I have settled many Florida bodily injury (“BI”) injury cases with Allstate.
I have also settled many Allstate uninsured motorist (“UM”) injury claims. My clients were injured in an accident in Florida by someone insured with Allstate.
Other settlements were with Allstate uninsured motorist coverage.
How is Allstate at paying Florida personal injury claims?
Allstate has funny ads. However, Allstate’s reputation is below average in paying BI liability claims.
Allstate would rather pay its attorneys to defend a claim that to offer fair value to the claimant. You may be able to get money for pain and suffering if you were injured in a car accident in Florida.
When Allstate calculates the full value of a Florida injury case, they typically will assign less money to the pain and suffering component of your claim than other insurers such as Liberty Mutual and Geico.
Allstate Pays $100,000 of $150,000 Settlement for Back Surgery from Car Crash
Many factors affect the settlement value of a claim, and in this case the limited insurance was one. We accepted Allstate’s $100,000 UIM insurance limits, and Progressive’s $50,000 BI liability insurance limits.
$75,000 Settlement for Knee Surgery and Injections to Back After Car Accident
Progressive insured the at fault driver. It paid $50,000 under the bodily injury liability (BIL) coverage, and $25,000 was paid under the underinsured motorist coverage on the car owner’s auto insurance policy (Allstate).
Allstate, State Farm and Car Owner Pay $37,500 for Broken Wrist from Car Crash
My actual case: $17,500 Settlement. My client was in a car in Miami Beach, Florida. Another car crashed into her.
The other driver was suspected of drug/alcohol use. The Allstate uninsured motorist (UM) claim adjuster was Marcia Mcnish.
Progressive insured the other driver. They paid their $10,000 BI limits. We made a UM claim against Allstate.
Allstate settled for $7,500.
My actual case: $14,300 Settlement. A car crashed into my client’s car in Venice, Florida. An ambulance took her to the hospital. My client went to a chiropractor.
The airbag also burned her hands. She was not left with any scars.
AIG insured the careless driver. AIG paid $10,000 to settle. Allstate was her underinsured motorist insurer. Allstate paid $4,300 to settle the case.
The total case settled for $14,300.
My actual case: $12,500 Settlement (Gross) for a woman who was rear ended by another car in Hallandale, Broward County, Florida. We received the policy limits of $10,000 from Allstate and $2,500 from her underinsured motorist carrier, State Farm.
Pedestrian Gets $10,000 After Car Runs Over His Foot
Allstate paid $10,000 after a driver ran over a pedestrian’s foot. He claimed a soft tissue foot and ankle injury.
The accident happened in Miami Beach, Florida. I represented the pedestrian.
My Actual Case: $10,000 Settlement for meniscus tear from Miami Beach car accident.
A driver rear ended our client’s car. Our client was driving. We settled this case in July 2015.
The crash happened in January 2015 in Miami Beach, Dade County, Florida.
Our client’s doctor diagnosed him with a knee injury (meniscus tear). He had arthroscopic surgery, in his native country, to fix it.
Infinity Auto Insurance insured our client with PIP.
We had his Portuguese medical records translated by a discount translator. We try hard to keep costs down. One of the 11 benefits of hiring an injury lawyer is that we can pay for costs in advance.
My actual case: $10,000 Settlement (Gross) for a man who had surgery to his lower leg (tibia) after he was hit by a car – insured by Allstate – while he was riding a motorcycle in North Miami, Florida.
$441,000 Verdict for Herniated Disc and Erectile Dysfunction
This isn’t my case. In Allstate Ins. Co. v. Marotta, 125 So.3d 956 (Fla. 4th DCA 2013) a 59-year-old man was hit head on by an uninsured motorist.
The crash occurred in Boca Raton, Palm Beach County, Florida.
The injured man was a salon owner. He claimed that the crash caused:
- herniated discs at C6-C7 and L4-L5
- a spinal cord contusion (bruise)
- erectile dysfunction
He sued the uninsured motorist and Allstate, which was his uninsured motorist insurance carrier. His wife sued for loss of consortium.
After trial, the jury awarded him $441,000. The jury found that he had incurred $37,000 in past medical expenses and would incur $194,000 in future medical expenses.
The jury also found that Marotta had sustained a permanent injury and awarded $40,000 and $170,000 in past and future noneconomic damages*, respectively. Non-economic damages refers to pain, suffering, mental anguish and loss of enjoyment of life.
The jury did not award damages for loss of consortium.
After the trial, Allstate asked for a motion for a new trial. The court denied Allstate’s request. Allstate appealed the court’s ruling. The appellate court ruled that Allstate should get a new trial.
The injured man asked the court to let him add a bad faith lawsuit. Allstate asked the court to limit the judgment to the policy limits.
I do not know the whether the court allowed the man to add a bad faith lawsuit. The appellate court ruled that the injured man’s costs should be in addition to the policy limits if he prevails during the next trial.
If a Court Gives You Money for Future Medical Bills, Does Allstate Owe You Money for Pain and Suffering?
Not always. In Allstate Ins. Co. v. Manasse, 707 So.2d 1110 (Fla.1998), Myrda Manasse was injured in an automobile accident with an uninsured driver.
Manasse presented one witness, her chiropractor, to testify as to the necessity of future medical care. He recommended continuing conservative therapy.
The jury awarded money to cover three to four visits per year at her chiropractor’s rate. Allstate presented evidence disputing that:
- Manasse sustained a permanent injury;
- Would need future chiropractic care;
- her condition would necessarily cause pain.
Allstate’s evidence further suggested that any continued complaints of pain could be for reasons unrelated to the August 1992 accident, such as Manasse’s excessive weight, strenuous sporting and weightlifting activities, or a subsequent accident.
The jury found that Manasse suffered a permanent injury. They awarded her $10,000 over a forty-year period for future medical expenses, $2,000 for past pain and suffering, and zero for future pain and suffering.
The court said that it was OK that the jury didn’t award money for pain and suffering, even though they awarded money for future medical bills.
It Can Be Tough to Get Money for Future Pain and Suffering
One of the judges said that:
Future damages are less certain than past damages. A jury knows for a fact that a plaintiff has incurred past medical expenses, and, when it finds those expenses to have been caused by the accident, there is generally something wrong when it awards nothing for past pain and suffering. The need for future medical expenses is often in dispute, however, as it was here. It does not necessarily therefore follow… that an award of future medical expenses requires an award for pain and suffering.
What do Allstate Underinsured Motorist (UIM) Insurance Claim Adjuster Evaluation Review Comments Look Like?
If your making a personal injury claim with Allstate, the claim adjuster will write up “Evaluation Review Comments” in his/her file. These are notes about the value of your case.
Although not from my case, here is what one Allstate UIM insurance claim adjuster’s evaluation review comments in a UIM insurance claim look like:
From looking at the comments above, you can see what Allstate felt was important in that case. Those notes are from the case of Wiggins v. Allstate Property and Casualty Ins. Co 94 F. Supp. 3d 1276 – Dist. Court, SD Florida 2015.
Does Allstate Have to Pay You for Your Injuries if Allstate’s Insured Doesn’t Have BI liability Insurance?
Maybe. In Allstate Indemnity Co. v. Oser, 893 So.2d 675 (Fla. 1st DCA 2005), Allstate insured Sabrina Patterson, with $25,000 in property damage liability insurance. (This isn’t my case.)
Patterson’s auto policy with Allstate didn’t have any BIL insurance.
On October 7, 1999, Duane Patterson was driving Sabrina’s car. Duane crashed into a vehicle being driven by Timothy Oser.
Oser was badly hurt. He claimed that Patterson’s negligence caused the crash.
Since Sabrina owned the car, she was liable for Duane’s carelessness from this accident in Florida.
Oser’s attorney offered to settle with Allstate for an amount equal to Patterson’s property-damage limits. Allstate rejected the offer.
Oser sued Patterson on June 2, 2000, in Alachua County, Florida, for bodily injury and property damage.
His lawsuit against Patterson for BIL resulted in a final judgment against Patterson for $1,502,584.60.
Oser and Patterson then sued Allstate, claiming that Allstate acted in bad faith by failing to settle all of Oser’s claims when it could have and should have done so.
Allstate asked the court to dismiss the case, arguing that it can’t be liable for personal injuries since Patterson’s auto insurance policy didn’t have BIL coverage.
The appeals court disagreed with Allstate. It let the case continue to trial.
Patterson later filed a satisfaction of judgment with the court, so I am assuming that Allstate paid Oser to settle case.
The bad faith case against Allstate is Case No. 01-03-CA-2541.
In Florida, does Allstate insure private passenger autos with No-Fault (PIP)?
In Florida, Allstate does business under a few different names. Private Passenger auto are basically personal vehicles not routinely used for business.
Yes. In Florida, the 2014 FLOIR Annual Report listed the following:
Allstate Fire and Casualty Insurance Company as the sixth largest private passenger auto No-Fault insurer. They had:
- written premiums as $117,186,875
- market share as 3.4%
Allstate Insurance Company as the thirteenth largest private passenger auto No-Fault insurer. They had:
- written premiums as $72,609,557
- market share as 2.1%
Is Allstate a big Florida private passenger auto liability insurer?
Yes. The 2014 FLOIR Annual Report lists Allstate was a Top 5 Carrier for Florida private passenger auto liability insurance. Private passenger auto is basically a personal car or van.
Allstate writes auto liability insurance for at least 10.7% of Florida private passenger cars. For private passenger auto liability insurance in Florida, Allstate operates under a few names.
They are listed below. Written premium and market share are in parenthesis.
- Allstate Fire and Casualty Insurance Company ($395,592,790; 5.4%)
- Allstate Insurance Company ($244,342,493; 3.4%)
- Allstate Property & Casualty Insurance Company ($138,077,521; 1.9%)
Source: Florida Office of Insurance Regulation’s 2014 annual report. Made available in January 2015.
Allstate’s major competitors who handle private passenger BI liability accidents are:
- State Farm Mutual Automobile Insurance Company
- United Services Automobile Association (USAA)
- Travelers Home and Marine Insurance Company
- Safeco Insurance Company of Illinois (A Liberty Mutual Company)
- 21st Century Centennial Insurance Company (part of the Farmers Insurance Group of Companies)
- Infinity Insurance Company
- Nationwide Insurance Company
Those companies (or affiliated companies) are the Top 15 Carriers for Florida private passenger auto liability insurance.
Does Allstate insure business automobiles with No-Fault (PIP) in Florida?
Yes. The 2014 FLOIR Annual Report lists Allstate Insurance Company as Florida’s second largest commercial auto no-fault insurer. No-Fault is Personal Injury Protection.
“Commercial” basically means “business”. For Commercial Auto No-Fault, Allstate Insurance Company’s:
- written premiums were $7,720,420.
- 9.0% market share
In Florida, does Allstate Insure Businesses for Auto Injury Liability Insurance?
Yes. The 2014 FLOIR Annual Report lists Allstate Insurance Company as the fourth largest business auto liability insurer in Florida. It wrote premiums of $28,724,304.
It had 2.2% market share. If a business vehicle (insured by Allstate) caused your injury, the claim is very similar to a personal BI injury claim.
The other top 15 large business auto BI liability insurers in Florida are:
- Progressive Express Insurance Company (#1)
- Auto-Owners Insurance Company (#2)
- Westfield Insurance Company (#3)
- Owners Insurance Company (#5)
- Empire Fire and Marine Insurance Company
- Philadelphia Indemnity Insurance Company (We had a $100,000 Settlement. Global Settlement for $325,000.)
- Amerisure Insurance Company
- Ascendant Commercial Insurance (We had a $25,000 Settlement.)
- Travelers Property Casualty Company of America
- National Trust Insurance Company
- State Farm Mutual Automobile Insurance Company
- Zurich American Insurance Company
- National Indemnity Company of the South
- FCCI Commercial Insurance Company
Allstate Life Insurance in Florida
Allstate is one of the largest Florida life insurers.
Consumer Complaints against Allstate in Florida
Allstate has a duty to act reasonably towards its insureds. Sometimes, they may act unreasonably such as by making an unfair settlement offer.
In Florida, an Allstate insured may submit a consumer complaint to the Department of Insurance if Allstate is acting unfairly. Allstate will be required to send the Department a written response within twenty (20) days.
Allstate Indemnity Company had a consumer complaint index of 0.22, which is a great sign for consumers. Proportionately less consumer complaints were filed against Allstate Indemnity Company than other Florida private passenger auto insurers.
Incredibly, there were no consumer complaints made against Allstate’s three (3) larger private passenger auto insurance companies:
- Allstate Fire and Casualty Insurance Company
- Allstate Insurance Company
- Allstate Property & Casualty Insurance Company
Allstate should be proud of this.
Which attorneys does Allstate use to defend its insureds and itself in Florida injury cases?
Allstate uses many Florida defense attorneys. Some of them are:
- Jacqueline G. Emanuel of Knoerr & Emanuel, P.A., Fort Lauderdale. (Used as recent as 2013 in the case of Allstate Insurance Company v. Marotta).
Allstate Group Voluntary Benefits Coverage
Allstate Benefits offers Walmart employees voluntary Accident benefits. Allstate Benefits (AB) group voluntary accident coverage provides cash benefits for out-of-pocket expenses associated with an accidental injury.
It can help the victim should an off -the-job accidental injury occur.
Over 86 Important factors May affect Allstate Claim Compensation in Florida
Dealing with Allstate is just one of the 86 important factors may affect the settlement value of a Florida injury case. Most people only know a couple of these factors.
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