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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116818
Experience:  Attorney experienced in commercial litigation.
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I was involved in an auto accident last November where the

Customer Question

I was involved in an auto accident last November where the other driver was at fault and ticketed by the police for the accident. Unfortunately, I decided to handle the claim myself and have had nothing but problems dealing with the Allstate claims department. My car was in the body shop for nearly a month, and I drove a rental car which was to be paid in full by Allstate. They only paid for part of the rental and I am being stuck with $673 bill. I was told by the rental rep that my credit card was for "incidentals". Allstate says the body shop took too long to bill them, but I was in constant contact with the body shop and my contact told me that the holdup was with Allstate. I completely believe the body shop rep; it was nearly impossible for me to speak to my claims adjustor. It has been a nightmare!
What should I do next? Would it be easier on me to hire a lawyer should I file a small claim against the driver?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Allstate is one of the worst insurers to deal with. You need to start by writing a demand letter explaining their insured was at fault and then give an itemized list of all of your damages. Tell them that their refusal to pay is bad faith as there is no disputed fault. Tell them if they do not pay your demand you will file a complaint with the state insurance commission for their bad faith handling of your claim. If that fails then your final option is filing suit for all of your damages in small claims. But try to deal with them through a demand letter and insurance commissioner first