I was hit by a Allstate insured drive 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 appear to be an open and shut case due to the fact that I was traveling at a legal speed on the main street and the other drive failed to make sure he had clear path before making a left out of a parking lot. Not so.
The high school student whom flagged the drive out into traffic made a false statement as a witness and i ended up being sited for the accident.
My insurance company did an investigation and determined that the Allstate driver was 100% at fault, The allstate drive admited that the accident was his fault (to his Allstate Rep.). Allstate even sent me a check for the damages to my car and for the rental car but i didn't cash the check 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 5 months pregnant at the time and wanted to make sure no harm was done to the baby prior to settling. When I called Allstate to question why this was noted on the check they told me they were canceling the check that shouldn't have been printed on the check.
In the mean time. They had found out that i was cited they decided to reopen the investigation.
Bottom line is they canceled the check based on the fact that i was cited. I called several times to check on the claim and they finally closed the claim and never paid for any of the damages caused by their client. Even after they admited that their client was at fault per a phone conversation i had with the allstate rep..
The citation was just dismissed in court, I am in the process of taking action against allstate to recover monies due to me for losses suffered from the accident. To my knowledge it is illegal in the state of DE to not pay on a claim based on wether or not a person is cited.
0 comments