Al & Kathy Legan - Joliet, Illinois
Letter to The Illinois Department of Insurance
To: Illinois Department of Insurance
Re: Allstate Insurance Company.
In May 1998 I filed a complaint regarding Allstate Insurance, my claim number was 98-4058. It was in regards to having an accident with a client of theirs on December 15, 1997.
This accident was clearly their client’s fault, however, after Allstate investigated they determined their client was only 80% at fault. Your office sent me a letter dated May 26, 1998, in which you repeated the quote regarding a 1981 Supreme Court ruling about comparative negligence. Then you went on to pass the buck and blamed the trial lawyers for my dilemma. You further stated that it should be in civil court, were it was headed.
Civil court didn’t work out so well. It went against me and I will accept that.
My complaints are as follows:
1.) If the Supreme Court made the comparative negligence ruling in 1981, then why in 1998, 17 years later, the insurance companies are still allowed to do there own investigation. Can’t anyone see a conflict of interest? The best, an only solution, would be when there is an accident involving more than one insurance company an independent investigating service should determine comparative negligence not the insurance company. The cost should be paid for by the insurance companies determined to be the most responsible.
2.) Why in the state of Illinois when the lawmaker assumed they have the authority to pass a law regarding mandatory automobile insurance, they don’t demand the insurance companies take responsibility to pay the claims in a reasonable length of time? This accident which wasn’t our fault cost us out of our pockets over $4000.00 when we both had insurance. Something is wrong in the state of Illinois.
3.) If the insurance company (Allstate) only accepted 80% responsibility in January 1998. Then in September 1999 in civil court they accepted 100% responsibility, why can’t my insurance company go back to Allstate and request theirs and my 20% of the damages. I only received $400 out of my $500 deductible. Is there something wrong with this picture?
I don’t expect the Illinois Department of Insurance to do anything about this complaint. Nothing was done in 1998 and it would be foolish of me to expect something will be done this time. I feel I need, to get this off of my chest, and to let you know the people of Illinois and around this country know what is happening and who is actually in control.
Sincerely:
Al & Kathy Legan
"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