I was involved in a car accident and need some advice!?

Question

I ws in an accident on 8/2/06. Four cars involved- Car#1 darts into our lane hitting the man in front of me(car#2). I, being car #3, saw accident and stopped with a car lenghth in between me an car #2. Car #4 rear ends me at 30 mph. pushing me into Car #2. Lots of debating between insurance companies on my part and finally Allstate ins. (car #4) is responsible for payment of property damage. Monday 8/14/06 I spoke with rep from Allstate and they cut me a check for $3309.21 for payment of my car. I get home this evening and there's a message form her telling me that that the check was already sent, however she is going to cancel that check and reissue one for $1600.00. Without even discussing this with me. I have no idea what my rights are. I have no money, I'm a single mother of a three year old, no vehicle, can't get to my job or my son's daycare center. Please help I'm gonna loose it real soon!!

I only had liability which means no rental, or anyone to back me up.My car is now totaled and I had owed over $100 for the storage. In exchange for payment I gave storage facility my car title. It was not worth saving. I was supposed to start a new job on Monday 8/14 and because of no vehicle I couldn't make the 7:00am Orientation on time. The company agreed to allow me to attend the next one on Monday 8/21. That leaves 3 days to find a reliable vehicle for a Rochester winter coming up. Now the amount is almost half the agreed offer. I have contacted a lawyer.

Allstate is not my insurance company. It is the company that's claiming responsiblity. I have not signed anything yet. Will I have to sign for the check from the mailman? Does this matter? I have however made verbal agreement for the original check amount. Not the $1600. This seems really unfair, especially since I avoided an accident and was pushed into a car and then sandwiched between two. Medical will probably be covered. But I don't have any money to throw into the purchase of a used car. And I don't have a year to wait to try to settle this in court! Look at how much wasted energy is spent because of this nonsense. I hope that it's over soon. Please keep your fingers crossed and pray that I get the money and I can move on !!! Thanks for all of your help!

Answer 1

Allstate will only pay the blue book value of your car and should offer to put you in a rental for a few days (as well as any salvage/storage costs). I would not really recommend a lawyer until you have exhausted other means. They are expensive and do not really scare the insurance companies as much as their loud TV commercials make you think. Dispute the payout, and get it to a claims manager and keep hounding them (get a direct extension). You will likely only get the run around from your claims rep, assuming you can ever reach them. If they are still being stubborn, you were rear ended, and neck problems and soft tissue damage often occur in that type of accident (I am of course not recommending you defraud them if you are indeed uninjured, but perhaps a quick doctors visit and having the bill sent to Allstate will get some cooperation). Allstate will pucker up real tight if you start whining about this, and they will look to pay and be rid of it real quick.

Answer 2

Don't sign for it, retain a lawyer.

Allstate is breaking the law by doing this. (they're real good at that too.)

When I was 16 I was rear ended by a tow truck driver, and an allstate agent illegally recorded my phone conversation with him over the details of the accident without asking for permission to do so from my legal guardians. The next day the guy was fired and the tape "disappeared" and nobody would own up to it, until we got a lawyer. Which was frankly pathetic because we were willing to just deal with the Ins. company until they started trying to dick us over.

Answer 3

If you signed a settlement agreement for $3309.21, it is binding on both parties. If you signed an agreement for $1600, and they told you it was for $3309.21, they committed fraud. You would have to prove they said $3309.21. If the check for that amount arrives, it is good evidence. If you have not signed an agreement, don't sign anything including the check until the situation is resolved. The check may have a settlement agreement written on it. Consulting an attorney is a good idea unless $1600 will fix your car.

Answer 4

How old is your car? Do you have Full coverage on your car? Or do you have plpd?

You should read your policy? But if they were willing on cutting you a Check for 3k then reissue? sounds fishy to me? Didn't an appraisal came out and asset the damage?

I would call for a lawyer.

Answer 5

Good God! Insurance companies.
If you have full coverage, they may dispute it for you.
If not, I would call your insurance agency.
These kind of things are very tenuous and drawn out, so take it easy and relax a little.
That's only becuase I have dealt with insurance difficulties before.
You should have a 24 hour service person that you can contact from your insurance. If so, try to call them.

Answer 6

Call an attorney before you sign anything with any insurance company. They are only looking out for themselves. Many lawyers will take your case and take their fee when you get a settlement.

Answer 7

I HOLD INSURANCE COMPANIES AND CHILD MOLESTERS IN THE SAME ESTEEM. I TOO HAVE HAD PROBLEMS LIKE THIS WITH INSURANCE COMPANIES. I AM GLAD YOU MENTIONED THE COMPANY NAME BECAUSE I WILL NEVER DO BUSINESS WITH THEM.

BUT YEAH, I'D TALK TO A LAWYER AND SEE WHAT HE SAYS.

Answer 8

GET A LAWYER,
WHO WON'T CHARGE UNTIL SUIT IS SETTLED!!!!!!!!!!!!!!!!!!!!!

GOOD-LUCK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!