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Allstate Auto Renigs - Off Topic

I couldn't find a legal group for this that looked like it was active. If you can direct me to one, thank you.

My daughter has Allstate auto insurance. In an accident that occured months ago, she was paid in two checks. The first check was for damages less $1000 deductible. The next check was for the $1000 deductible. Both checks had the usual 'void after xx days', so of course she cashed them. A short while later, Allstate told her the other driver was contesting, and that Allstate sent the case to arbitration, and that she may be responsible for some of the damages, which would require her to pay Allstate back some money.

This seems very unethical to me. How can Allstate pay all damages in full, including decuctible, all of which indicating no fault on my daughter's part, and then later say, wait, we'regoing to arbitration.

I think an Allstate agent was lazy.

Between you and I , the accident was the other guy's fault. When he got out of his vehicle, he didn't want it reported because he said his company would fire him if he was at fault. I was not in the car at the time.

Reply to
Boris
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We don't know what your policy is. They vary widely by state and company. Ask the agent to cite where in the policy they have the right to claw back payments. I expect there is such a clause (if they make a good faith payment, but then determine it was inappropriate), but there is no harm to asking.

I once explained to the adjuster how I knew with certainty the accident was not my son's fault. He said, "Gee, are you an engineer?" Yes, but it did me little good as they mainly just compromise these things to dispose of them.

Reply to
Troubled

The deductible would be paid by the other driver's insurance company if it was the other guy's fault. Sounds like your daughter's insurer assumed it was not her fault, and paid her prematurely.

If it's her deductible and it was her fault, it makes sense, since that is probably her responsibility under her insurance policy.

They were trying to do her a favor, and then realized their decision was premature. If it was your daughter's fault, she was going to have to come up with the money anyway, one way or another.

By the way, the arbitration is probably just between the insurers. Your daughter may not be bound by it. If they rule against her, she can likely still take the other driver to small claims court to get her money back - if she can convince a judge it wasn't her fault.

Reply to
Stuart A. Bronstein

I don't know about elsewhere, but in NY you don't have the right to sue any one. Any even if you could, you would have little chance of convincing a judge once "experts" have determined the opposite.

Reply to
Troubled

Try misc.legal.moderated.

Also, the correct spelling for your subject line is "renege".

Reply to
Mark Bole

If you get into an accident that someone else's fault, you are not allowed to sue them for your damages in New York? I'm very surprised to hear that.

Who is talking about experts? At least here in California, when there is an accident the two insurers question the people involved over the phone. They turn the tapes over to a third person who decides, based on that, who was responsible.

There is no real hearing, no ability to present evidence, and there are no experts. If you don't like the outcome, you can always take it to a real court, but don't expect your insurance company to help with it.

Reply to
Stuart A. Bronstein

Troubled wrote in news: snipped-for-privacy@googlegroups.com:

This is the second time in a few years with my kids where the other party admitted fault at the scene, but when a recording was given over the phone, the other party claimed no fault. Both times, pictures taken at the scene supported my kids. Nonetheless, the claim went to arbitration. I agree that the insurance companies don't want to fight hard, so they compromise at the expense of an innocent party.

On the other hand, my kids have been totally at fault before.

Reply to
Boris

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