What to Do if Allstate Insurance Won’t Pay or Delays Your Car Accident Claim

Allstate Insurance Claims.

Being involved in a car accident can be a stressful experience, but it becomes even more frustrating when you’re dealing with the insurance company of the person who hit you—especially if that insurance company is Allstate. If you’re facing delays or a denied claim from Allstate after the accident, it can feel like an uphill battle.

Here at Genthe Law Firm in Dallas, Texas, we’ve seen these tactics before, and we’re here to help. You don’t have to handle this alone, and with the right approach, you can still get the compensation you deserve.

Top Reasons Allstate Could Refuse Your Claim

If Allstate insures the driver who hit you, and they deny your claim, understanding their reasoning is the first step to fighting back. Here are some common reasons Allstate might give for denying your claim:

  • Disputed Liability: Allstate might argue that its driver wasn’t fully responsible for the accident, reducing the amount it’s willing to pay or even denying the claim altogether.
  • Lack of Evidence: They might claim you haven’t provided enough evidence to prove your damages or the other driver’s fault.
  • Disputes Over Coverage: In some cases, Allstate might argue that the driver’s policy doesn’t cover certain aspects of your claim, such as medical costs or property damage.

What Causes Delays in Allstate Claims

Even if Allstate doesn’t outright deny your claim, they might employ delay tactics, making you wait for compensation. This can happen for several reasons:

  • Extended Investigation: Allstate might take its time investigating the accident, especially if liability is unclear or it is looking for ways to minimize its payout.
  • Waiting on Documentation: They might ask for additional paperwork, medical records, or damage assessments, delaying the process while they “review” your information.
  • Delaying Payments: In some cases, Allstate may delay payment as part of a strategy to pressure you into accepting a lower settlement, especially if they know you need money quickly for medical bills or car repairs.

The Role of In-House Lawyers at Allstate

Allstate employs in-house lawyers to protect their financial interests, and they may get involved if your claim becomes contested or heads toward legal action. These lawyers work to minimize payouts, defend against claims, and sometimes drag out the settlement process. This can be a powerful obstacle when you’re trying to resolve your claim quickly and fairly, which is why having your own legal representation is important. Genthe Law Firm has experience pushing back against these tactics and fighting for fair compensation on behalf of accident victims.

What to Do If Allstate Is Delaying or Denying Your Claim

If Allstate is giving you the runaround after your accident, here are the steps you can take to challenge them:

  1. Request a Detailed Explanation: Ask Allstate for a written explanation of why they deny your claim or delay the settlement.
  2. Review the Evidence: Collect as much documentation as possible—police reports, witness statements, medical bills, and car repair estimates. The more proof you have, the harder it will be for them to continue delaying.
  3. Get an Independent Assessment: If they’re disputing the extent of your damages, consider getting an independent appraisal of your vehicle or seeking a second opinion on your medical condition.
  4. Consult a Lawyer: If delays or denials persist, seek legal help. At Genthe Law Firm, we know the tactics Allstate uses, and we’ll fight on your behalf to ensure you get what’s fair.

Strengthening Your Case Against Allstate

To increase your chances of success when fighting Allstate for a fair settlement, follow these steps:

  • Document Everything: Keep a detailed record of everything related to the accident and your injuries, from the accident scene to your medical treatments.
  • Stay Persistent: Communicate with Allstate regularly and document every call, email, or letter. Make sure they know you’re not going to back down.
  • Get Professional Help: Having a skilled personal injury attorney on your side can make a significant difference. A lawyer knows how to deal with insurance companies and their in-house legal teams.

FAQ: Denied or Delayed Car Accident Claims with Allstate

How long can Allstate legally delay my car accident claim?

In Texas, Allstate must acknowledge your claim within 15 days of receiving it. They must notify you of their decision (whether to approve or deny) within 30 days after receiving all requested information. However, certain claims may take longer if the investigation is more complex. They could act in bad faith if they continue to delay without a valid reason.

What happens if I am hit by a driver insured with Allstate?

If you’re hit by a driver who is insured with Allstate, you can file a third-party claim with Allstate for damages. In this case, Allstate will investigate the accident to determine the damages’ fault and extent. Remember that Allstate may try to minimize the payout, so document everything—accident scene photos, medical bills, repair costs—and consider consulting with a lawyer to protect your interests.

Can I call a lawyer after starting a claim with Allstate?

Yes, you can hire a lawyer at any point during the claims process, even if you’ve already started a claim with Allstate. Getting legal help after filing can strengthen your case, especially if you’re facing delays, low settlement offers, or pushback from Allstate. A lawyer can negotiate on your behalf or take the case to court if needed.

What can I do if Allstate offers a settlement amount that’s too low?

If you feel the settlement offer from Allstate is too low, you can:

  • Negotiate: Present evidence that justifies a higher settlement, such as medical bills, car repair estimates, or additional accident details.
  • Request an Independent Appraisal: Get an unbiased evaluation of your damages to strengthen your argument.
  • Consult with an Attorney: A lawyer can assess whether Allstate’s offer is fair and negotiate a better settlement on your behalf. They can take legal action to get the compensation you deserve if necessary.

How can you win a case against Allstate?

Winning a case against Allstate, whether it’s through negotiation or litigation, requires strong evidence and persistence. Here’s how you can improve your chances:

  • Gather Comprehensive Evidence: Detailed accident reports, medical records, witness statements, and independent appraisals can significantly strengthen your case.
  • Follow Proper Legal Procedures: File all paperwork on time and communicate clearly with the insurance company.
  • Work with an Experienced Lawyer: Having a skilled attorney with experience handling insurance disputes is key to winning. A lawyer can fight for fair compensation and take the case to court if Allstate is acting in bad faith or refusing to settle.

What should I do if Allstate is disputing fault in the accident?

If Allstate is disputing who was at fault, gather as much evidence as possible:

  • Police Reports often contain an officer’s assessment of who was responsible.
  • Witness Statements: Get statements from anyone who saw the accident.
  • Photos or Videos: Document the accident scene, the vehicles’ positions, and any damage. If the fault is still unfairly disputed, speaking with a personal injury lawyer can help ensure Allstate doesn’t shift the blame or try to reduce your settlement.

What happens if Allstate refuses to negotiate or denies my appeal?

If Allstate refuses to negotiate or denies your appeal, you have other options:

  • File a Complaint: You can file a complaint with the Texas Department of Insurance. They can investigate whether Allstate is acting in good faith.
  • Legal Action: At this point, it’s often best to consult an attorney. You can pursue a lawsuit for breach of contract or bad faith if Allstate continues to deny or delay your claim unjustly.

Can Allstate deny my claim if I wasn’t wearing a seatbelt?

Not wearing a seatbelt could impact your claim, but it doesn’t automatically mean it will be denied. In Texas, not wearing a seatbelt may reduce the compensation you receive for your injuries. However, it typically doesn’t mean the insurance company can deny the claim altogether, especially if the other driver was at fault.

What should I do if Allstate accuses me of fraud?

If Allstate accuses you of fraud, taking the accusation seriously is critical. Fraud accusations can arise if they believe you exaggerated damages or injuries. To defend against these claims:

  • Provide Clear Documentation: Keep detailed records of medical bills, repair costs, and accident-related expenses.
  • Seek Legal Help: Fraud accusations can be complicated, and having an attorney on your side can help prove your claim’s validity and challenge any unfair accusations.

Does Allstate have a reputation for denying or delaying claims?

Allstate has been criticized in the past for its handling of claims. Some policyholders and industry reports suggest that the company may employ tactics like delaying or undervaluing claims to minimize payouts. If you feel you’re being treated unfairly, an attorney can help you hold Allstate accountable.

What if I need money quickly due to medical bills or missed work?

If you’re struggling financially because of delays in your claim, you have a few options:

  • Medical Payment Coverage: If your policy includes medical payment coverage (MedPay), you may be able to access those funds to cover medical expenses while your claim is still pending.
  • Seek Legal Advice: An attorney may be able to speed up the process or help you file a lawsuit to obtain a quicker resolution.
  • Pre-Settlement Funding: In certain cases, pre-settlement loans can provide some financial relief while you wait for your claim to settle, though these should be used carefully.

What can I do to prevent claim delays in the future?

To minimize the risk of delays in any future claims, consider these proactive steps:

  • File Promptly: Report the accident and file your claim immediately.
  • Keep Detailed Records: Maintain a thorough accident record, including police reports, photos, medical treatments, and car repairs.
  • Communicate Clearly: Stay on top of communications with Allstate, promptly providing any requested information or documents.
  • Work with an Attorney Early: If the claim seems complicated from the start, or you feel overwhelmed, consider seeking legal advice early to avoid unnecessary delays.

When to Seek Legal Help

If Allstate continues to delay or deny your claim, you don’t have to accept it. Legal representation can help level the playing field. At Genthe Law Firm, we know how to handle claims involving insurance companies like Allstate, and we’ve helped many clients secure the compensation they deserve. Whether Allstate is stalling or refusing to settle, we’re ready to fight for you.

You Don’t Have to Face Allstate Alone

If you’ve been in an accident with someone insured by Allstate and they won’t pay or delay your settlement, you don’t have to go through this process alone. Genthe Law Firm is here to stand by your side and help you get the compensation you’re entitled to. Reach out to us today at 214-957-0898, and we’ll work with you every step to ensure that Allstate doesn’t take advantage of you.

Get a Free Evaluation

Or Call 214-957-0898