Allstate Insurance SUCKS!!!

azpyroguy

azpyroguy

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Ok.... heres the scoop.

Dec 27, 2007 @ about 2pm I was rearended by a 16 year old girl driving mommy's jeep liberty. She 3-4 of her friends in the car with her, so I know the situation... they were yacking away and she was not paying attention.

I was stopped in traffic at a light for about 8-10 seconds before this happened... looked in rear view mirror saw her coming, and then turned around and looked her in the eyes for the impact...

She hit me at about 20-25mph, did about $3k in damage to my brand new dually pickup (2007 Ram 3500, Cummins 6.7).

She runs into the solid rear bumper on on the drivers side, damages the tailgate, and breaks the fiberglass fender.

At the scene and to the cop we both agreed that she was at fault, she was finally cited by the police for "FAILURE TO MAINTAIN SPEED and TO AVOID A COLLISION"

I suffered lower back injuries, from the hefty bump, and have been seeing a doctor sense then... as well as a X-ray and MRI, which showed some damage to my L3 and L4 discs.

The investigators said that my truck suffered little damage because of the speed she was going, and thats why I was injured, had she been going faster the truck would have taken the impact, and I would have been spared...

Now here is where it gets interesting...

She has now sense changed her story 3 times, the location of the accident at least 2 times... now claims that I cut her off, which as you can see in the pictures below of the area is impossible. Had I cut her off she would have hit me on the right side.

She then claims that I was in the turn lane... there are no separate turn lane (except for the left hand one). My lane is a straight lane, and turn lane all in one.. see images.

Now keeping mind, I was STOPPED, she REARENDED ME, and SHE WAS CITED FOR THE ACCIDENT.

ALLSTATE now is trying to weasel there way out of this... claiming that she was only 25% responsible for the accident.... THAT IS PHYSICALLY IMPOSSIBLE, and ASSANINE of them to even try to say that.

2 months after the incident there were pieces of my truck found withing 30 feet of the incidents location!!!!

I have since (in early Jan) hired a pit bull attorney group on the injury side and now have also started looking for a attorney to represent me on the property damage side.

I have over $8k in medical bills as is... and $3k in damages to a truck that only had about 1500 miles on it...

I have since told my attorney to unload the guns on them... and take them to court for a full jury trial....

ALLSTATE IS NOTHING BUT A BUNCH OF WEASELS TRYING TO NOT PAY FOR A CLAIM, AND DELAY ME GETTING MY TRUCK FIXED....

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haha...Scott good to see you have not given up!

But thats what companies do, drag it out
 
All insurance companies suck when it's time for them to pay out.

The issue is that they have all these damn lawyers just sitting there and they need to have work for them. This way they will spend $100,000.00 in lawyer fees to save $10,000.00. It's just the way they work.
 
stupid bitch
 
I had allstate awhile ago. They raised my insurance for no apparent reason .......well because of "STATISTICS". I have now been with Nationwide for 12 years and have not had any problems at all. Good Luck with this i hope it all works out
 
In my opinion as a police officer, and after looking at your photos i can say you are getting screwed for sure....No way were you at fault in any way. And that investigator sounds like a crackpot too...getting hit harder doesnt spare you from injuries...I was hit in my 2003 Jeep Grand Cherokee while standing still...The girl who creamed me was doing 65, looking at the stereo. The hit was so hard i ended up in the backseat after the SEAT BROKE FREE from the floor!!! I still hurt. I wish you luck with your case, i'm confident you'll win in the end.

Oh, and im an accident reconstruction officer so if you have any question, shoot.
 
I agree with FastSRT19 one of our forums LEO's. Even to a layman it is obvious that it was her fault. Someone should fire or investigate that idiot insurance investigator. He/she must be getting some good something from the Girl that hit you..
 
if your laywer is worth his salt you should be ok. i always go to my agent when i have trouble. they really hate loosing comissions around here. plus its a small town and there reputation means alot. every one knows everyone here. dont know it its that way where you are.
 
Is this your insurance company or hers? If it is hers, file the claim(s) through your company, recoup your losses, and get the truck fixed and let your company lawyers fight it out with her's. You will probably have to pay out your collision deductible, which you should get back after the claim is settled and your company is reimbursed.
 
Oh and what is the disposition of her summons? If she has not gone to court yet make sure you show up on the court date...you can tell the judge how you feel about the whole situation and get it on the record. And dont let her (and/or her lawyer) get a "Civil Reservation" which seals the outcome of her case in traffic court so you will be unable to use it in your Civil lawsuit. You want an "Open Resolution" which will allow you to use the transcripts from traffic court in your lawsuit.
 
I was not allowed to goto her hearing, but I was able to express my concerns to the officer, the lietenant in charge of the officer, and the chief of police who said that they would make sure that my concerns were properly represented in her hearing.

I have just made a request to the PD to find out what the outcome was, as I searched all the local court docket websites and could not find (I am probably looking in the wrong place).

Scott.


FastSRT19 said:
Oh and what is the disposition of her summons? If she has not gone to court yet make sure you show up on the court date...you can tell the judge how you feel about the whole situation and get it on the record. And dont let her (and/or her lawyer) get a "Civil Reservation" which seals the outcome of her case in traffic court so you will be unable to use it in your Civil lawsuit. You want an "Open Resolution" which will allow you to use the transcripts from traffic court in your lawsuit.
Click to expand...
 
I am fairly confident that I will prevail in the case.... the facts are simply un-deniable... not to mention is VERY hard to weasel a way out of a rear end collision.

I would love to hear your thoughts on this being an accident reconstruction officer. Would you have some time to talk this out via email or phone. I will PM you my email address.

Scott.

FastSRT19 said:
In my opinion as a police officer, and after looking at your photos i can say you are getting screwed for sure....No way were you at fault in any way. And that investigator sounds like a crackpot too...getting hit harder doesnt spare you from injuries...I was hit in my 2003 Jeep Grand Cherokee while standing still...The girl who creamed me was doing 65, looking at the stereo. The hit was so hard i ended up in the backseat after the SEAT BROKE FREE from the floor!!! I still hurt. I wish you luck with your case, i'm confident you'll win in the end.

Oh, and im an accident reconstruction officer so if you have any question, shoot.
Click to expand...
 
FastSRT19 said:
Oh and what is the disposition of her summons? If she has not gone to court yet make sure you show up on the court date...you can tell the judge how you feel about the whole situation and get it on the record. And dont let her (and/or her lawyer) get a "Civil Reservation" which seals the outcome of her case in traffic court so you will be unable to use it in your Civil lawsuit. You want an "Open Resolution" which will allow you to use the transcripts from traffic court in your lawsuit.
Click to expand...

Update, I just got an email back from our Police Chief, he advised me that the driver (the 16y/o) was found guilty of the traffic violation.

Arizona Revised Statutes : 28-701A.

28-701. Reasonable and prudent speed; prima facie evidence; exceptions
A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.
 
I am confused, is Allstate her insurance refusing to pay or is it yours?

In Ohio her insurance would be responsilbe, and if they failed to pay or it drags out my insurance would pay, then go after the other insureance company, no need for my time or my lawyers to go after them.
 
94rt10ohio said:
I am confused, is Allstate her insurance refusing to pay or is it yours?

In Ohio her insurance would be responsilbe, and if they failed to pay or it drags out my insurance would pay, then go after the other insureance company, no need for my time or my lawyers to go after them.
Click to expand...

Allstate is her insurance.

My insurance company (Farmers), is having contention on paying the claim because she has been found guilty of the situation.
 
First off, Scott I hope this works out in your favor, which I have every confidence that it will.

Second, this whole thing puts me in friggin orbit. When I was a kid when we screwed up we had no choice but to own up to it and take our medcine, or face a pissed off old man that was gonna beat you with a belt. Nowadays we teach our brats that you try everything in the world to get out of taking responsibility and to game the system to your advantage even if it means lying your ass off. This is what's wrong with society (at least one of the many things) we just don't teach our kids the right values any more...what a shame.
 
Texas Yellow Fever said:
First off, Scott I hope this works out in your favor, which I have every confidence that it will.

Second, this whole thing puts me in friggin orbit. When I was a kid when we screwed up we had no choice but to own up to it and take our medcine, or face a pissed off old man that was gonna beat you with a belt. Nowadays we teach our brats that you try everything in the world to get out of taking responsibility and to game the system to your advantage even if it means lying your ass off. This is what's wrong with society (at least one of the many things) we just don't teach our kids the right values any more...what a shame.
Click to expand...


Thats exactly how I was brought up... you screwed up you paid for it, one way or another.... and it was ALLWAYS better if you admitted upfront your wrongdoings.
 
Scott,

Get a good lawyer and sue the hell out of her and the insurance company. A good lawyer will have a hay day with this!!:dontknow:

Good Luck!!
 
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