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problems with Allstate

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inct

Guest
I live in CT. I was involved in an auto accident while working as a sales rep. The other driver was found 100% at fault for running a red light.
Both cars were totalled, and I have a 15% permanent disability, and was unable to return to work. Because I was at work I had to go through worker's Comp. They have paid me 60% of my salary and my medical bills. This has totalled $110,000.
Becuse the other driver was underinsured, I had to go through the underinsured provision of my policy with Allstate.
I just got notification, that they have reduced my settlement by the $110,000 that my Worker's Comp carrier has paid me. WHich means they will pay me nothing. This doesn't seem right. They have not payed out anything, but because another company has, they say they don't have to pay. I thought I should at least be able to settle for the amount of lost wages (hte other 40% that Worker's Comp isn't paying).
Does anyone know if they can do this?
Thanks
 


JETX

Senior Member
Your insurance subrogated the loss with the workmens comp carrier... that is because you were injured while working....

You can file a suit against the other driver for your additional losses over and above coverage. However, since he didn't have insurance, he may not have anything to pay a judgment with either.
 

stephenk

Senior Member
You already settled with the other driver's insurance company, correct? You have no further recourse against the other driver.
 
I

inct

Guest
Thanks for the quick reply. The underinsured driver's insurance co subrogated the total amount of his insurance ($20,000) to my Worker's Comp carrier, but the carrier told me that under CT State law they could not tough the proceeds from my own insurance.
 

stephenk

Senior Member
here is where you are stuck. you have a workers compensation lien of over $100k. The other driver's insurance pays their 20K toward your case. WC gets first cut of the proceeds because they are entitled to be reimbursed for what they already paid you.

Now your own insurance policy has a limit of what? It isnt more than 100k right? So your carrier has to pay the WC lien also.

What does that leave you? Nothing except you do get to continue to receive WC benefits and treatment.
 
K

Kevin O'Keefe

Guest
inct said:
I just got notification, that they have reduced my settlement by the $110,000 that my Worker's Comp carrier has paid me. WHich means they will pay me nothing. This doesn't seem right.
It may not be right. Many states have a statute that establishes a formula as to how the settlement from a third party(other than the comp carrier) is to be distributed. It would usually result in a cushion to be paid to you. At the same time how the underinsured policy reads and how "underinsured" is defined in the policy may impact this.

This is the type of issue that must be looked at by a good local experienced lawyer who specializes in representing injured people. You can talk with the best at no expense to get a feel how this should be addressed. You owe to yourself to talkk to such a lawyer. If you need help in locating a good local lawyer, ask me or another lawyer for some names.

By the way I would not trust Allstate any further than I could throw them. They watch out for no one other than themself and are not called "All Stone" for nothing.

Best of luck and take care of yourself.

- Kevin
 

JETX

Senior Member
I misread the original post and thought that the other driver was UNINSURED, not underinsured.

Since underinsured, StephenK's post was correct.
 
I

inct

Guest
You guys are great, I really appreciate the feedback. So far I'm representing myself. But after today that will might have to change. I thought that because I had lost more that the policy amount in lost wages, that it would be easy - I guess I was wrong. From everything I've heard Allstate is tough to deal with. They have not treated me well, and I'm hte one paying the policy. I can just imagine how they must be when someone gets hit by their insured. I had spoken with a lawyer early on, and they said that in CT Workers Comp could not put a lein on my personal insurance, but they did take the $20,000 from the other driver.
 
A

aahlee

Guest
INCT:

Allstate will raise your rates next renewal time, since they had to pay out for your cliam, read it its in your policy.(even if you are not at fault!)

So be prepared to fight yell and report them to the CT insurance commissioner ...you claim insurance fraud, and hopefully they will listen to you and give you back your lower rates.


-------

By the way I would not trust Allstate any further than I could throw them. They watch out for no one other than themself and are not called "All Stone" for nothing.
 
Last edited:
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Kevin O'Keefe

Guest
re insurance rates

inct said:
The news just kepps getting better and better...
There are certain things you can control and certain things you can not. Increasing rates from one company is not someting within your control and is not in the top 50 things one should consider when seeking fair and adequate compensation when the victim of another's negligence.

It is a terrible shame that insurers have us place consideration of rates over seeking help from someone who would truly look out for our interests - a good lawyer.

- Kevin
 
P

ProResearch

Guest
umm, as a side note: I had Allstate insurance when I had my car wreck where the jerk ran the stale red light in 2001. They were totally upfront with me and assisted me beyond what I anticipated -- and although I had to 'haggle' to get fair compensation when my 93 Jaguar Vanden Plas with 56K miles was totaled, I was okay with it in the end as they came up twice on the offer after I presented evidence as to why my car was worth more than their initial offers.

The at-fault driver had $10K in state minimum property damage coverage. My vehicle had over $16K in damage, therefore my collision paid out to me. Allstate then subrogated the at-fault driver's insurance company for what they could get -- 10K.

They did NOT raise my rates either. I think so much more depends on raising one's rates. Where does all this propaganda come from? lol... the most judicious answer is... it depends!
 
V

vt123

Guest
You may can subrogate with the medical insurance for a lower rate. Call them and tell them you are handling your own case and could they settle for a lower amount. It works sometimes I have been told.
 

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