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re: At Fault Driver refuses to cooperate with Insurance Co.

Posted on 3/12/24 at 12:18 pm to
Posted by Skippy1013
Lafayette, La
Member since Oct 2017
514 posts
Posted on 3/12/24 at 12:18 pm to
The insurance “Policy Conditions” require a customer to cooperate with their insurance company for coverage to become applicable. However, Louisiana is a “Direct Action” state, meaning the insurance company is liable just as the customer, sometimes referred to as “standing in the shoes” of their customers. Based on this, they should properly investigate the claim and make payments as they should based on their investigation, regardless of what the customer days or does. Also, keep in mind, the liable party only owes ACV, the depreciated amount of the damages, so you may be better off filling under your policy that will pay full repair cost.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98860 posts
Posted on 3/12/24 at 12:23 pm to
quote:

The adjuster called and left me a message stating they would not be able to pay the claim because their client will not call them back.

What kind of bullshite is this ?


fricking Allstate. Sounds like theyre begging for a bad faith suit.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6446 posts
Posted on 3/12/24 at 12:29 pm to
I'd bring all this shite to my agent and dump it on his desk.. That's his job. If he doesn't handle it, find another agent or company altogether.

ETA- Uninsured Motorist is not what some people think it is. It's another money maker like GAP insurance.
This post was edited on 3/12/24 at 12:31 pm
Posted by Cell of Awareness
Member since Jan 2024
130 posts
Posted on 3/12/24 at 12:33 pm to
Start a complaint with the LDI

LINK

Allstate actually coaches their adjusters on the slow pay. Their offices are purposely set up like the movie Office Space so that management approval of payouts is slowed. They make casualty adjusters input a lot of data into an old program that has little to do with the offer. Front line adjusters have almost zero ability to personally approve even the smallest claim.

You do not need an attorney at this point but point out that you do have one available and will go after attorney and court costs if you are forced to legal action by their inaction. Go uphill relentlessy requesting their boss and their bosses boss and explain you will hire attorneya expensive enough that the settlement you now wish will seem like peanits
This post was edited on 3/12/24 at 12:48 pm
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
4192 posts
Posted on 3/12/24 at 2:16 pm to
quote:

Wrong information, UM doesn’t cover property.


UMPD does (for states that have UMPD). And it looks like he lives in DFW which means the Texas UMPD may cover it.

It all depends on the denial from Allstate. If Allstate denies coverage then UMPD could come in to play. If Allstate denies liability then his UMPD wouldn’t matter because the at-fault party has valid coverage.

Posted by mule74
Watersound Beach
Member since Nov 2004
11303 posts
Posted on 3/12/24 at 2:29 pm to
You don’t need to hire an attorney. Notify your insurer. They will pay and then they will surrogate back against the other insurer.
Posted by Chad504boy
4 posts
Member since Feb 2005
166322 posts
Posted on 3/12/24 at 2:31 pm to
quote:

I'd bring all this shite to my agent and dump it on his desk.. That's his job.


no it is not.
Posted by KemoSabe65
70605
Member since Mar 2018
5163 posts
Posted on 3/12/24 at 3:40 pm to
How?, signed contract to indemnify policy holder should trump non-compliance by policyholder. They Have to pay not withstanding material misrepresentation or excluded driver. Even with misrepresentation they would pay and non-renew.
Posted by jizzle6609
Houston
Member since Jul 2009
4138 posts
Posted on 3/12/24 at 3:46 pm to
SHe got you from the very beginning by gaining just a little bit of your trust by saying "out of pocket"

How do you know she wouldnt have paid the $3,500? Looks are very deceiving.

Also, its a parking lot, good luck.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
68689 posts
Posted on 3/12/24 at 3:49 pm to
thats why you have insurance.


You will file with yours and they will go after them.

Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9401 posts
Posted on 3/12/24 at 6:23 pm to
quote:

Indeed. But you still didn’t talk to them, did you?

By your logic the judge can’t make you talk either. I mean what are they gonna do, throw you in jail for contempt? Pssh. Still didn’t talk.

Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29483 posts
Posted on 3/12/24 at 6:41 pm to
quote:

Most insurance will require you to do 50 / 50 in a parking lot accident.
frick that!

If my truck is parked and someone backs into it, I’ll be goddamned if I’m paying 50%.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
23982 posts
Posted on 3/12/24 at 6:48 pm to
quote:

Parking lot, no report


Been there. Done that. You're screwed. Sorry.
Posted by tigersbb
Member since Oct 2012
10312 posts
Posted on 3/13/24 at 7:45 am to
quote:


fricking Allstate. Sounds like theyre begging for a bad faith suit.


Bad faith for what reason? They have no confirmation their insured was at fault. They have made a good faith effort to contact their insured to confirm details.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98860 posts
Posted on 3/13/24 at 8:01 am to
quote:

quote:

fricking Allstate. Sounds like theyre begging for a bad faith suit.


Bad faith for what reason? They have no confirmation their insured was at fault. They have made a good faith effort to contact their insured to confirm details


I suspect the OP provided Allstate with the photos and the handwritten note from its insured. Most judges would consider that to be satisfactory proof of loss.
Posted by logjamming
Member since Feb 2014
7826 posts
Posted on 3/13/24 at 8:42 am to
That’s a lot of words and bullshite to brag to a bunch of strangers online that you have a ‘23 F150. Congrats.
Posted by tigersbb
Member since Oct 2012
10312 posts
Posted on 3/13/24 at 8:52 am to
quote:


I suspect the OP provided Allstate with the photos and the handwritten note from its insured. Most judges would consider that to be satisfactory proof of loss


Possibly. Was the note signed by their insured?

Even then it would not necessarily obligate them to accept liability unless claimant vehicle was parked. If both vehicles were moving then prudent investigation would require they confirm facts with their insured,
Posted by The Torch
DFW The Dub
Member since Aug 2014
19305 posts
Posted on 3/13/24 at 9:19 am to
quote:

to brag to a bunch of strangers online that you have a ‘23 F150. Congrats.


It's the first "New" vehicle I've ever owned, I've bought two houses and cars for other family members but I always drove the piece of crap so others did not.

I was finally in a position to purchase "me" a new one.

Then some sorry arse Bitch backs into me and refuses to do what's right. Frick her and AllState
Posted by TomballTiger
Htown
Member since Jan 2007
3770 posts
Posted on 3/13/24 at 9:22 am to
quote:

File through your insurance, pay the deductible, let them fight it out and get your deductible back when they recover


this is right. let the subrogation guys from your insured handle this.
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