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Below we will cover valuable tips and secrets Allstate adjusters don’t want you to know in order to get the most out of your bodily injury settlement, including answers to frequently asked questions regarding Allstate car accident settlements. Also, we will cover actual Allstate settlements, some of which are from our own clients’ cases.
Overview of Allstate Claims
Allstate is one of the largest insurance companies, ranked fifth largest insurance company in the United States (by direct premiums written). We’ve all seen their ads attempting to convince consumers that they’re in good hands if they ever buy a policy with Allstate. But nothing could be further from the truth.
Allstate’s Boxing Gloves
Allstate along with State Farm overhauled the handling of auto insurance claims with their internal company philosophy of the three D’s—DELAY, DENY, DEFEND. They would delay and deny paying on valid claims, as well as battle, putting on their “boxing gloves” on its “good hands” for those that insisted on going to court against them.
CNN led an 18-month investigation where it was found that Allstate (along with State Farm) employed a hardball scheme in minor-crash claims. The plan was to employ the three-D’s, including convincing juries that these claims were fraudulent, as well as treating claimants unfairly.
CNN obtained documents in this investigation highlighting that this scheme was not actually to crack down on fraudulent claims but was purely for profit.
Fighting Back Against Allstate
Don’t let Allstate’s Delay, Deny, Defend strategy intimidate you into settling for little to nothing. Following the 10 tips below will assist in providing you with a fighting chance against Allstate’s unfair claims strategy.
1. Do Not Admit Fault
The stress of an auto accident gives rise to a variety of mental, emotional, and physical responses, including an adrenaline rush, anxiety, and a feeling of disorientation. After an accident, you may not be in your best state of mind, but you should do your best to not admit fault. Now is not the time to say, “I’m sorry.”
The fact is things often happen so fast that it’s initially difficult to really know who or what caused an accident. As the dust settles, things may become clearer. Keep your communication with the other party to a minimum. You may ask them if they’re alright or need help.
If you decide to talk to either the other party’s insurance company or your own without consulting a lawyer, keep your conversation brief. Write down exactly what you’re going to say before you even dial the insurance company’s number.
You should only discuss facts and not presume anything. The better thing to do is not talk to the insurance company at all. Wait until you at least talk to a lawyer. The initial contact with an insurance company can be devastating to your case.
Also, absolutely NEVER give the other party’s insurance company a recorded statement!
2. Immediately Seek Medical Treatment
Going to the emergency room by ambulance is the best thing you can do to legitimize your case before Allstate or any insurance company. This shows that you were, in fact, injured, since most folks will not go through all the trouble of being transported by EMS to the emergency room. Of course, make sure you aren’t just doing so in order to get more money out of your case.
If you didn’t make it to the emergency room for some reason from the scene of the accident and some time has passed, don’t worry. If you feel the need to go to the hospital or urgent care a day or a week after your accident, you can still go. But make sure you at least see some medical provider as soon as possible to document your injuries and to establish that they are related to the accident. This can be your primary care physician, nurse practitioner, or chiropractor.
If you haven’t been seen by any doctor and some time has passed, you can still go. But make sure you have a good reason for why you didn’t go and don’t let too much time pass. If a month or more has passed since the accident and you only have soft tissue injuries, you will most likely have a difficult time proving to Allstate your injuries are related to the accident. Also, Allstate will bring up the defense of failure to mitigate your damages. Failing to mitigate your damages means you just sat and let your injuries persist or get worse. Remember—the defendant isn’t responsible for damages (i.e., injuries) that you could have prevented.
You should also make sure you receive consistent medical treatment. If you have muscle strains and sprains, you should be evaluated by a chiropractor and follow their treatment plan, even if you’ve already been seen by a doctor. It’s important that you go consistently and don’t miss appointments. These gaps will give Allstate a reason to not pay for some of your medical treatment and will delegitimize your injuries and your case.
3. Know How to Calculate Your Damages
First you should know what types of damages are available for your case against Allstate. Next, you should know how to calculate your damages.
Your damages are the legally recognizable losses that are recoverable in an auto accident. You need to prove these in order to recover any money from Allstate. They include:
Medical Expenses
You may recover your past and future medical expenses that were reasonable and necessary and were caused by the accident. This includes your ambulance bill, emergency room bill, pain medication costs, or any other related medical expenses in the past or future.
The future medical expenses need to be necessary medical care reasonably probable to be incurred in the future. Your treating doctor or a medical expert can provide an estimate of what this will be in the future.
Lost Wages / Loss of Earning Capacity
If you miss work as a result of your injuries, you are entitled to lost wages even if you used your sick or vacation time. You calculate your lost wages by taking the amount of time you lost at work multiplied by your hourly pay.
Loss of earning capacity is the income an injured person could have earned if they were not injured. In order to prove loss of earning capacity, you usually have to prove the existence of an impairment, the amount of the loss, and that the impairment was caused by the accident.
Physical Pain & Suffering
Compensation is available for past and future physical pain and suffering from the injuries sustained in an auto accident. This is the physical manifestation of pain that is caused by the injuries.
Mental Anguish / Emotional Distress
An injured party is entitled to past and future mental anguish or emotional distress compensation. This is the mental component that a physical injury has on an injured party. Proving mental anguish involves demonstrating that the injury has substantially disrupted the injured party’s daily routine or has caused a high degree of mental pain.
Physical Impairment
Past and future physical impairment compensates the injured party for the loss of the ability to perform physical activities that they had been able to do before the accident.
Disfigurement
You are entitled to compensation for your permanent scarring from your injuries. This can include scars from cuts, burns, surgical scars, or amputations.
Loss of Enjoyment of Life
Past and future loss of enjoyment of life compensates the injured party for the mental impact that the loss of the ability to perform physical activities has had on them.
Loss of Consortium
Loss of consortium is a claim that piggybacks on the injured party’s claim and belongs to either their spouse or children. This compensates the injured party’s spouse or children for the loss of love, care, affection, and companionship that is suffered by them.
Calculating Your Case Value
Calculating your damages can get tricky pretty quickly. But here’s a quick way to get a general estimate of your case value. Please note that there are several factors involved in calculating your case value. This is only a starting point.
First, add up all your medical bills that were either paid by you or your health insurance plan or that are still outstanding. Next, add all your lost wages. Then, add a reasonable amount to this for your pain and suffering, mental anguish, and any other type of damages you’ve suffered. This number will be the full value of your case. You may need to adjust this number on several factors such as comparative fault. Here is an example to illustrate:
Case Value Calculation Example:
Paula Plaintiff has $10,000 in out-of-pocket medical expenses that she paid for her injuries related to her accident she had that was caused by Dan Defendant. Her health insurance company also paid $2,000 for related medical treatment. Paula’s total medical damages are $12,000.
Paula also missed 80 hours of work at her job where she makes $25.00 per hour. Therefore, her total lost wages are $2,000.
Paula has suffered with pain in her neck and back from the time of the accident up until recently, a total of thirty days. She feels her pain was constant throughout the day, as if it were a full-time job. Therefore, she places a value on her pain equal to the pay she receives from her job—$25 per hour. Her pain affects her when she is on her feet during the day, which is eight hours per day. So, $25 x 8 hours x 30 days equals $6,000. $6,000 is the amount Paul thinks is fair compensation for her pain and suffering.
Now, for Paula’s full case value we add her medical damages, $12,000, plus her total lost wages, $2,000, plus her pain and suffering, $6,000. For a total of $20,000 in total damages.
If Paula was 50% at fault for the accident, her total damages would be reduced by the amount of her fault. So, her total case value would be $10,000.
4. Make Sure You’re Getting Fully Compensated
What do I mean when I say make sure you’re getting fully compensated for your accident with Allstate? I mean that you need to make sure you aren’t leaving any money on the table. You should be getting full value for both your bodily injury claim and property damage claim.
Bodily Injury Claim
For your bodily injury claim, make sure you follow the tips here, as well as those discussed here in this writing.
The most important tips for getting fully compensated in your bodily injury case is to make sure you do not settle your case prematurely. Allstate will try to offer you a “nuisance” offer of anywhere from $1,000 to $2,500 and they may even agree to pay for some of your medical treatment. DO NOT take this offer. If they are offering to pay anything for your bodily injury claim, they most certainly will pay more if your case is handled correctly.
Just as discussed in Tip #2 make sure you’re getting medical treatment as soon as possible. This medical treatment should be reasonable and necessary. This means that it shouldn’t be excessive given the facts.
Important Note: Your condition should be stabilized before you think about settling your case because once you settle your case, you can’t go back and ask Allstate for more money for further medical treatment.
Property Damage Claim
If your car is repairable, take it to a shop of your choice. If it’s determined to be totaled, make sure Allstate is offering you the actual cash value. Their valuation report will have a set of comparable vehicles in your area and will have adjustments based on the differences between your vehicle and the comparables. Make sure the comparables are actually comparable and not just cherry-picked. You can do your own research on Kelly Blue Book and other sites to see what the value range is. Also, make sure there are no errors in the list of options, mileage, or condition of your vehicle.
If your car was repairable and it’s relatively new with low mileage, ask for diminished value compensation. This will compensate you for the loss of value that occurs when a vehicle is damaged and repaired. You may need to get an appraisal report to prove the loss in value.
If Allstate didn’t provide you with a rental car, ask for loss of use for the time you were without your vehicle. You are entitled to the reasonable rental rate of your vehicle for the time you were without it.
5. Know How Colossus Works
Colossus is claims adjusting software first used by Allstate in the 1990’s. Allstate was the first to use claims adjusting software on a wide-range basis mostly for soft tissue injury (e.g., whiplash) cases. They did this in order to save on paying full value for these types of claims that they felt were frivolous.
Colossus takes away the human element in calculating the pain and suffering component of an injury claim. Instead, it utilizes an algorithm that was intended to streamline the claims process. The result were severely undervalued claims and a myriad of lawsuits being filed.
Colossus is just one of the tools that is used by Allstate to minimize how much they pay on each claim. It uses 720 different diagnoses factors as well as 12,500 other factors that help calculate the pain and suffering portion of a settlement. Colossus also factors into the settlement calculation which county the accident occurred in and what other similar cases have settled for in the area.
Another tool Allstate and other insurance companies use is Mitchell Decision Point. This software will help to analyze whether the medical bills that are submitted by the claimant are reasonable.
With both combined, this software used by Allstate effectively reduces the amount of money they are willing to pay you for your case.
So, what can be done?
First, talk to a lawyer about your case, even if you don’t decide to hire one. A car accident lawyer will know how to present your case the best way possible to get full value.
Second, use the tips here to your advantage to overcome Colossus.
Third, ask the adjuster for a breakdown of what they are considering in their offer to you; how much are they reimbursing you for each medical bill and how much are they paying you for general damages (i.e., pain and suffering).
Fourth, if Allstate still isn’t offering you a fair amount for your case, ask to talk to a supervisor to get a second set of eyes on your file. A supervisor may be able to put more money on your case.
Fifth, file a lawsuit. If you can’t get resolution on your case against Allstate, filing a lawsuit may be the only way to do it. However, litigation is very complex, and I do not recommend you handling your case on your own at this point. You’ll need the expertise of a lawyer here.
6. Know the Buzzwords
Allstate adjusters will look for certain buzzwords in your medical records and any written demands you send them. These buzzwords are qualitative (soft) factors entered into Colossus that Allstate adjusters use to add additional value to a claim. Some of these buzzwords that are value drivers are:
Limited Range of Motion
Having a limited range of motion signals to Allstate that your injuries may be more serious than just muscle sprains or strains. It may mean that you have a permanent impairment. Insurance companies typically take any claims of permanent impairment seriously. They would rather pay their policy limits now than to have to pay an excess verdict further down the road by underestimating a claimant’s injuries.
Muscle Spasms
Muscle spasms can be extremely painful. The inherent painful nature of muscle spasms adds to the pain and suffering component of your claim and to the overall value to your case.
Headaches
The root cause of persistent headaches after an accident can be many, from a concussion to a pinched nerve in your neck. In any case, chronic headaches can be debilitating. It’s clear the impact they can have on a claimant’s quality of life.
Radiating Pain / Numbness / Weakness
When a claimant is suffering from radiating pain/numbness/weakness, it’s usually a sign that the injuries are more severe than just muscle sprains or strains. These are what are called neurological symptoms. Many times, they are caused by either a bulging or herniated disc that is pressing on a nerve root or the spinal cord in the back or neck. Chiropractic treatment or physical therapy often isn’t enough. More invasive treatment is typically needed, such as a nerve block, epidural steroid injection, or even surgery.
Blurred Vision
Blurred vision is another sign of something that may be more serious such as a concussion or traumatic brain injury.
Anxiety
Anxiety is a common symptom after an auto accident. No one is expecting to get into an auto accident, and this definitely catches us off guard. The rush of adrenaline from our sympathetic nervous system adds to this. The stress that the actual event causes, coupled with the injury compounds the mental impact an auto accident can have on a human being. Sometimes the lasting effects that an auto accident can have on a person’s psyche is devastating. Allstate recognizes this fact.
Pain Medication
Being prescribed pain medication and muscle relaxers is evidence that you are in fact in pain. Allstate knows that if someone can deal with the often adverse side effects of pain medication, they must be in pain.
7. Avoid Allstate’s Low-Ball Offer
Allstate will do its best to avoid paying full value for a case using their three-D’s strategy. A common practice is to try to get you to settle before you have a chance to know what’s going on with your case.
A low-level adjuster will call you to attempt to settle your case before you talk to a lawyer. They usually will offer you something like $1,000 and will agree to pay for some of your initial medical treatment. DO NOT accept this offer. In fact, do not talk to the adjuster until you have discussed your case with a lawyer. Auto accident attorneys always give free consultations and you won’t be obligated to sign up with them.
8. Use Your No-Fault Insurance
What is no-fault insurance? Well, it’s additional auto insurance coverage that pays your medical bills and sometimes lost wages and other damages in some cases. To use this coverage, it doesn’t matter who is at fault in the accident. So, you can be 100% at fault for an accident and still use this coverage.
No-fault insurance is available in most states and in some states it’s actually required. If it’s not required, it’s always a good idea to purchase some from your own auto insurance carrier to help pay for your damages when you’ve been injured in an auto accident.
Having this extra compensation available can help when you’re dealing with Allstate in attempting to settle your case. If you end up settling your case against Allstate but it is not enough to fully compensate you for your injuries, no-fault insurance can help contribute to the settlement deficiency.
Many times, folks do not even know if they purchased this coverage since the insurance buying experience ends up being a blur. But it’s important to review your declarations page which will provide a summary of your coverage.
Arizona Medical Payments
In Arizona, Medical Payments (Med Pay) coverage provides coverage for necessary and reasonable medical and funeral expenses as a result of an auto accident. Coverage starts at $1,000 per covered person per accident and more can be purchased.
Arizona Med Pay will cover the named insured on the policy, the named insured’s spouse, the named insured’s resident relatives, and any person using the vehicle covered under the named insured’s policy.
Important Note: According to A.R.S. 20-259.01, when your insurance company makes a payment under the Med Pay coverage of your insurance policy, they may have a lien against any amount in excess of $5,000 that is paid to or on behalf of you under the medical payments coverage of the policy for that accident. But your insurer must compromise the lien in a fair and equitable manner. This means you can negotiate any amount that’s above $5,000 that they paid and sometimes even get them to waive it.
For example, if you have $7,500 in Arizona Med Pay with your insurance company that was paid to you for your accident and you settled your case with Allstate, your insurance company would have a lien of $2,500, which is the amount above the $5,000 that is not subject to the lien. You can then try to negotiate this $2,500 lien down with your insurance company.
California Medical Payments
In California, Med Pay coverage is similar to Arizona Med Pay. Coverage typically ranges from $1,000 to $10,000 but more coverage can be purchased.
Most policies have a reimbursement provision where your insurer will be entitled to recover what they paid from the settlement from the at-fault party.
Arguments can be made under California law where the insurer must reduce the amount of their claim for reimbursement.
The first argument can be based on the Made Whole Doctrine, which states that if the plaintiff isn’t made whole by the settlement, the insurer must take a pro-rata share of what they may be entitled under the Med Pay reimbursement provision in the policy.
The second argument can be based on the Common Fund Doctrine. This rule states that if you’re represented by an attorney, the insurer must pay a portion of their attorney’s fees in recovering the settlement funds subject to the claim for reimbursement.
The third argument can be based on whether you were partially at fault for your accident. If you were found partially at fault, then the settlement from the at-fault party’s insurance company likely was reduced to reflect this. Therefore, your insurance company should take this into account in their claim for reimbursement.
Florida Personal Injury Protection & Medical Payments
In Florida, Personal Injury Protection (PIP) coverage is required under Section 627.736, Florida Statutes. Every driver must carry at least $10,000 in PIP. Florida PIP covers 80% of medical bills and 60% of lost wages. In addition, you can choose to get Med Pay or Extended PIP to pay the remaining 20% of medical bills.
To qualify for full PIP benefits, you must receive an emergency medical condition from a qualified physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner.
Florida Med Pay may be used to pay the 20% of medical bills that PIP doesn’t pay. Certain types of Med Pay may also be used to pay your deductible, if you have one under your policy (a deductible is common).
Like Med Pay in other states, as discussed above, your insurer may be entitled to be paid back if you recover a settlement from a third-party. But there are exceptions. One of the exceptions is if they do not ask to be reimbursed in writing. Also, the Common Fund Doctrine (explained above) is an argument you can make, if you’re represented by a lawyer, to reduce the amount you would need to pay your insurer back.
Texas Personal Injury Protection & Medical Payments
In Texas, both PIP and Med Pay are optional. However, PIP must be offered with every auto insurance policy issued in Texas and if you don’t want it, it must be waived in writing (pursuant to Texas Insurance Code § 1952.152). Later, if your insurance company can’t produce the waiver you signed, you automatically are entitled to $2,500 in PIP coverage by operation of law.
PIP in Texas starts at $2,500 per person per accident and can go up to $10,000 or even more. This coverage covers reasonable and necessary medical expenses, funeral expenses, 80% of your lost wages, and essential services for a non-wage earner (e.g., house-cleaning). Your insurance company can’t ask to be reimbursed for what they pay you for PIP if you receive a settlement from the at-fault party.
Texas Med Pay is similar to Med Pay in other states in that it covers the same damages—only medical expenses, and it is usually subject to a claim for reimbursement if your policy says so. However, you can make similar arguments above to try to reduce or get the Med Pay lien waived.
9. Know About Bad Faith Claims
Under the law, it is assumed that parties to a contract act in good faith in carrying out the obligations within that contract. If a party to a contract does not act in good faith in carrying out such obligations, they are said to be acting in bad faith and subject to legal penalties such as paying the other party damages.
An insurance policy is a contact between the insurance company and the insured. When the insurance company doesn’t pay or fails to live up to their end of the deal, they may be violating this implied duty of good faith and fair dealing.
Most states have statutes or some case law (judge made law) that recognizes a cause of action for bad faith against an insurance company.
Bad faith claims usually arise when a claim is not investigated timely; payment of the claim is unreasonably delayed, is unfairly denied; or the claim is not resolved fairly.
Being able to recognize when an insurance company is acting in bad faith will add to your arsenal when trying to resolve your underlying injury case. First, you’ll need to see what type of bad faith case you may have: First-Party Bad Faith or Third-Party Bad Faith.
First-Party Bad Faith
If Allstate is your own insurance company and you’re trying to get them to pay you under your uninsured, underinsured, no-fault insurance, or some other coverage under your policy, and they’re treating you unfairly, you may have a first-party bad faith case against them.
Third-Party Bad Faith
If Allstate is the at-fault driver’s insurance company and you’ve been unable to settle with them, you may have a third-party bad faith case against them. Most states do not recognize a third-party bad faith claim, meaning you can’t directly sue the at-fault party’s insurance company.
Once you’ve identified which type of bad faith case you have (1st Party or 3rd Party), then you’ll need to see whether an actual bad faith claim exists under your state’s laws.
Bad faith claims can be extremely complex. If you think you may have a bad faith case, it’s important to consult with an attorney to make sure you do not lose your rights.
10. Don’t Agree to Anything without Speaking to a Lawyer
This tip may seem self-interested, but it only makes sense. We are all fortunate that attorneys are allowed to work on personal injury cases on a pure contingency fee basis. This allows folks to get the justice they deserve without having to fork out thousands of dollars in attorney’s fees and legal costs. Litigation can get extremely expensive, and most folks wouldn’t be able to pay an attorney out-of-pocket to pursue their case in court.
Take advantage of this. Before you even talk to an Allstate adjuster on the phone, call a lawyer, preferably one that focuses on auto accidents, to discuss your case. You have no obligation to hire them and no auto accident attorney I know charges for a consultation.
If you end up hiring an attorney on a contingency fee basis and they can’t get you a settlement, you will not need to pay them for their work. Sounds like a good deal to me.
Is Allstate Good at Settling Claims?
No. In fact, they are one of the worst out of the five large auto insurance companies. They are cheap, especially on soft tissue injury cases. On soft tissue injuries, they will typically offer to pay a fraction of your past medical bills and $1,000 to $5,000 for pain and suffering.
As we discussed above, Allstate was instrumental in creating the Three-D’s strategy and still digs their heels in on most soft tissue injury cases. They have their own in-house attorneys that handle their litigation. So, the threat of litigation doesn’t scare them too much.
There is hope, however. You don’t need to accept their lowball offers. Use the strategies here and consult with a lawyer before you decide to settle your case.
Should You Hire an Attorney for Your Allstate Case?
It will depend. If there are no injuries and you only have minor property damage, then it’s likely you won’t need an attorney to handle your case.
However, if you were injured, even just whiplash, you should at least discuss your case with an attorney. You can ultimately make the decision to hire an attorney after your consultation.
The fact is Allstate will almost always pay you more if you hire a lawyer and even with considering the attorney’s fees you’ll pay. There are studies by the Insurance Research Counsel that show claimants received 40% more when they were represented by an attorney.
How Long Does It Take Allstate to Pay Out on a Claim?
It depends. If you’ve agreed to a settlement with Allstate, it typically takes one to three weeks to receive the settlement check.
If you’re not ready to settle your case, the time it takes to resolve a case with Allstate will depend on when you’ll be released from all medical treatment or when your condition is stabilized and have a good idea of what your future medical treatment will cost.
Most soft tissue injury cases resolve in three to six months. Some cases can resolve in days. Some take years.
If you have a serious injury or need surgery and the Allstate policy limits are low, you can likely settle your case quickly. But if you only have strains or sprains and there’s a large policy, it can take some time to settle and may require a lawsuit.
How Much is My Allstate Case Worth?
The value of your case will depend on several factors, including, but not limited to:
- Extent of property damage to the vehicles involved.
- Extent of your injuries.
- Whether you immediately went to the emergency room by ambulance from the scene.
- Whether you were partially at fault.
- How much medical treatment you received.
- Allstate liability coverage policy limits.
- Whether you have uninsured / underinsured motorist coverage.
- Whether you have PIP or Med Pay coverage.
- Did health insurance / Medicaid / Medicare pay for some or all of your medical bills.
- Whether you have a permanent injury or impairment.
- Your age, gender, occupation, marital status.
- Whether the defendant was a business.
- Whether the at-fault driver was intoxicated at the time of the accident.
- Whether the at-fault driver was distracted by texting or by some other distraction.
- The county and state where the accident occurred.
In our experience, most Allstate cases settle somewhere between $15,000 and $25,000. Now, keep in mind most auto accident cases in the U.S. involve soft tissue injuries. So, the average reflects this. If your injuries are more severe, like broken bones, or you need surgery, your case could be worth over $100,000 or more. Case value is extremely fact specific.
Research conducted by the Insurance Information Institute confirms similar figures. It showed that the average bodily injury claim paid was $22,734 and the average property damage claim paid was $5,314.
Will Allstate Settle Before Trial?
Most likely, yes. Most auto accident cases settle prior to trial. The decision to settle a case is entirely up to the claimant. If you’re represented by a lawyer, they can only advise you how to proceed in your case, but the decision to settle is ultimately up to you.
If you’re happy with what Allstate is offering you, either before a lawsuit is filed or in litigation, the case will settle. 95% or more cases settle prior to trial. Those 5% or less of cases may settle before a jury returns their verdict.
The specific reasons why a claimant would want to settle instead of going to trial would be that they don’t want to risk the jury siding with the defendant and getting nothing. Additionally, the claimant may not want to wait two to three years or however long it would take for a jury to hear their case.
Another reason a claimant would want to settle with Allstate prior to trial is pure economics. Expert witness fees, court costs, and other litigation expenses can make an auto accident case economically unfeasible to take to trial. This can happen most often in cases where the injuries are relatively minor.
How Long Do I Have to File a Lawsuit Against Allstate?
This will depend on which state the accident occurred:
In Arizona, generally you have two years from the date of accident to file a lawsuit if your case is against the other driver who caused the accident. If your case is against Allstate, your insurance company, for not paying on an uninsured/underinsured claim, you’ll have three years to do so.
In California, you have two years from the date of accident to settle your case or file a lawsuit against the at-fault party or if it’s a case directly against Allstate for uninsured motorist benefits. Underinsured cases are a bit more complex.
In Florida, you have four years from the date of accident to settle or file a lawsuit against the at-fault party. For cases against Allstate directly, you’ll have five years to settle or file a lawsuit.
In Texas, you have two years from the date of accident to settle your case or file a lawsuit against the at-fault party. You’ll generally have four years to settle or file a lawsuit against Allstate if they are your insurance company.
There are other claims that can be brought in Texas against your insurance company that have different time limits, such as Bad Faith claims, Texas Insurance Code violations, and violations of the Texas Deceptive Trade Practices Act.
Important Note: There may be exceptions to the statute of limitations in each state. Also, there may be other claims that can be brought against your own carrier that have shorter time limits. So, it’s important you discuss your case as soon as possible with an attorney to avoid losing your rights.
Allstate Car Accident Settlements
Below are some our own Allstate case settlements, as well as some pulled from Verdict Search, a database of jury verdicts and settlements.
Case Study #1: Client v. Allstate (Pima County, Arizona)
Our client was entering the intersection on a green light on the south side of Tucson, Arizona, when the defendant, attempted to turn left in front her, crashing into the front of her vehicle.
Our client was taken to the hospital by ambulance and had a fractured ankle, concussion, and back and neck sprains and strains.
After demanding the policy limits, the defendant’s insurance company, United Auto Insurance Company, tendered their policy limits of $15,000. Our client had two underinsured motorist policies, one with GEICO for $15,000 and one with Allstate for $50,000. After we demanded the policy limits from both underinsured carriers, they both tendered the policy limits for a total of $80,000 in total settlement funds.
Case Study #2: Client v. Allstate Insured (Harris County, Texas)
Our client was driving westbound on Humble Westfield Road in Houston, Texas, when the defendant, an Allstate insured, was exiting a private drive attempting to cross all lanes of traffic and struck our client’s front end with his vehicle’s right fender. Humble police arrived at the scene and the defendant was cited for failure to yield the right of way from a private drive.
She treated with a physical therapist for 15 visits, received MRIs of her lumbar and cervical spine. The radiologist noted a 1.3 mm disc herniation at the C5-C6 level of her cervical spine indenting the ventral cervical cord and a 1.7 mm disc herniation at the L5-S1 level of her lumbar spine extending into the epidural fat.
Our client was referred out to a pain doctor where she received Medial Branch Block injections for facet levels L4-L5 and L5-S1 of her lumbar spine.
We demanded that Allstate pay their policy limits and Allstate responded with an initial offer of $16,008.69. We eventually settled our client’s case for Allstate’s $50,000 policy limits. In addition, we recovered our client’s $2,500 in personal injury protection from her policy, for a total of $52,500 in total compensation.
Case Study #3: Client v. Allstate Insured (Harris County, Texas)
Our client was traveling northbound on Aldine Westfield in Houston, Texas, when defendant, an Allstate insured, heading southbound attempted to make a left-hand turn in front of him at an intersection, t-boning our client’s vehicle on the driver’s side door. A Harris County Constable arrived on scene and cited the defendant for failing to yield the right of way when turning left.
Our client was transported to the emergency room by ambulance. He presented to the emergency room with complaints of dizziness, memory loss, right forearm pain, and neck pain. He was diagnosed with a concussion, neck and back sprains and strains, and an abrasion on his right forearm from the airbag deployment.
He later treated with a chiropractor for 16 visits. Due to persistent pain in his neck and lower back, he was referred out for MRIs of his lumbar and cervical spine. The radiologist noted several 1 mm disc herniations in his cervical spine and a 2 mm disc herniation at the L5-S1 level of his lumbar spine. He later received two lumbar facet injections.
We sent our demand for policy limits to Allstate, and they eventually tendered their policy limits of $50,000. Additionally, we sought additional compensation through our client’s underinsured motorist policy with State Farm. We ended up settling his underinsured claim for an additional $15,000, for a total of $65,000 in total compensation.
Case Study #4: Client v. Allstate Insured (Harris County, Texas)
Our client was traveling eastbound on Tidwell Road in Houston, Texas, when defendant, an Allstate insured, failed to yield to a stop sign from a side street. Houston Police arrived on scene and the defendant was cited for failing to yield the right of way to a stop sign.
Our client presented to the chiropractor four days after the accident complaining of right shoulder pain, and neck and back pain. Due to persistent pain in her neck and right shoulder, she was referred out for an MRI of both her right shoulder and cervical spine. The radiologist noted a tear of the supraspinatus tendon, which he associated with the accident. In addition, he noted 2 mm herniations at C3-C4, C5-C6, and C6-C7.
She was referred out to a pain doctor for her neck pain. She later received an epidural steroid injection for her neck pain.
She also was referred out to an orthopedic surgeon for her shoulder injury. The doctor recommended arthroscopic surgery to repair the supraspinatus tendon tear, which was later performed.
We sent our demand to Allstate asking for their policy limits of $30,000, which they tendered. We later sent a demand to our client’s underinsured carrier, Progressive, for their policy limits of $60,000, for a total of $90,000 in total compensation.
Case Study #5: Client v. Allstate (Pima County, Arizona)
Our client was attempting to make a left-hand turn on a green arrow at the intersection of Golf Links and Pantano Parkway in Tucson, Arizona, when the defendant ran the red light, t-boning our client’s vehicle on the passenger side door.
Tucson Police arrived on scene and cited the defendant with running a red light.
Our client was transported to the emergency room by ambulance. He complained of neck and back pain and left shoulder pain.
He later presented to a chiropractor and treated there for 20 visits. Our client was later referred out for an MRI of his left upper extremity. The radiologist noted a SLAP (Superior Labrum Anterior and Posterior) tear and was later referred to an orthopedic surgeon. The doctor recommended surgery to repair the SLAP tear, but our client opted to let it heal on its own.
We demanded the policy limits of $15,000 from the defendant’s insurance company, Safe Auto, which they tendered. We later sent a demand to Allstate, our client’s underinsured carrier, demanding their policy limits of $50,000, which they paid, for a total of $65,000 in total compensation.
Case Study #6: Shankhour v. Markum, Allstate Insured (San Diego County, California)
Plaintiff, Mr. Shankhour, was driving in a parking lot in Poway, California, when he was rear-ended by defendant, Mr. Markum. Mr. Shankhour suffered injuries to his back and hip.
Eight days later plaintiff sought treatment with a chiropractor and underwent epidural steroid injections for his pain. He also underwent a labrum repair surgery, which was unsuccessful. He then underwent fusion surgery at the L3-L4 and L4-L5 levels of his lumbar spine.
Mr. Shankhour demanded $1,250,000. Allstate counter-offered $25,000. Days before trial the parties settled the case for $850,000.
Case Study #7: Tuomi v. Stewart, Allstate Insured (San Diego County, California)
Plaintiff, Mr. Tuomi, was driving in heavy traffic on I-5 in San Diego near Solana Beach, when he was rear-ended by defendant as traffic slowed.
Plaintiff presented to urgent care the day after the accident with complaints of middle and lower back pain. He was diagnosed with a compression fracture at the L4-L5 level of his lumbar spine and later sought treatment with an orthopedist.
Mr. Tuomi later settled his case with Allstate for $200,000.
Case Study #8: Diaz v. Bahman, Allstate Insured (Los Angeles County, California)
Plaintiff, Ms. Diaz, was driving westbound on Calvert Street near Tyrone Avenue in Los Angeles, California, when she was t-boned by defendant’s vehicle.
Ms. Diaz presented to her primary care physician two days later with complaints of neck pain. She later treated with a chiropractor and later with a pain doctor due to worsening pain. She received cervical trigger point injections. She continued treatment with her pain doctor for approximately two years.
Ms. Diaz and Allstate agreed to settle her case for $80,000.
Case Study #9: McDaniel v. Smith, Allstate Insured (San Diego County, California)
Plaintiff, Ms. McDaniel, was driving on I-805 in San Diego, California, when she was sideswiped by a vehicle driven by defendant, Mr. Smith.
Ms. McDaniel complained of neck and back pain at the scene of the accident but did not seek medical treatment until six months after the accident. She later started to experience radiating pain and numbness down her leg. She then went to her doctor who prescribed pain medication and referred her out for an MRI. She was then referred out for physical therapy and to an orthopedic specialist. Later, she underwent pain injections.
Her orthopedic doctor recommended decompression surgery at the L4-L5 and L5-S1 levels of her lumbar spine. She underwent the surgery after receiving a second opinion.
Prior to trial, Ms. McDaniel and Allstate agreed to settle her case for their policy limits of $100,000.
Case Study #10: Hernandez v. Ohman & Bonomolo, Allstate Insured (Palm Beach County, Florida)
Plaintiff, Ms. Hernandez, was driving westbound on Lake Worth Road in West Palm Beach, Florida, when defendant, Mr. Bonomolo, rear-ended her as she turned into a business.
Ms. Hernandez suffered injuries to her lumbar spine, with a L4-L5 paracentral herniated disc with stenosis, radiculitis at L4-L5, and a bulging disc at L5-S1.
She underwent epidural steroid injections and a needle rhizotomy. Later, she underwent a discectomy at the L4-L5 level of her lumbar spine.
Ms. Hernandez demanded Allstate’s policy limits of $300,000, which they later tendered prior to trial.
Allstate Contact Information
Website: https://www.allstate.com/help-support/claims
Property and casualty insurance claims address:
Allstate Insurance Company
PO Box 660636
Dallas, TX 75266
Claims Phone Number: 800-255-7828
Contact Our Experienced Car Accident Lawyers to Handle Your Allstate Claim
Call us today for a FREE consultation regarding your Allstate bodily injury claim. Our car accident injury lawyers can investigate your accident, determine the at-fault party, and help you present the best case possible to Allstate. Call (855) 545-1777 to speak to our personal injury attorneys directly.
