California Personal Injury Lawyer Assisting Clients with Allstate Insurance Claims

When you have been paying Allstate insurance premiums for years or even decades in Los Angeles, you probably expect that your insurance company will be there for you in the event of a serious car accident. However, it is important for all drivers in Southern California to understand that the insurance company is never on your side when you are dealing with a motor vehicle collision. Insurance companies like Allstate want to keep costs as low as possible, and sometimes that means lowballing settlement offers and looking for any mistakes the insured might have made that could allow the company to limit or deny coverage.

After you are involved in an auto wreck, you will need an experienced Los Angeles Allstate insurance lawyer to advocate for you and for your right to compensation. We can negotiate with the insurance company on your behalf, and if your claim has been denied by Allstate, we will work tirelessly on your appeal.

What You Should Do If You Have Been Involved in an Accident in Los Angeles

If you have been involved in a traffic collision in Los Angeles, there are certain steps you will need to take in order to remain eligible for compensation. The California Department of Insurance (CDI) provides the following checklist for what to do after an accident:

  • Stop your vehicle and move out of the vehicle if it is safe to do so;
  • Call 911 if anyone has been injured;
  • If there is obvious property damage or anyone has been injured, call the police;
  • Obtain information from everyone involved in the accident, including names, contact information, driver’s license numbers, and license plate numbers;
  • Obtain witness information, including numbers and contact information;
  • Take photographs of the damage and the scene of the crash;
  • Contact your insurance company as soon as possible, whether it is Allstate or another insurer; and
  • Report the accident to the California Department of Motor Vehicles within 10 days if the damage exceeds $750.00.

Communicating with the Insurance Company After an Accident

You will need to contact your insurance company after the accident, regardless of whether you were at fault and regardless of whether you plan to file a claim through your own insurance company or through the negligent party’s insurer. If Allstate is your insurance company, you will need to answer objective questions, including details from the accident. However, you should not respond to any questions that ask you to give your opinion until you have discussed your case with a Los Angeles traffic accident lawyer.

Stick to the facts when you speak to the insurance company, and then contact a Los Angeles motor vehicle accident lawyer to hire an advocate who will be on your side throughout the claims process.

How Do I File an Insurance Claim for a Los Angeles Collision?

Should you file a claim through your own insurance company or through the other driver’s insurance? Maybe you have an insurance policy through Allstate, or maybe you are dealing with Allstate because you decided to file through the other driver’s insurance. Let us tell you about the options:

  • Filing through your own insurance company: If you have Allstate or another insurer, the first option after an accident is to file a claim through your own insurance company regardless of fault. In other words, even if you weren’t at fault and it is obvious that the other driver’s careless or reckless behavior caused the crash, your insurance coverage allows you to seek compensation from your own insurance company. In some cases, this might be your only option if the other driver is underinsured or uninsured. Many California drivers rely on Allstate underinsured and uninsured motorists protection. If the other driver is adequately insured, you may still file through your own insurance company because it can be quicker, but you will need to pay your deductible, and your premiums may end up rising.
  • Filing through the other driver’s insurance company: When the other driver is at fault, you may choose to file a claim through that driver’s insurance company. This is typically known as a third-party car insurance claim. If it is Allstate, you will need to file a claim and provide information about the accident. Allstate may try to argue that its insured was not actually at fault and may try to deny your claim.

Whether you file through your own or the other driver’s insurance, Allstate may try to offer you a settlement. You should not accept or agree to anything until a Los Angeles Allstate insurance attorney has reviewed your case.

Rights Under the Fair Claims Settlement Practices Regulations

Allstate and other insurance companies in California are bound by the Fair Claims Settlement Practices Regulations. Generally speaking, if you are filing a claim through Allstate, that insurance company is required to do all of the following:

  • Coverage and benefits: Advise you of benefits, coverage, time limits, and other relevant insurance policy provisions;
  • Claims process: Acknowledge your claim, start an investigation into your claim, provide you with forms and instructions for your claim, provide you with reasonable assistance in your claim no later than 15 days after receiving your notice of claim;
  • Communication: responding to communications from you no later than 15 days after receiving them:
  • Settling the claim: offering you a fair settlement, which must include taxes, license, and transfer fees, and must provide you with the value of a comparable vehicle;
  • Closing the claim: accepting or denying your claim no later than 40 days after receiving the proof of claim, and once a claim has been accepted, paying out your claim no later than 30 days after the settlement was reached.

In some circumstances, Allstate also must pay reasonable towing expenses. The insurance company is also required to advise you about whether it will pursue subrogation if you have filed the claim through your own insurance company. If Allstate is your insurance company and it pursues subrogation, it must also seek to recover the deductible you paid.

No Attorney’s Fee Unless We Get You Money

You pay nothing upfront when we take on your case. Since we work on contingency basis, you only pay if you get money. This allows you to focus on treatment and recovery from your accident, while we focus on what we do best.

If you are worried that the attorney fee might not be worth it, then consider the following:

In most situations, the settlement amount negotiated by your attorney is two to three times higher than any money received by an injured person who is not represented by an attorney.

If you are not sure whether or not your claim is worth hiring an attorney for, please give us a call and we will give you free consultation and assist you in evaluating your case.

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Contact Our Allstate Insurance Lawyers in Los Angeles

Do you need help obtaining compensation for a car accident? Or do you need assistance appealing a denial of benefits? An Allstate insurance lawyer in Los Angeles can get started on your claim or your appeal today. Contact Fisher & Talwar today.