me and do you know why".... Don't mention suing him until the very last and you feel he's ready to be a friendly opponet. Explain he has no down side it's just a way to get Allstate to get into the game. Heck he could even no-show the small claims court appearance if he wants that would be just fine with us.

2. Get your arms around the braking issue

3. Sue him in Small Claims court tell him not to worry as once you have a judgement Allstate is obligated to pay and has no argument other than appeal your judgement to a higher court - for 3 grand it's not worth it!

4. Make formal written demands to Allstate & garage. These are nothing more than letters sent via registered mail.


As things unfold it's never a straight path. Your welcome to keep sending me PM's as things unfold and you need help.


PS. Blowtorch knows what he's talking about he is just more pragmatic in his approach. No harm in that. I just know this thing is winable for you it's just a matter of expiditing how long you have to wait.
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