• Report: #1331888
Complaint Review:

Allstate Insurance Company

  • Submitted: Thu, October 06, 2016
  • Updated: Thu, October 06, 2016

  • Reported By: Brian — Key Largo Florida USA
Allstate Insurance Company
Nationwide USA

Allstate Insurance Company Allstate claims we are 20% at fault for one of their clients backing into our vehicle. Will not cover repairs. Key Largo Nationwide

*General Comment: 100%

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Our vehicle was turning left onto a side road off of the main road, and was hit by another backing out of a side parking lot. Their vehicle hit the front passenger fender and passenger side door of our vehicle. We had an estimate done with a total of $1978.97 which Allstate approved as fair.

 

I received a call from their claims adjuster saying that we were 20% at fault and that they would cover 80% of the repair. The other motorist was ticketed for improper backing. He is saying that we are 20% at fault because we should have avoided the accident.

 

We do not believe that we are at fault, and since I do not have collision coverage with my insurance company they will not mediate with Allstate, so the 20% (roughly $395.80) is an out of pocket expense for us. Furthermore, Allstate is only stating that they will cover 80% of a rental car cost while mine is being repaired. [continued below]....

.....

 

Their adjuster (John Hall) is stating that should have made maneuvers to avoid the accident (this is why she is 20% at fault) There is a pedestrian crosswalk that crosses the street we were turning onto, and we were looking left to make sure it was clear of pedestrians, when the other driver backed out from a parking lot hitting the right side of our vehicle. We were not ticketed.

 

We contacted the Florida Dept. of Financial Services and was told that they cannot enforce Allstate to cover 100% of our vehicle

 

Is there any advice as to what I can do? I think my only option left is small claims court


This report was posted on Ripoff Report on 10/06/2016 08:58 AM and is a permanent record located here: http://www.ripoffreport.com/reports/allstate-insurance-company/nationwide/allstate-insurance-company-allstate-claims-we-are-20-at-fault-for-one-of-their-clients-b-1331888. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 General Comment

100%

AUTHOR: Tyg - (USA)

 The ONLY way that YOU wouldnt be at fault in some way is if they backed into your vehicle WHILE IT WAS EMPTY!!! It may not seem fair but it is, YOU just THINK that YOU shouldnt have to pay. THAT is on YOU!! YOU HAVE ASSUMED!!! You wont win in small claims because THEY can show that someone was driving the vehicle!! Be happy its ONLY 20%. You WERE at fault for not taking the proper care in turning obviously and at fault for NOT attempting to dodge the vehicle backing out. The vehicle backing out had back out lights which had YOU been paying attention would have and should have seen and been able to avoid. So stop trying to play the victim because YOU DID have a part to play in the accident. Just because YOU THINK you shouldnt be held liable doesnt make it REALITY!!! The person backing out didnt take the proper care and YOU didnt take the proper care in turning and THAT IS ALL!!!!! While im 100% sure that YOU wish to stand on principle but the reality is that principle isnt a box or stand. Its YOUR belief that causes YOU to act that way. Do YOU really want to have to deal with LOSING?? IF YOU lose your case and THEY counter claim its YOU and ONLY YOU that is going to suffer AND PAY!!! Its a small amount in the grand scheme of life, pay it and move on. Drive better and YOU can avoid like 90% of the idiots out there driving.

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