Al & Kathy Legan - Joliet, Illinois

OUR ALLSTATE HORROR STORY

On December 15, 1997, we were in an automobile accident by someone who is insured by Allstate Insurance company. This person was ticketed by the police officer, there were two eyewitnesses, plus the person who caused the accident was 83 years old. (She stopped driving after this accident.)

The very next day I called Allstate to ask them to fix my car and pay for a rental. We are not in a no-fault state so we have the right to have the responsible persons insurance repair the vehicle. I attempted to call them on Dec. 16, when I left two voice mails. The following day I left another voice mail. Finally 3 days after the accident (Dec. 18), they returned my call.

After explaining to them I would like to have my car fixed by them and for them to pay for the rental they agreed. They had their adjuster go down to the auto body shop to estimate the repairs, they sent me a copy of the estimate, on Dec 26, 1997, at that time I assumed the car was being repaired.

On January 8,1998 I received a voice mail from the body shop, I thought they were going to tell me when I could pick my car up, but instead they asked if I heard anything from Allstate, he had not received the approval to repair my car. I called the Allstate adjuster and was told they were waiting for the Police report before they would authorize any repairs. When asked how long it would take to receive this report I was told about 4-5 weeks, they said they would call me back in about 7 - 10 days. 8 Days later I tried to call them back, all I got was their voice mail.

After leaving several voice mails and never getting a returned call. I then called my Insurance agent and asked him if he could call them. They were avoiding me for some reason. Well on Jan. 20th they returned my agents phone calls and told him they are holding my wife responsible for 20% of the accident. They claimed my wife should have done more to prevent the accident from happening. I then had the car repaired using my insurance policy. This meant I would have to pay the deductible out of my pocket, (is there something wrong with this picture!!!) It took about 8 week from that day to get my car back.

The story continues... that means I had a rental car for 14 weeks on the 12th week I was called by the rental company, they said Allstate is refusing to pay, this means I had to pay a $3000.00 rental car bill myself. When I called Allstate they said that I could submit the bill to them and they would pay 80% of 23.99/day for four weeks worth of rental. They further said it was my fault for the delays not theirs, I should have had my insurance co. repair the car instead of asking them.

The story continues... I then paid the rental car bill and filed a claim in small claims court to ask for my deductible back and the rental bill plus court cost totaling $4000.00. When we got into court Allstate asked for and received a Jury trial. After that I was forced to hire a lawyer to go after this scum. In June 1999 we went we went to arbitration at that time we were asking for $2000.00 pain and suffering, this would cover my attorney fees, for a total of $6000.00, Allstate was offering $4000.00. The arbiters agreed with us and granted us the entire sum of $6000.00 plus court costs.

Currently Allstate has filed a motion to refuse the arbiters findings and have asked for a jury trial. Can you believe for a sum of $2000.00 Allstate is willing to have their lawyers take this all the way to a jury trial.

Continue to Page 2 - Our Day in Court

"There is no incentive for insurance companies to do what is right, such as live up to the promises made in their policies. Tort reformers fueled by insurance money think big business and the insurance industry need to be protected against "runaway juries." It's the other way around. Big business and the insurance industry have always been able to take care of themselves. The little people need protection from them. This country was founded on the common law right of the little guy to get into court with his hired gun to fight the oppressor, be it big government or big business. Take that away and we have nothing left. Look around. It's being whittled away, bit by bit, caps on damages here, restrictions on jury trials there. It won't end until we recognize the enemy and join together to take a stand against them. It will take the little people to do this together".

Louis G. Fazzi, Esq. Attorney & Counselor At Law