No matter how safely and cautiously you drive, sometimes car accidents are unavoidable. While it is a common occurrence, dealing with the aftermath of a car accident is undoubtedly overwhelming and stressful. As a driver, you would think because you are insured, dealing with the aftermath of a car accident is a walk in the park.

Unfortunately, with some insurance companies like Allstate, it is likely a beginning of a potentially stressful and lengthy claim process. Like any other profitable insurance company, Allstate claim adjusters have tactics to deny claims or offer low settlements for claims that deserve adequate compensation.

To stand a chance of achieving adequate compensation for your losses when dealing with giant insurance companies like Allstate, you should hire an attorney. A skilled attorney can deal with insurance adjusters on your behalf and negotiate a favorable settlement for your losses resulting from the accident. Read on to learn how to file an accident claim with Allstate.

What You Need to Know About Allstate

Founded in 1931, Allstate Insurance Company has become a national company, providing insurance coverages to several people countywide. It is undoubtedly one of the largest insurance companies in the country, with about 113 million proprietary insurance policies. Allstate typically offers a variety of insurance policies, including (but not limited to) the following coverages:

  • Home coverages
  • Auto coverages
  • Life coverages
  • Roadside coverages
  • Motorcycle coverages
  • Pet coverages

Although Allstate's recognizable and catchy slogan is "you are in good hands," it is not the case when responding to their customers' compensation claims. In most cases, this company's claim adjusters will offer you a low ball settlement offer or deny your claim even where you rightfully deserve compensation for your injuries and losses resulting from a car accident.

Generally, word has spread that Allstate does not play fair when resolving their customers' claims or queries. If you or your loved one has an injury case, it is advisable to retain the services of an experienced injury attorney. An injury attorney can evaluate your injuries and losses to determine the best way to seek the compensation you deserve from the at-fault party insurance provider.

What to Do Immediately After a Car Accident

Unquestionably, the aftermath of a car accident can be frightening and overwhelming. Knowing what to do and not do is critical to protect your best interests and stand a chance of attaining adequate compensatory damages. Below is a checklist of crucial steps to take after a car accident to protect your legal rights:

Remain at the Accident Scene

First, you have a legal right to remain at the scene of the auto accident you were involved in indirectly or directly. Failure to do this can attract hit and run charges and lessen your chances of attaining full compensation for your losses.

Call the Police

If there is a severe injury or vehicle damage, you should call the police immediately. When a police officer arrives at the accident scene, you should cooperate with him/her and provide details of the collision. Even if the damage was minor, it is still advisable to call the police to come and assess the situation.

If necessary, the officer could provide your attorney with relevant evidence to help determine the at-fault party in the accident to pursue your compensation without delay. Ensure you ask the officer to give you a copy of his/her report on the accident.

Gather Relevant Information and Evidence

Although the officer will collect most of the evidence you need on your claim, it is vital to gather information and evidence that could help strengthen your claim against the at-fault party or their insurer. Talk to other drivers who could be liable for the accident and write their names, insurer names, addresses, contact information, and insurance policy number.

After that, you can use your phone to record or take pictures of the current road condition, weather, road signs, vehicle damage, and your injuries. If possible, you can also talk to one or two eyewitnesses to hear what they have to say about the cause of the accident. Also, do not forget to ask them to give you their contact numbers because you could need them to testify in court.

Seek Medical Assistance

Even if you cannot see or feel any physical injuries on your body, it is vital to seek medical assistance after a car accident. Visiting a reliable doctor immediately after an accident is a brilliant idea for a thorough medical evaluation to determine whether or not you have an internal injury or any other severe medical complication you cannot see with your untrained eyes.

After receiving the necessary medical assistance, do not forget to keep up with all your follow-up appointments required on your journey to recovery and healing. Ensure you keep all your medical cost receipts, including medication and therapy costs, to strengthen your compensation claim against the at-fault party insurer.

Inform Your Insurance Provider About the Accident

As part of your insurance coverage or policy agreement, you should inform your insurer when you suffer an injury or experience vehicle damage in a car accident or collision. Call your insurance provider soon after an accident and give them the location of the accident scene and the number of cars involved.

Beware not to disclose more information than is necessary to your insurer because they could use anything you decide to tell them against you for a low settlement offer for your losses. Once you report your collision, your insurance provider will do the following:

  • Assign you with a claim number
  • Appoint claim adjuster (s) to your case

Claim adjusters will typically contact you within a couple of weeks after filing your claim to gather information about your injuries and the accident.

Call a Credible Injury Attorney

Retaining the services of an attorney is another critical step to take after a car accident to protect your best interests. Apart from protecting your legal rights, your injury attorney will help you deal with insurance adjusters to fight for fair compensation for your losses resulting from the accident.

Since there is a statute of limitations for these types of claims, it is wise to hire an attorney immediately after an accident. The sooner you contact an injury attorney, the better to investigate the accident case and prepare evidence to help you fight for a fair settlement offer for all your losses.

Below are tips you could want to consider when finding an injury attorney for your Allstate insurance claim:

  • The attorney's experience
  • The attorney's reputation
  • The attorney's cost of services
  • The attorney's accessibility
  • The attorney's availability
  • The attorney's qualification and area of specialty

Allstate Insurance Claim Process

Typically, you can start your Allstate insurance claim process online by visiting the company's website, using a mobile application, or contacting the company using their phone number. Your attorney will help you prepare a demand letter, which should include the following information:

  • All your medical expenses
  • Vehicle repair costs
  • The monetary amount you need as compensation

Once you file the demand letter, you will receive a claim number to help you track the claim progress online. Next, Allstate claim adjusters or agents will evaluate your damages and take you through available repair choices if you have vehicular damage.

At this juncture, your photos and videos of your car damage could come into play to help convince the adjuster you deserve adequate compensation for your vehicle repair costs. After evaluating your damages resulting from the accident, the adjuster will give you a repair estimate and any additional information about your claim settlement.

Your claim settlement will significantly depend on the terms and conditions of your insurance policy. After reviewing your repair estimate, you can have your vehicle repaired by an independent mechanic or by an auto repair shop recommended by Allstate.

It does not matter whether you are filing a claim against your auto insurance provider or the at-fault party insurer, dealing with Allstate insurance adjusters is a tricky experience. In many cases, these insurance adjusters will shift the financial burden and liability of the accident to you. In doing so, they often seek to deny or reduce your compensatory damages for your losses and injuries.

Hence, it is wise to have a skilled attorney negotiate with the insurance adjusters on your behalf if you want fair and favorable compensatory damages for your injuries and losses arising from the accident.

How Allstate Insurance Adjusters Determines Your Claim's Worth

Allstate insurance adjusters will typically value your claim using computer software known as Colossus. Colossus software will calculate your potential injury settlement offer based on the following factors:

  • Your age
  • The severity of the injury
  • Your attorney's record of filing lawsuits and taking cases to trial

Although the colossus software system makes the claim process appear easy, several customers complain about it for unfairly reducing a claim's worth below the actual value. Some customers have also criticized Allstate for aggressively defending this system's calculations when injured customers challenge the unfair settlement amount offered by Allstate.

If you want to stand a chance of achieving fair compensation when dealing with an auto insurer like Allstate, it will help to have a skilled and experienced attorney in your corner during the claim process.

How an Attorney Can Help You If You Want to File Compensation Claim With Allstate

Generally speaking, large companies like Allstate will not bow down to your demand without a blow. Allstate would rather invest in attorneys and claim adjusters than give you the compensatory damages you deserve for your injuries resulting from an accident. Their dedicated insurance or claim adjusters will tirelessly ensure you walk away with the minimum amount of money possible.

To increase your chances of attaining adequate compensation on your Allstate compensation claim, you should retain the services of a skilled attorney for the following reasons:

Your Attorney Will Help You Calculate Your Claim's Worth

Although the Colossal system includes your injuries when calculating your case's value, it does not include other losses like pain and suffering you are likely to experience due to these injuries. If you have an attorney in your corner, he/she will ensure you have adequate compensation for all your losses arising from the accident, including lost wages and emotional distress.

Your Attorney Will Be Your Voice During Settlement Negotiation

Allstate insurance adjusters will typically contact you or your attorney within 30 to 40 days after filing your demand letter. How long it will take before you receive a response from Allstate after filing a demand letter will depend on how busy the company is and how long their claim adjuster needs to go over your claim.

Although you are free to accept any settlement amount the insurance adjuster offers, if you have an attorney in your corner, you could qualify for more significant amounts that you deserve for all your losses. Most people do not realize hiring an attorney in a personal injury case will not cost you anything until you win your case.

Your attorney will meet with the Allstate insurance adjuster to negotiate a favorable settlement offer for your losses resulting from the accident. Below are examples of evidence your attorney can apply to strengthen your compensation claim with Allstate:

  • Property damage quotes
  • Medical bills
  • Witness statements
  • Police reports
  • Photographs the vehicle damages and your injuries
  • Vehicle repair estimates

Typically, the more evidence you have, the higher your chances of achieving satisfactory compensatory damages for your injuries and losses arising from the car accident. Even if you were partially at fault in the accident, your attorney could help you achieve fair compensatory damages based on your degree of fault in the incident.

Your Attorney Can Help You File a Lawsuit

Do not be surprised if it becomes necessary to file a lawsuit against Allstate to recover deserved compensation for your injuries and losses resulting from the accident. If your attorney cannot reach a favorable settlement deal, filing a lawsuit against the company could be the only way to recover satisfactory compensatory damages you require to live a comfortable life after an accident.

Typically, you have a maximum of two (2) years from the date of the accident/injury to file a lawsuit against the party you suspect could be liable for your injuries resulting from the accident. The filing of a lawsuit is enough to convince Allstate to negotiate a fair settlement. However, if the company is not ready to give you a reasonable settlement offer for your losses, you should consider taking your case to trial.

At trial, a jury or a judge will have the authority to determine whether or not you deserve compensation for your losses resulting from the car accident. To stand a chance of achieving a favorable outcome on your lawsuit against Allstate, you should hire an experienced injury attorney.

Like any other personal injury lawsuit, your attorney must be ready to prove the defendant was negligent for an award of compensatory damages. To prove negligence in a personal injury lawsuit, your attorney must prove the following elements to the court:

     1. Duty of Care

The outcome of your injury lawsuit against Allstate will depend on whether or not the defendant (the alleged driver) owed you a duty of care. Duty of care is typically the legal responsibility everyone has to avoid hurting or causing harm to other people.

For instance, on the road, every motorist has a legal responsibility to operate his/her vehicle cautiously to avoid causing foreseeable accidents.

     2. Breach of Duty

In a personal injury lawsuit, proving the defendant owed you a duty of care is not enough. You must also prove the defendant breached his/her legal duty of care. Typically, the defendant breaches his/her duty of care when he/she fails to act or behave as a reasonable person would under similar circumstances.

     3. Causation

Your attorney must also prove the defendant's action or inaction was the cause of the accident that led to your injuries. That means the accident would not occur if it were not for the defendant's behavior or conduct.

     4. Damages

Finally, your attorney must prove the defendant's action or inaction led to your injury and other losses resulting from the accident. To prove this element of negligence, your attorney could provide the following evidence:

  • Medical expenses
  • Vehicle repair costs

Damages You Could Win In Your Allstate Injury Lawsuit

If everything goes in your favor on your auto insurance lawsuit against Allstate, you could recover economic and non-economic damages. Economic damages will cover the following type of losses:

  • Medical expenses
  • Lost income
  • Lost earning capacity
  • Property damage
  • Out-pocket-expenses
  • Funeral and burial expenses

On the other side of the coin, non-economic damages will cover losses that you cannot attach a monetary figure, such as

  • Emotional distress
  • Loss of enjoyment in life
  • Pain and suffering

If a loved one dies due to another person's negligence, you could also qualify for damages in a wrongful death lawsuit for the following types of losses:

  • Loss of a companion (If he/she was your spouse)
  • Medical expenses
  • Funeral expenses

Find a Las Vegas Personal Injury Attorney Near Me

If you or your loved one has a loss or injury that should be covered by Allstate, hiring an attorney is a wise idea to stand a chance of achieving a favorable settlement offer or verdict on your lawsuit. We invite you to call the Los Angeles Car Accident Attorney at 424-237-3600 to discuss your accident case with our understanding and reliable injury attorneys.