Need legal advice re: insurance company

[Checkmate]

Yeah, I know that 's a bad subject, but here it is.
October 15th 2006 My truck (while parked) was hit by a 38 foot 10,000 lb boat that was launched off it's tri axle trailer after the truck hauling it hit a mini van, went through a guardrail, and jack knifed. My truck was hit across the front and was shoved backward 3 to 4 feet into my boat trailer which then shot back another 3-4 feet.
ALLSTATE is the other guys ins. co. and they are agreeing to the $6,000+ in body damage to my truck, but are refusing to fix the manual transmission which now has a tooth missing on third gear (the gear it was in when it was hit) The ins. guy says there is no way that the gears could have been broken due to the impact, since "3rd gear is not a locking gear and the truck would have just rolled" I said, well then you explain the skid marks from MY truck while it was Parked.
Anyway they told the body shop (I actually have a copy of the note) to have the trans torn down and looked at. Now ALLSTATE wants ME to cover the cost of removing and inspecting the trans because they state it's not their fault.
I was pissed after hearing from the adjuster who kept cutting me off. I drove to the transmission shop and asked the worker and the owner if there is any way this could have been "wear and tear " like the guy said. They said, teeth don't break off like this from wear and tear and that they both argued with him about it. ALLSTATE is trying to say that the rear bearing was bad (which the trans shop says is true) and that the extra "play" in the transmission caused the breakage. Transmission shop says "yes the bearing was worn, NO it didn't cause the break.
I decide to go through my own insurance company...not looking good either. They will take over, but they want me to use their facility, which may cost me more in the long run. I have a $1000. deductable i would have to front, AND I would lose the rental I have through ALLSTATE. I don't know what to do. It wasn't my fault, but whatever I do now I am out at least $1,000. Which I don't have.
What to do, what to do
To top it off, I haul a jobsite trailer at least 1 time a week and this POS Chevy 1500 they gave me won't pull the damn thing over 50mph and my current job is 65 miles away!! I told the adjuster that too and he was just silent on the phone.
ANY advice herewould be great. Thanks, Dan

[DSW]

ask for a reach-around....

[Chromegorilla]

Is this the same accident that the driver was towing his 38' Cig and ran the stop sign killing the lady in the mini van? This one.... http://www.nbc4i.com/newsarchive/10086126/detail.html ?
Ahhh...I remember you post from OSO.... CheckmateR1....
Anyway i would keep pushing the issue with Allstate. Lawyer up if needed...

[Checkmate]

Yes, that's the one.
Can you believe of all the losses incured in this accident that they are bickering with me over a $3,000 dollar transmission.

[ULTRA26 # 1]

Sorry to hear about the BS you are going through. I have managed an auto claims department for 16 years and have been in the business for 22 years. Allstate is out of line on this call. I suggest that you nicely go above the handling adjusters head, to a supervisor or manager. It shouldn't be difficult to get them to understand that a broken gear is loss related, especially since your truck was parked. Explain that it you had a boat and trailer hooked to your truck which would cause much more stress on the gear the truck was parked in. Also, it would be unlikely or impossible for you to e towing a boat
and trailer with a tooth missing from 3rd gear. I can't imagine them denying that part of your claim. You also have the option of small claims court. Your own carrier will charge betterment on the trans which depending on the
truck's mileage, could cost you up to 50% of the cost of the parts. The other option for your carrier would an LKQ trans (like kind and quality, means used) This option wouldn't cost you additional cash. Let me know how this progresses. What are the specifics regarding your truck Yr Mk mdl, condition and mileage?
John M

[wsuwrhr]

Automatic transmissions are prone to destroying the rear sprag and/or parking pawl in events like you described, a manual transmission would have the same problems.
Problem is you are dealing with an insurance co and just like everyone else, they are in business to make money. One of the ways they save money is to keep the costs of claims as low as possible.
I'm sure the adjuster is just hoping you will go away. Since there is a fatality in the same claim, they have their hands full enough to worry about your problems. Make our voice heard even if you have to bend an ear.
I am surprised your insurance company isn't helping out much.
Brian

[wsuwrhr]

Yes, that's the one.
Can you believe of all the losses incured in this accident that they are bickering with me over a $3,000 dollar transmission.
Because it is ANOTHER $3,000 the insurance Co has to come up with. They already have their ass in a vice.

[ULTRA26 # 1]

Bottom line is if the at fault party has property damage limits high enough to cover all losses, the additional 3K shouldn't be an issue.
John M

[wsuwrhr]

Bottom line is if the at fault party has property damage limits high enough to cover all losses, the additional 3K shouldn't be an issue.
John M
With a fatality, that may be the reason why he is having a hard time.
Might have to sue to get his chit fixed right.
Brian

[ULTRA26 # 1]

He shouldn't have to sue. In CA Allstate would have a hard time getting away with such BS. The CA Dept of Ins. is tough on improper denials.
John M

[Partycattin]

1) Take close up photos of the gear and broken tooth.
2) Have the tranny shop write up their opinion.
3) submit the photo and write up to the claim rep's boss.
If that doesn't work, submit a complaint to the department of insurance explaining that you followed Allstate's protocol and based on the tranny shop the damage is loss related.
Smalls claims and arbitration are another option.
Allstate needs to have done a reasonable investigation to back up their denial or they could be facing a bad faith suit.

[Checkmate]

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 WTF ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!

[BRAWNY]

"LARRY H PARKER" :idea:

[Norseman]

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 WTF ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!
Allstate has a department that deals with customer complaints. I had a van hit in jan and was not satified with thier settlement offer. Truck was in very good condition but had lots of miles. They offered me about $1000.00 less than I thought it was worth.
I kept calling the adjuster and asking to speak to his supervisor and finally got a call back from someone a couple of levels higher than the guy that did the original appraisal. He was part of a team that Allstate has to review customer claims. He agreed to look at the truck again, and agreed with my figures.
Complain to the guys your dealing with, and get thier supervisors names and call them.
Might be worth the effort it was with me!!

[Scream]

I had an issue some years ago with 20th century. I was hit head on by an driver that had been excluded from the vehicles insurance he was driving.
A few other factors were involved as well. To make a long story longer...we were denied the claim and pretty much told to pound sand. I argued with them for a time, but they wouldn't give in. I called the department of ins in Ca and got nowhere. Finally I called the BBB, Better Business Bureau...the had me submit a claim online with the facts as I knew them. Within 48 hours I had 20th century calling and kissin my butt. The paid the claim and wished us continued good health yada yada yada...
Use every FREE avenue before pulling the "bad faith" suit card. You can use the words "bad faith" with the adjuster, that might shake him up a bit. Good luck.

[CBadDad]

Insurance companies don't make millions of dollars by paying out claims. You're gonna have to fight them to make it right. That's just how it is.
On another note, do you not have insurance? If you do, why are you dealing with these jackasseses? I would have my insurance deal with this BS and have them get back to me when everything is taken care of, not before. That is why you pay 'em.
Best of luck.

[Checkmate]

you guys are right, I am going to go through my own ins. co. I didn't before because they told me I would have to pay the $1000 deductable and that my rates would probably go up.

[Partycattin]

You can use the words "bad faith" with the adjuster, that might shake him up a bit. Good luck.
Only rookie adjustors would be shaken by this. It's right up there with the threat of getting an attorney. That doesn't scare them either. In fact, many adjustors would rather deal with an attorney, less drama typically.

[Partycattin]

you guys are right, I am going to go through my own ins. co. I didn't before because they told me I would have to pay the $1000 deductable and that my rates would probably go up.
Your insurer should pay your claim (less the deductible) and then go after allstate for reimbursement. You would want to supply your insured with the photos and write up from the tranny shop so they don't get screwed when they subrogate Allstate.
Most companies will reimburse your deductible if they recover any monies from the other carrier or responsible party.

[YeLLowBoaT]

From Me exp with INS companys you can say what ever you want and contact what ever state dept you want... the only thing that gets thier attention is getting serverd. In less then 2 hours I had 6 phone calls( 4 from the home offices legal deptment)...I had only gotton 1 phone call b4 that...and that was almost 7 weeks b4 I got pissed and sued.

[austin04]

bad faith only applies to insureds. As you do not have a policy with them, you cannot sue for bad faith.

[HocusPocus]

i had a car that was parked in a space at my kids school, a lady backed up her f250 into it and of course messed up the car pretty good. Her ins company said my car was a total loss.. which i belive is a scam! they didn't even come close to the value of the vehicle with the settlement and if there is no personal injury don't count on a lawyer to help much, i called 3 of them at the time and was told by each it wouldn't be worth their time or my money to argue over a couple grand. afer 3 months of dealing with this ins company i didn't get a penny more then their original offer. im sure this accident even though not your fault in any way will still cost you in the end.
good luck, i hope your story turns out much better then mine did.

[ULTRA26 # 1]

1) Take close up photos of the gear and broken tooth.
2) Have the tranny shop write up their opinion.
3) submit the photo and write up to the claim rep's boss.
If that doesn't work, submit a complaint to the department of insurance explaining that you followed Allstate's protocol and based on the tranny shop the damage is loss related.
Smalls claims and arbitration are another option.
Allstate needs to have done a reasonable investigation to back up their denial or they could be facing a bad faith suit.
Your 1, 2 and 3 are excellent pieces of advice as is your suggestion regarding submitting a complaiint. In CA arbitration or a bad faith suit are not options. Not sure if this is true IL, but if needed I can find out.
Your suggestions 1, 2 and 3 should do it.
John M

[ULTRA26 # 1]

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 WTF ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!
How much could you have sold the truck prior to the accident?
If you are referring the buy back, as meaning you retaing the salvage, this Company is acting outside of basic claims handling custom and practice, and probabally the law.
Either I missing something or you need to contact your State's Dept. of Ins.
John M

[ULTRA26 # 1]

Your insurer should pay your claim (less the deductible) and then go after allstate for reimbursement. You would want to supply your insured with the photos and write up from the tranny shop so they don't get screwed when they subrogate Allstate.
Most companies will reimburse your deductible if they recover any monies from the other carrier or responsible party.
You obviously been around insurance. What seems to be happening here is checkmate wants Allstate to pay for a new trans. If he goes through his own carrier, unless we are talking about a new truck, checkmate will be paying for portion of a new trans., in the form of betterment. Checkmate's carrier could include the betterment amount in thier subro demand, but Allstate will propperly deny this portion of the demand. In the case of a total loss, if checkmate's carrier accepts that the trans is loss related, they will pay the insured value of the truck less deductable. When they subrogate, if Allstate tries to deny the trans as old damage, checkmates carrier can file for inner company arbitration, and prevail. Just my .02
John M

[BoatPI]

Write a letyter to the state department of insurance. This should get the ball rolling. I will bet that this will go to arbrtration first. You need to have all of your ducks in a row, letters or estimates, photos, and if you have loss of work or trailers, that has to documented also. It does take time. Ultimately small claims against the at fault party is an option. They in turn will yell to Allstate about a bad fath clim if they loose in court.