Allstate Insurance Claim Payment Dodging Ripoff Arbitration Board corruption
My vehicle driven by a friend of my daughters was involved in an auto accident in Arizona. An investigation was done at the time of the accident by the Phoenix Police Department. At the time of the accident, the driver of the vehicle which hit my car was cited. The citation was #28-774 which was Failure to Yield the Right of Way. This driver was exiting a private driveway into incomming traffic and did not see my vehicle in the left turn lane making a left hand turn.
Damage to my vehicle was estimated at $2400 by an independent Toyota dealer.
I worked with Allstate for many months to cover the damage to my vehicle (from date of accident 11/16/99 to 06/14/00). They would not settle the claim as they disputed who was at fault in the accident and was taking the claim to arbitration. Finally, on 06/14/00; I received a letter that stated the driver of my vehicle was 70% at fault and therefore Allstate would not be covering the damage.
At the time, I did not have collision on this vehicle through my insurance carrier, Nationwide. Therefore, they were not too interested in fighting the arbitration since there was no vested interest. So when the claim went to arbitration, I feel my case was not represented at all and Allstate had the winning hand from the beginning.
Question I need answered is: How can the driver of the other vehicle be issued a citation by the investigating officer (an "on the scene" dutifully sworn-in officer of the law) and found guilty of not providing right of way but then later determined by an "arbitration" board (not at the scene of the accident) and mainly represented by Allstate find that my vehicle's driver was 70% at fault?
I want to know what representation I had at the Arbitration Board Hearing? What evidence was presented on my behalf? How could the fault be totally opposite what the on-site officer saw?
I feel Allstate had the upper hand during the arbitration since I had NO representation in this matter.
Therefore, since the Arbitration Board sided with Allstate; I am out of $2400 and Allstate gets off FREE! THIS IS NOT FAIR!
Allstate Claim 2246679373
Danny
Gainesville, GA
5 Updates & Rebuttals
Sarahbhardy
Miami,Florida,
U.S.A.
Involve the State Insurance Commissioner's Office
#6Consumer Suggestion
Wed, March 12, 2003
Your insurance company is interpreting their obligations to you according to the contract that exists. It goes without saying that dishonest men steal and honest men justify.
Many times there is an argument of form versus substance in settling a claim. You have insurance to protect you from financial hardship. The insurance company, in form, has certain absolute obligations to you. However, substantively, they also must uphold the "spirit" of an agreement with you. After all, you paid your premiums and they lead you to believe that they were "good neighbors" or "a piece of the roc" or "a little green lizzard"...
If something is just not right about what they are doing, challenge them and, by all means, involve the state. The insurance industry is highly regulated. The state keeps count of how many complaints are filed.
If your state's insurance commissioner is not tough enough, make sure you vote in a better one. Your insurance company may be large, but the collective voice of your state can be very loud.
Good luck with your claim.
Steven
Phoenix,Colorado,
U.S.A.
Fault or no-fault: the same thing for Allstate
#6Consumer Comment
Thu, January 16, 2003
I almost got killed by a unregistered gravel-dumpster with broken brakes and broken steering, driven by a drunken driver well-known by the police because of numerous citations.
That was 3 years ago. Now I requested a quote from Allstate for car insurance. It came up with $ 137,- for 6 months. When I called them to accept that offer they told me: we are sorry: you had a "no-fault" accident in 1999, that changes the premium a little bit. The new offer was about 70% higher. Their justification: Fault or no-fault does not matter. What matters is that you made a claim.
Elizabeth
Phoenix,Arizona,
You can get your damage paid for by the responsible party.
#6Consumer Suggestion
Wed, November 13, 2002
I worked in the auto industry for several years on both the insurance side & finance side and saw many insurance claims denied to the dismay of all involved parties.
You haven't mentioned whether or not the driver of your vehicle was ticketed. Often there is an assumption that a left turn is unsafe & therefore the driver attempting that is at least partly at fault.
Also if the driver of your vehicle was not licensed or under the influence that might make a difference. At this point your remedy may only be to sue in small claims court the person who drove your vehicle and the person who drove the other car.
The judge would then assign a percentage of fault to each involved party. As long as you did not allow an unlicensed or drunk driver to operate your vehicle your percentage should be zero, and the two people actually driving should be responsible for 100% of the damage collectively. The other driver if ordered by the court to be responsible for some or all of the damage would then have to sue their insurance company to recoup their losses.
Although, if you are unwilling to sue anyone then you are stuck. If you win you can recoup your court cost with the judgement. As for the police, if the ticket was dismissed in court it is inadmissable in arbitration decisions. Good Luck
Cindy
Phoenix,Arizona,
Same thing happened to me.
#6Consumer Comment
Fri, August 09, 2002
I had a similar experience when I was rear-ended by a school teacher two years ago. She hit me so hard I was under the truck in front of me. She totaled my car. I had no collision but wasn't worried because she admitted hitting me to the officer who responded.
She was cited with a failure to control her vehicle. We went before an arbitraitor and she completely changed her story with she had a memory relapse and couldn't remember hitting me. She had an excellent lawyer I didn't and she won.
I am still in shock and I have a judgement I owe to her and her lawyer for almost two thousand dollars. I believe there is no justice anymore anywhere but Phoenix is one of the worse places for corruption with lawyers and companies and government officals.
Brandon
Gilbert,Arizona,
All insurance companies are the same!
#6Consumer Comment
Wed, April 17, 2002
What ALlstate is doing is nothing more than what ALL insurance companies do. You pay them hundreds of dollars a year to insure you in case of an accident, and then, when you need to make a claim, they do anything in their power to deny that claim. I am currently going through an accident right now. A lady rear-ended me at 35 miles per hour while I was completely stopped. Her insurance company is doing the same thing, trying anything to not pay. I had to get an attorney. So, it doesn't matter who the insurance carrier is, they all will do the same things.