If you have suffered injuries following a car accident, you must file a personal injury claim to recover financial compensation. In California, comparative negligence is the legal principle or doctrine in personal injury cases. The fault is distributed and assigned when a case involves more than one at-fault party. If you also bear some blame in an accident, you can obtain compensation minus your percentage of negligence in causing your injuries.
Allstate is one of the largest auto insurance companies in the United States. This multi-billion dollar company was founded in 1931, and its client base keeps expanding yearly. In 2021, Allstate generated over $50.6 billion in revenue, although it remains one of the "worst" insurance companies to deal with when filing accident claims. If the at-fault driver in an accident has an Allstate auto insurance policy, it is imperative to know the proper procedure for filing your claim.
3 Main Ways to File an Accident Claim With Allstate
Motorists with Allstate auto insurance policies must report accidents as soon as possible. However, reporting an accident and filing a claim are two different processes. Accident victims have more time to file a claim, and it is perfectly okay to analyze the extent of your injuries before attempting the process. However, you have better chances of enjoying a smooth process if you file promptly and allow the insurance company to analyze an incident and assign fault.
The statute of limitations dictates the duration you can take before filing a claim. The deadline for filing an auto insurance claim in California is two years.
Like most insurance companies, you can also expect Allstate to drag your case or bring about "complications" in the hopes that your lawsuit will expire before you receive a dime. It is always best to have a skilled attorney on your corner that can use the law to protect your best interests.
Here are three common ways to file an accident claim with Allstate:
Reach Out Through 1-800-ALLSTATE (1-800-255-7828)
You can contact Allstate to file your claim by calling 1-800-255-7828. The company always has a skilled representative on the line 24/7/365. Both policyholders wanting to report an accident and victims seeking to file claims can contact the company through this number.
Through the Online Portal
You can register an account through Allstate's website or fill in your login details if you already have an account. On "My Account," you will find intuitive steps that allow you to file your claim.
Through the Allstate App
Allstate insurance company is abreast of technological advancements. As such, the company has a well-designed mobile app that allows you to access a range of features on your Android or iOS. If you do not have the application, download it and choose the option to file a claim. Ensure you obtain a claim number to kick start investigations into an accident.
Irrespective of the means you use to file your accident claim, an Allstate representative will contact you for further information. Investigations and damage assessment can take anywhere between a few days and several weeks, depending on the specifics of an accident. If the insurance approves your claim, they will send you a settlement offer.
Essential Steps to Take When Filing Your Claim with Allstate
It is crucial to ensure your claim has the best chance of helping you obtain maximum compensation. The steps you take will play a significant role in dictating whether you will receive the compensation you deserve or Allstate insurance adjusters will corner you into settling for pennies. Here are the crucial steps to take during various phases:
After The Accident
Right after a car crash, the essential step is to call 911 and report what happened as you wait for help. If circumstances allow, take photos and videos of the accident scene and gather the contact details of eyewitnesses. It is also imperative to visit a medical practitioner before going home for a thorough checkup.
Make sure you keep copies of medical documents, police reports, and conversations with Allstate. Also, keep a journal about the accident's location and the exact time and date a crash happened. Data about the weather and the road's condition during the collision can also come in handy during investigations.
When Filing Your Accident Claim
Once you file your claim, an Allstate representative will contact you with questions regarding the accident. Remember that the conversation is on record irrespective of how warm or friendly the representative sounds. Do not admit fault and choose your words carefully when answering questions regarding your activities before the accident.
Insurance adjusters work for the benefit of their employers. An Allstate adjustor will be happy to twist your claim of "being at work all day with the hopes of getting home early" to shift blame and accuse you of fatigued driving.
During Investigations
Investigations into an accident can take days or weeks. Again, investigators are under Allstate's payroll, meaning they will focus on unveiling evidence that works in the insurance company's best interests. They will focus on finding anything that can increase your blame percentage or reduce your compensation. Insurance adjustors can even limit the company's liability by denying your claim.
It is imperative to remember the following:
- Do not share your opinion about an accident
- Answer the adjustor's questions but do not go into detail
- Do not volunteer information by answering questions not asked by the adjustor
- Do not give any written or recorded statements
- Do not sign any documents without seeking legal counsel
During Settlement Negotiations
If you have a case and the insured driver is at fault, the insurance adjustors will investigate your damages in preparation for presenting a settlement offer. You are not obliged to accept the offer, and it makes sense first to consult an experienced personal injury attorney. The expert understands the law and can use refined negotiation skills to bring home the compensation you deserve.
If you decide to negotiate a settlement agreement without the aid of an attorney, note that Allstate insurance adjusters can use anything you present in recorded or written statements against you in court. This could corner you into accepting whatever settlement the company offers. Seeking legal counsel to avoid common mistakes that can slash down your compensation is vital.
Once you receive the settlement offer, you must present a counteroffer that quotes a higher amount. The first offer often has a figure lower than the value of damages you have suffered. Insurance adjustors can even leave out crucial details about your injuries to see if you will notice that something is amiss.
A detailed settlement agreement must contain information about all your economic and noneconomic damages. The easiest way to handle negotiations is to know the value of your injuries. Remember that once you sign the settlement agreement, you cannot go back and demand more compensation. The contract is legally binding, and signing it means you agree to its terms even if they are unfair.
How Does Allstate Rank At Paying Personal Injury Claims?
Unfortunately, Allstate's ranking in settling personal injury claims is below average. The multi-billion company has a trend of hiring top-ranked attorneys to defend a claim and ensure a claimant receives little or no compensation. Compared to other insurance companies, Allstate has an ill reputation for assigning lesser amounts for noneconomic damages like pain and suffering.
You have the right to pursue compensation from Allstate and expect to receive a settlement that covers economic, noneconomic, and even punitive damages if the circumstances around an incident allow. While it is reasonable to pursue a claim without legal representation when dealing with minor property damage, it is best to hire an attorney if you suffer injuries. It is easier to quantify damages to your car than to put a price tag on your emotional distress, pain, and suffering.
Allstate can acknowledge losses incurred through medical expenses and lost wages if you have suffered injuries. However, they will downplay them to limit your compensation. For instance, they could dispute the extent of an injury and claim that part of your pain stems from preexisting conditions. They could even claim you are making up injuries or exaggerating them to receive an underserved settlement.
The best way to file an accident claim with Allstate is with the help of an experienced personal injury attorney. This reduces the odds of Allstate denying your claim for no reason. Your attorney will investigate the accident and table facts that reinforce your assertions. Your lawyer will be ready to push the matter to court if things go south during negotiations. During the trial, the court will depend on evidence, which could increase your odds of receiving fair compensation.
Court processes are time-intensive and expensive. Allstate understands this too well and will often bend during negotiations and offer a fair settlement if they suspect you will not shy away from a trial. Generally, having a personal injury lawyer representing you during negotiations also limits the odds of the insurance company trying to play tricks to push you into accepting an unfair settlement.
How to Maximize the Value of Your Personal Injury Claim with Allstate
A skilled personal injury attorney can help you maximize your potential compensation. It is imperative to contact the expert as soon as possible after an accident to ensure you gather and preserve evidence to build a strong case. Every step after an accident will play a fundamental role in determining the settlement you obtain.
Here are a few steps to maximize the value of an Allstate claim:
Seek Medical Treatment
Seeking medical attention ensures you can present an accurate picture of your economic damages. Whether injuries are visible right after an accident or not, it is crucial to schedule a full medical checkup with a licensed practitioner. Your doctor should also formulate a treatment plan and provide documentation that shows the kind of care received and potential treatments you require in the future.
Apart from treating your physical wounds, you must schedule appointments with a therapist if you are going through emotional distress. Accidents that leave you with scares and permanent injuries can affect your mental health.
Documents showing the treatment received for common issues like post-traumatic stress are necessary. Your therapist will also indicate the therapy sessions you require in the future to make you whole again. Make sure you preserve these documents as evidence to help maximize your Allstate claim's value.
Speak To Your Lawyer before Accepting an Insurance Settlement
Right after filing your claim with Allstate, an insurance adjustor will likely approach you and seem to sympathize with your situation. If you have suffered significant injuries, the adjustor could even visit you at home or in hospital and offer a settlement of as little as $5,000 to "help" you offset your medical bills. Even though accepting an upfront settlement can be tempting, especially if you are dealing with mounting medical expenses, it is wise first to consult a personal injury attorney. Receiving the compensation means you cannot ask for more money in the future.
Value Your Claim Fully
Simply because you have a fractured limb does not mean you only deserve compensation to offset the cost of receiving a plaster cast. There are various other damages you are entitled to, including lost wages, emotional distress, pain and suffering, and expenses related to receiving assistance for tasks you would have carried out in person. The value of your claim must also include compensation for the loss of regular use of your limb.
Other damages you should recover through your Allstate accident claim include:
- Medical bills and cost of medical supplies
- Scarring, disabilities, and permanent impairment
- Mental anguish and emotional distress
- Reduced future earning potential
- Loss of enjoyment of life
If an accident damages your car, you have a right to seek repairs from an auto shop of your choice. Also, you are entitled to enough compensation to use OEM (Original Equipment Manufacturer) parts and not cheap after-market parts. If your car is totaled, you should pursue compensation equivalent to the vehicle's actual monetary value.
Allstate will not offer to compensate you fully unless you have an attorney to evaluate each category of your damages individually. Your lawyer will explain why a settlement offer is inadequate and why Allstate must adjust it upwards. The only way to have the upper hand during negotiations is to show the other side that you have a strong case that will likely win if you go to trial.
Keep Excitement on the Leash
Accident injuries can make you too excited to get a check in your hands. The money obtained can help you settle your medical bills and keep your home affairs in order. However, excitement can also rob you of the chance to receive enough compensation to make you whole again. You could find yourself settling medical bills after you have exhausted your compensation money.
To obtain maximum value for an Allstate claim, the insurance company must believe you are willing to go the distance to receive a fair settlement. Rejecting the first settlement offer, the second, or even the third one is often important, especially when an offer is inadequate.
Build Your Case
Often, Allstate settles before trial. However, you must prepare for the worst and methodically build your case to maximize the value of your claim even if negotiations fail. Case preparation is time-intensive; the sooner you begin putting your evidence and paperwork together, the better.
A strong case also pressures the insurance company to yield to your demands and provide fair compensation. If you give the other side reason to believe you will not go to trial, they will likely lowball the settlement offer.
Make a Good Impression
During negotiations or trials, you must not underestimate the importance of making a good impression. Even insurance companies can predict how the jury will react when they know you are a polite, respectful, likable law-abiding citizen. Maintaining an attitude that draws sympathy can ensure you can obtain maximum value for your claim.
Allstate insurance adjustors or legal representatives can press your buttons in the hopes that you will lash out and show a side of you the jury would rather not see. When representing yourself, there's a higher risk of jeopardizing your case based on how you react to the comments and arguments of the other side. Having an attorney represent you is safer and can help ensure you remain calm and well-composed.
Find a Los Angeles Personal Injury Attorney Near Me
At Los Angeles Personal Injury Attorney, we care about the plight of accident victims. We have a team of compassionate attorneys who can help you pursue maximum compensation for an Allstate claim. Our skills allow us to achieve the best during negotiations and even push to the courtroom when necessary. Our understanding of the required expenses to make you whole, especially after catastrophic injuries, does not allow us to take a penny less than you deserve. We work on a no-win, no-fee basis, and you can reach us at 424-231-2013 for free legal consultation.
