I was hit by an Allstate insured driver, and Allstate refuses to pay the claim.
I was traveling on the main street, and the Allstate client was turning left out of a liquor store. It appeared to be an open-and-shut case because I was traveling at a legal speed on the main street and the other driver failed to make sure he had a clear path before turning left out of a parking lot. Not so.
The high school student who flagged the driver out into traffic made a false statement as a witness, and I ended up being cited for the accident.
My insurance company did an investigation and determined that the Allstate driver was 100% at fault. The Allstate driver admitted to his Allstate representative that the accident was his fault. Allstate even sent me a check for the damages to my car and for the rental car, but I did not cash it because of the disclaimer on the check: "in payment of final settlement for any and all claims arising from bodily injury caused by the accident." The check was supposed to be for auto damage, not medical expenses. I was five months pregnant at the time and wanted to make sure no harm was done to the baby before settling. When I called Allstate to ask why this was noted on the check, they told me they were canceling the check because that should not have been printed on it.
In the meantime, they found out that I had been cited and decided to reopen the investigation. Bottom line, they canceled the check because I was cited. I called several times to check on the claim, and they finally closed it and never paid for any of the damages caused by their client, even after the Allstate representative admitted in a phone conversation with me that their client was at fault.
The citation was just dismissed in court. I am in the process of taking action against Allstate to recover the money due to me for the losses I suffered from the accident. To my knowledge, it is illegal in the state of DE not to pay on a claim based on whether or not a person is cited.
0 comments