Allstate Insurnace Refuses to pay claim for auto accident that is clearly their insured fault. Mesa Arizona
On Dec 27, 2007 I was involved in a auto accident.
I was rearended by a 16 year old female driving her parents vehicle. I was stopped in traffic at a traffic light for about 8-10 seconds, when I saw the other driver approaching me at about 20-25mph with no intentions of stopping, I turned and looked her in the eyes at the time of the impact.
She was cited for being the cause of the accident, and subsequently went to court and was also found responsible in traffic court.
Since then she has changed her story at least 3 times, and her parents refused to allow her to the authorities, and her insurance company about the accident.
My back was injured in the accident, and my truck sustained about $3k in damages along with about $3500 in diminished value (proof from an appraiser), because it was brand new with only about 1700 miles on the it when she hit me.
I have also racked up about $10k in medical expenses, have been the chiropractor at least 22 times, had X-ray, and an MRI, and have been through 8 sessions of Physical Therapy, and was found to have some damages in my L3/L4 discs.
Even after all these treatments my back pains refuses to go away, thought it has lessened, but its still there and my daily activities have been limited, and with my recreational activities. Additionally my endurance levels are limited, and I tire easily because the pain gets to bad to continue doing what I was doing.
Allstate has done everything in their power to delay the settlement of the claim, and we are at over 4 months now, going as far as making a total insult and saying their insured is only 25% responsible.. keeping in mind, I was stopped in traffic, she was cited, and found responsible in court.
I was forced to retain an attorney for the medical/injury side, and now am having to get another attorney for the property damages.
My vehicle is still not fixed today.
Scott
Surprise, Arizona
U.S.A.
3 Updates & Rebuttals
Scott
Surprise,Arizona,
USA
The Saga Continues.....
#4Author of original report
Sat, February 11, 2012
In October of 2011, I finally had my day in jury court against AllState Insurance and the teenager that hit me.
Here it is 4 years after the accident, she is now 19. Now has 2 kids, and unwed. The absolute poster-child of irresponsibility.
So, during the trial, AllState brings in this high paid "gun" of a doctor to try and destroy my case, they paid him $5,000 for less than 1 hour of his time in this trial.
Keep in mind during this trial NEITHER SIDE WAS PERMITTED TO MENTION THE WORD INSURANCE!!!!!!! OR ALLSTATE which made things really hard to try and describe to the jury only confusing them even more.
They lied about what happened, the teenager ALSO openly admitted that she was at fault for hitting me, and it occurred EXACTLY how I said it happened....
How this did not cause a mistrial mystifies me....
So the day goes on, and we continue of statements on both sides, finally getting down to the closing arguments. By this time the jury is so confused by the mistatement of facts made by All States attorney which consistently conflicted with our statements their eyes are glossed over.
It finally comes time for the jury to give their verdict, and after 45 minutes in the jury room, they come out, and they SIDED WITH HER!!!!! I LOST....
Keep in mind... she was 15, no license, rear ended me, was carrying minor passengers, got the ticket, was found guilty of the accident by failing to control her vehicle, etc.. and I still lost....
4 years of my life were lost...
So now what... not much I can do...
I have decided to let the world know just how AllState operates.
I am going to write a non-fiction book on how this operates, and hope that I can pick up a publisher that will publish it.
It will be titled: All-State Insurance - Your Friend, or Foe, One Mans 4 year battle with the insurance giant.
So maybe sometime down the road, look for this entire story in detail to be on the shelves of a local book store... it will have all the tricks and things insurance companies do to avoid paying for a accident even though their insured is at fault...
Scott
Surprise,Arizona,
U.S.A.
The Game is on....
#4
Wed, September 09, 2009
Some new information on this:
The girl that ran into me was only 15 years old, only had a learners permit, and was illegally carrying minor passengers with her permit.
The truck is more damaged than we originally thought, it actually has over $4k in damages, and probably more that is hidden.
After finding out that she was cited and found responsible for her actions, they appealed the fine, and lost the appeal in Dec of 2008.
It was also found that my phone transmitted the GPS coordinates to the 911 call center of the accident location.
So, the game is offically on... I filed suit on her, her parents (they are supporting this activity), and Allstate.
Allstate filed a motion to dismiss themselves, which I immediatley countered and moved the court to deny their request, as they are integral to the way this case has been handled, and wrongfully denied depite all the proof of their insureds fault.
The girl and family were also served, and what a game that was... after having a PI spend 3 weeks locating them through postal office and MVD records, we found them....when they were confronted they refused to provide their identity and the process server was forced to use MVD, DOT records, and video of the mother from a court hearing to positively ID her.
So its now nearing 21 months since the accident occured, my injuries are now permanent, and I am still driving a wrecked vehicle....
Scott
Surprise,Arizona,
U.S.A.
Update on this accident case.
#4Author of original report
Tue, March 10, 2009
So here it is nearly 14 months after the accident. I have over $15k in medical bills, and chronic back pain ever since the accident.
The girl that hit me has arbitrairily changed the location accident to about 300 feet west, even though we have proof that it occured elsewhere.
- 911 Recording stating the location.
- Piece of my truck found exactly where the accident occured (not where she state) (we have pics of this)
- Her admitting in court that she was following to close.
- 2 different courts ruling that she is at fault.
- GPS Coordinates being researched by the 911 staff that my phone sent when I made the call.
All this.. and Allstate continues to deny the claims that their minor driver is not at fault.... go figure.