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Auto Insurance Complaints

Complaint 6 of 20 in "Fault and No-Fault Issues"

Insurance Carrier: Allstate Insurance
State: Florida

Consumer Complaint:

I was vacationing in Illinois, and had a car rental (paid for insurance with rental). I was rear-ended, and not at fault per police report. I had the same insurance as the prospect. Allstate has filed a claim against me in this manner. I was told it was dismissed and a letter would be sent to me proving I was not at fault. I never received letter, and there is an outstanding claim against me. I have since cancelled Allstate, and have to pay a higher premium because of this claim. I have all police reports of accident proving I am not at fault.

Insurance Expert Answer:

If you were rear ended, the driver who rear ended you is presumptively regarded as at fault. Of course, if it is shown you were in reverse and backed into the driver behind you, that initial presumption would be overcome. The other driver could sue on his own and try to prove that you backed into him or stopped short. (Police records do not definitively establish guilt or innocence.) Allstate would have had to defend you if you told them. But still a claim would have been made against you - even an invalid claim. You should write to Allstate and demand an explanation. It owed you a duty of good faith. And it owed a duty to defend you and pay any claims against you. So I can not understand how this happened. Now that time has lapsed it may be harder to figure out but start with a letter to Allstate's VP for claims.