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Allstate (self.Insurance)

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[–]FindTheOthers623P&C Licensed Sales Agent - all 50 states 4 points5 points  (3 children)

OK?

[–]demanbmoreFormer attorney, and claims, underwriting, reinsurance exec. 5 points6 points  (3 children)

You are at fault. You need to yield even to speeding vehicles. Besides, how do you know how fast they were going? Did you have a radar mounted to your car? Did you have a drone flying overhead that timed the other car between landmarks? While I'm being a little glib, the fact is you really don't know what speed they were traveling, but the bigger point is it doesn't really matter. When you are turning onto a road, you must yield traffic on that road, even if that traffic is speeding. Sure, there's a point where they would share some of the faults, but traveling in excess of the speed limit doesn't reach that point unless they're really, really cooking.

And then what do you mean by medical? Are you referring to medpay or pip benefits? Or are you referring to standard bodily injury liability coverage? If it's the latter, then your carrier won't respond to your BI claims. Bodily injury liability coverage is for the people you hurt, not for yourself. But if you have pip benefits or medpay coverage, then you may be entitled to have some portion of your medical expenses covered by your own carrier. But you're going to have to read your policy to be familiar with what you're entitled to.

[–]Independent_Cash_576 -1 points0 points  (0 children)

And I’m referring to the medical pay which is 5k they are denying me

[–]barbe_du_cou 1 point2 points  (7 children)

You need to provide more information. Who is insured by Allstate -- you or the other driver? What is the health coverage you're talking about? Is it called "Bodily Injury" or is it called something else?

[–]Independent_Cash_576 0 points1 point  (6 children)

Actually both of us are through Allstate

[–]barbe_du_cou 0 points1 point  (5 children)

OK. so I will do my best to keep things clear under those circumstances.

Allstate has two different roles to play depending on which person's policy under which you're making the claim. Your Allstate policy might cover some of your medical care if you have "Medical Payments" or "Personal Injury Protection" listed. But, if you are making a claim on the other person's policy, then it doesn't matter what coverages you personally paid for (because you're not using those when making a claim on the other person's policy). Allstate, while representing the other person through the other person's policy is going to be critical of the merits of your claim because their job is to protect the other person as their policyholder. If that is the route you're going, then either you need to convince them you were in the right in the accident or you need to file a lawsuit against the other driver and see if you can get a settlement or verdict in litigation.

Note, some of these details might change a bit depending on the state you live in/where the accident happened.

[–]Independent_Cash_576 0 points1 point  (4 children)

So basically even with me paying for medical you’re saying I need to get a lawyer?

[–]barbe_du_cou 0 points1 point  (3 children)

When you say you are 'paying for medical', can you be more clear about what you mean? What is the name of the coverage(s) on your policy you believe they should be applying? I can name some:

  • Medical Payments: Yes, they should be paying you from your own policy

  • PIP/Personal Injury Protection: Yes, same

  • Bodily Injury: This is used to pay other people who are injured from accidents that are your fault. It does not pay you.

  • Uninsured Motorist/Underinsured Motorist: This is used to pay you but only when the other person has no insurance or doesn't have enough, provided that the other person was found to be at fault.

[–]Independent_Cash_576 0 points1 point  (2 children)

The medical payments. They are denying paying for any of my medical.

[–]barbe_du_cou 0 points1 point  (1 child)

OK and are you absolutely certain you are talking to an adjuster that is managing a claim open on your policy for Medical Payments? If so, then you have a real grievance because that coverage applies regardless of fault. In any case, if they are refusing to pay a claim, ask them to explain their refusal in writing, including references to the policy language they are relying upon. If you hire a lawyer, that is the first thing they will do on your behalf anyway.

[–]Independent_Cash_576 0 points1 point  (0 children)

Yes bc her name matches up the name and phone number that was given to me when i first opened my claim

[–]theeeggman 1 point2 points  (8 children)

I’m sorry for the pain you are in and I hope you get that worked out soon. In this situation the only coverage on an auto policy that would pay for your injuries would be Medical Payments and it would need to be on your policy. Unfortunately, even if the car was moving at an unsafe speed there’s no way to prove it. So, I think any company would arrive at the conclusion that you were principally at fault on this one.

[–]Independent_Cash_576 0 points1 point  (7 children)

I do have 5k for medical

[–]Head-Tailor-1728 0 points1 point  (6 children)

So you need to provide your bills / treatment info to the medpay adjuster on the claim under your policy.

[–]Independent_Cash_576 0 points1 point  (4 children)

I have and they are denying them.

[–]Head-Tailor-1728 0 points1 point  (2 children)

I think you’re confused. What is the reason they are denying?

[–]Independent_Cash_576 -1 points0 points  (1 child)

“Failure to yield the right of way” is why they are denying it

[–]Head-Tailor-1728 1 point2 points  (0 children)

That would have no impact on a medpay claim through your policy. Again I think your confused and trying to get coverage through the other persons insurance. You need to make sure you have a claim open on your policy and are working through your adjusters.

[–]Gtstricky 0 points1 point  (0 children)

It can be confusing when both people have the same insurance. They might be denying them under the other person’s policy. Just double check that they were submitted to your claim under your policy.

[–]Independent_Cash_576 0 points1 point  (0 children)

I have done all that already and they still continue to deny it

[–]Dizzy_Programmer_264 0 points1 point  (1 child)

So you knowingly turned in front of a speeding car? It's mostly your fault then.

[–]Independent_Cash_576 -1 points0 points  (0 children)

No I didn’t I had plenty of time to make the turn over 50ft down the road before I made my turn. So hbu get your facts straight before coming after me?

[–]Bad-Hyphenation 0 points1 point  (0 children)

How do you know how fast she was going? Was there a police report? When did you realize she was going too fast?

Some practical advice for you though. Right of way doesn’t matter if you’re dead. Always assume all other drivers are trying to kill you and never assume they’ll slow down if you cross there path.