Al & Kathy Legan - Joliet, Illinois

Our Day in Court

We finally had our court appearance, the first week of September. In brief my wife was involved in an accident with someone who was insured with Allstate. This accident took place on Dec. 15,1997. Someone turned left in front of my wife. The accident caused $11,000 in damages.

I asked the responsible persons insurance agency, Allstate, to repair our car, pay for a rental car plus pay the medical bills. I didn’t think that was too much to ask! This Person whom hit my wife was 82 years old it was dusk there were two eyewitnesses, and the police officer cited this elderly woman for improper left turn. (This lady surrendered her operator license immediately after this accident.) Allstate led me to believe they will respond to my request, they send an appraiser to the body shop. A few days later I received, in the mailed, an appraisal from Allstate. At this time I assumed the car was being repaired. Two weeks later on January 7,1998 I received a call from the body shop, I was told they are still waiting for the approval to start the repairs.

I called Allstate and they said they are still investigating to determine who is at fault, forget the age of their client, forget the two eyewitnesses, forget the citation, nothing matters. It is all smoke and mirrors! The bottom line is two weeks later they (Allstate) informed my insurance carrier they are holding my wife responsible for 20% of the damages. Their reasoning is my wife should have done more to avoid hitting their client. Well I was forced to have my insurance carrier pay for the repairs. The repairs started on January 29,1998. And I received our repaired auto back on March 24,1998. This accident caused me to have to pay my deductible of $500, plus the rental car charges of $2908.00 for the entire 98 days. That is what this court case was all about.

In court the deck is stacked 1000% against the plaintiff and in favor of the insurance carriers. When we arrived in court Allstate attorney was representing this now 84 year old, frail, woman for the jurors to see and have sympathy on. Allstate at this time also admitted full liability for the Accident, but blamed me for the delays in getting my car repaired. Let me explain how all of this took place.

In Illinois we cannot make any mention of insurance carriers, for all this jury knew was I was attempting to sue this elderly woman. The attorney was not working for Allstate she is working for her elderly defendant. This woman’s attorney attacked me and said it was my fault the car repairs were not started right away and that I should have given the repair shop authorization to commence repairs on my own. All I could say was that I had to wait for the FUNDS to become available before I was willing go commit to these repairs.

Remember NOT any mention of insurance carriers or of their delay tactics, or there would be a MISTRIAL. Allstate could bring up the spending habits of me and my wife, as if we had deep pockets and we should have paid for the rental car on our own. Well to conclude this lengthy posting the end result was the jury offered us $1300 (or 45%) of the rental car and $380 (100%) for medical bills plus $1200 for pain and suffering. What we wanted was $2908 for the rental charges $380 for the medical bills and enough money for pain and suffering to pay the attorney fees of 30%.

The bottom line is ‘WE GOT SCREWED!’

The court systems are not here to learn the truth. Instead every attempt to cover up the truth and allow the jurors to come to a decision without knowing all of the facts is allowed. This is what the current court system is all about! Don’t let anybody tell you any different. WE HAVE FIRST HAND EXPERIENCE!

Continue to Page 3 - Letter To News Media

"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