Accidents are a regular occurrence in our lives, and the resulting injuries can require extensive medical treatments, surgeries, and even long-term care. Maybe you cannot work due to your injuries, which only exacerbates your financial situation.
When you suffer injuries in an accident caused by another person's negligence, you deserve compensation for your financial losses, pain, and suffering.
The first place many injured people turn to is an insurance company. With 16 million policyholders in the U.S. and a staggering $12.036 billion in gross annual profits, Allstate has a huge share of the U.S. auto insurance market. The personal injury lawyers at Redemption Law have dealt with Allstate adjusters numerous times. Here’s how Allstate handles injury claims and how we handle Allstate for our clients.
Common Injury Claim Accidents
Some common accidents that you may file an Allstate insurance claim for compensation include:
Car accidents
Bicycle accidents
About Allstate
Founded in 1931, Allstate Auto Insurance grew into the second-largest casualty insurance company in the country. The company rakes in billions in profits each year.
Allstate didn't get rich by playing fair with its policyholders. It did so by using cost-containment strategies that make it difficult for its policyholders and others to get full compensation for their accident-related injuries. Our lawyers know the tactics Allstate adjusters use to shortchange claimants and how to obtain the maximum compensation for our clients.
Filing an Allstate Insurance Claim
Florida is one of the few no-fault insurance states, so if you suffer injuries in a car accident, you must first seek compensation from your own insurance company regardless of fault.
Allstate doesn’t publish a deadline for filing, but chances are its policies require policyholders to report their accident promptly or as soon as possible. Waiting too long to report your accident may result in Allstate denying your claim.
As a result, you may have to report your accident to your insurance company before you have time to retain a lawyer. Allstate policyholders can report the accident online, through a mobile app, or by calling the company’s hotline at 800-255-7828.
The process from there seems pretty straightforward. Allstate will ask for information such as the date, time, and location of the accident.
When you report the accident to Allstate, don't give too many details. Don't explain what may have caused the accident. Don't say what you did before the accident. Don't discuss your injuries. And never admit fault even if you think you may have partially caused it.
Also, don't give statements or sign authorization forms without first talking with a lawyer. Insurance companies may use anything you say or sign to limit your compensation or deny your claim altogether. Provide only the basic facts when reporting your accident and let your car accident lawyer handle the details with your insurance provider separately.
Filing an Injury Claim in Florida
Florida law requires all drivers to carry Personal Injury Protection (PIP) Insurance (often referred to as no-fault insurance) with a minimum coverage of $10,000. PIP covers your own medical expenses and lost income up to the policy limits, regardless of fault. These are called first-party claims.
If your policy does not cover all of your damages, you may file a third-party insurance claim against the at-fault driver to cover your remaining damages.
Filing a Third-Party Claim
Sometimes we advise clients to file a third-party claim against the at-fault party's insurance company.
With so much of the market share, Allstate may also represent the at-fault driver, so you may file your third-party claim against Allstate as well.
Third-party claims follow a more involved process than first-party claims.
Allstate may fight third-party claims harder because they can cost the company far more.
Florida law also allows injured individuals to file a lawsuit against the at-fault driver if they suffered severe or catastrophic injuries or property damages over $10,000.
Florida Statute § 627.737 defines severe and catastrophic injuries as:
- Permanent with significant scarring or disfigurement
- Permanent with significant loss of a vital bodily function
- Permanent injuries within a reasonable degree of medical probability
- Death
Our car accident lawyers have plenty of experience dealing with Allstate adjusters for our clients. Our lawyers can advise you on the best actions to take to ensure full and fair compensation for your injuries.
Allstate’s Personal Injury Claims Process
After you report your accident to Allstate, the company will conduct its own investigation and will likely get back to you with a settlement offer. This offer may include financial compensation for any property damage, such as damage to your car, medical bills, and lost income if your injuries prevented you from working. The settlement may also include compensation for pain and suffering.
Never accept an insurance company’s settlement offer without first consulting with a car accident lawyer. Allstate’s offer may sound attractive, especially if extensive medical bills burden you on top of the pain and discomfort your injuries caused. The calculations Allstate uses to determine your damages probably don’t reflect the full extent of your losses. An experienced car accident attorney can better assess how your injuries may affect you, not just now, but in the future.
If you accept a settlement offer from Allstate and then discover months later that your injuries needed far more medical care than you anticipated, you cannot go back to the insurance company and demand more.
How Our Lawyers Handle Allstate Injury Claims
If you suffered injuries in an accident, or if your loved one suffered catastrophic injuries or died from their injuries, contact a lawyer as soon as possible to protect your rights. Once you hire our attorney, they will gather evidence in your case to back up a demand to Allstate for financial compensation.
Here are some ways we can help you:
Our Lawyers Will Investigate Your Accident
Our lawyers will investigate your car accident by examining the causes, the parties involved, and your injuries. We will review any evidence you have and gather any additional information, including the police report, photographs of the accident scene, photographs of your injuries, your medical records and expenses, witness testimony, and more.
Our Lawyers Will Identify All Liable Parties
We will also try to prove that another driver caused the accident and whether we can hold other parties liable. For example, after a truck accident, we might hold the trucking company liable if it engaged in negligent hiring practices or did not properly maintain their commercial vehicles.
Our Lawyers Can Value Your Claim
Our lawyers will identify the full impact of your accident injuries on your life to determine fair compensation for your damages.
Damages we may consider include:
Economic damages
- Medical expenses, including any treatments, hospitalization, medication, and rehabilitation
- Future medical needs, including home healthcare or supportive services
- Modifications to your home or vehicle due to a permanent disability
- Special equipment or prosthetics
- Lost income if your injuries prevented you from working
- Loss of future income if your injuries prevent you from working in the same capacity
- Property damage
- Funeral and burial expenses
Non-economic damages
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium if the accident affected your relationship with your spouse or partner
Once we know the full extent of your injuries, we will determine a financial value for your claim. Since non-economic damages such as pain and suffering and loss of enjoyment of life—are more subjective, we calculate these damages.
We may use the multiplier method, which involves multiplying your economic damages (such as your medical bills and lost wages) by a certain number. Or, we may use the per diem method, which calculates non-economic damages based on a daily rate, often your daily income.
Once we determine a fair value for your full damages, we will send a demand for compensation to Allstate.
Allstate Calculates Damages Differently
Allstate uses the Colossus software system to calculate the value of damages in insurance claims. The system creates a monetary value range based on an analysis of past auto claims and information from your medical records. The adjuster plugs the data into the system, which includes whether the accident hospitalized you, the type and length of your medical treatment, any medication or therapy, and the severity of your injuries.
Colossus uses pre-recorded data for its calculations, so it may not consider the full amount of your medical bills. And, if your Allstate adjuster believes you bear even partial fault for the accident, they will reduce your settlement amount accordingly.
They also may not consider all the damages you claim and, as a result, will most likely make you a lowball offer.
This is why we stress the importance of talking with an attorney before you accept any offer from an insurance company.
Also, Colossus may consider whether you retained a lawyer and the willingness your lawyer has shown to go to trial. This is another reason why you want an experienced attorney to represent you.
Our Lawyers Will Negotiate With Allstate for a Fair Settlement
Allstate will likely counter your demand for compensation with a low settlement offer based on their own calculations. Our lawyers are experienced at negotiating with Allstate insurance adjusters and know when they are not treating you fairly. We can advise you whether to take a settlement offer or hold out for a better deal.
Our Lawyers Can Represent You in Court if Necessary
If Allstate refuses to play fair, we can file a lawsuit in civil court for you. Most injury lawsuits settle before they end up in court. We will continue to work with Allstate to get you full compensation. If yours is the rare accident case that goes to trial, we can represent you in court and advocate for you there.
Contact a Lawyer with Redemption Law Today
Allstate is an insurance company with deep pockets, and they aren’t known for offering fair settlements to injured people. Our lawyers have experience handling Allstate injury claims and work tirelessly to get full and fair compensation for our clients.
Contact a personal injury law firm in Miami that you can trust to handle all aspects of your injury case so you can focus on your own recovery. Reputable personal injury lawyers offer free consultations and case evaluations, so call and protect your rights today.