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Auto Insurance Complaints

Complaint 10 of 20 in "Fault and No-Fault Issues"

Insurance Carrier: Allstate
State: Florida

Consumer Complaint:

My son was involved in an auto accident. He was making a left hand turn; the other driver was coming from the opposite direction and was in the right turning lane with her right turn signal on. At the last second she changed lanes to the left to continue straight causing the impact of the two vehicles. She was cited for improper lane change and careless driving. Both parties have Allstate. Allstate claims that my son is 75% liable for accident and only offering $700 towards his car that was totaled (95 infinity J30)

Insurance Expert Answer:

If there was collision insurance on the car let your carrier handle it under the collision policy. If there was no collision, as I assume on a '95 vehicle, then you have a claim against the other driver. I have no idea what the car was worth or its condition before the accident, but $700 seems very low. All claims depend on the facts of the case. I was not there, you were not there, and the police who issued the citation undoubtedly did not witness the accident. While the fact that the OTHER driver was cited suggests that the other driver was (probably primarily) at fault, that's based on after the fact reports made to the patrol officer. Patrol officers are not judge and jury. People often change their stories about what happened. If the other driver was found guilty or pleaded guilty to the ticket, that would establish she violated the law and she was at least somewhat responsible for the accident. If your son was not charged, that would tend to show he was not violating any traffic laws. Allstate has earned a poor reputation among lawyers and others who deal with claims. My sense is they are trying to short change you. The fact that they are also your carrier suggests they are trying to minimize liability -- unfairly and at your expense -- but in a case like this they are really no different than if the other driver was insured by someone else. In this case I would suggest that you speak to a lawyer about the matter or go to small claims court. My sense is you'd get a lot more than they are offering.