YOU ARE NOT IN GOOD HANDS WITH ALLSTATE
By the time Sharon Lane was rear-ended on September 9, 2010 on her way to work by a careless uninsured driver on Interstate 40 in Nashville, she had been paying premiums for car insurance to Allstate for 16 years. She paid extra money each month to have uninsured motorists coverage to protect her and her family in case she were ever unlucky enough to need it. She was being responsible. She was doing the right thing. Month after month, year after year, Allstate accepted the money but never had to pay on a claim.
Sharon was hurt in the wreck. She was transported by ambulance for emergency medical care at a local hospital. She continued to treat with her personal doctor after that. Medical imaging studies showed a herniated disc in her neck that rubbed on the spinal cord, causing numbness and weakness in her arm. According to her board-certified treating doctor, Sharon will need surgery in the future and will deal with this injury for the rest of her life. Her medical bills and lost wages so far total almost $15,000.
The purpose of paying for UM coverage is for your auto insurance company to stand in the shoes of the uninsured driver and compensate you for harm and loss caused in the automobile accident. The UM carrier is not required to do that for free, it charges and you pay extra money for the coverage. The problem for Sharon Lane was that Allstate refused to pay anything on her UM claim for 3 1/2 years. Allstate refused to do the right thing.
Sharon hired Rocky McElhaney Law Firm which filed a lawsuit on her behalf against Allstate to obtain the coverage payments Sharon was entitled to. Gladiators in suits, Rocky, Justin Hight and Afsoon Hagh handled the case for Rocky McElhaney Law Firm. Despicably, here some of tactics Allstate employed during the case:
- Lied under oath in written discovery that no pictures of the cars existed;
- Listed pictures of the cars as an Exhibit for trial 2 days before trial and turned the pictures over to Rocky and Afsoon the day before trial;
- Hired and paid thousands of dollars to a doctor who never saw or examined Sharon to say she was not hurt in the wreck; and
- Made its only offer of compensation to Sharon the day before trial of $15,000.
The trial took place in Nashville a couple weeks ago. In closing argument, Rocky asked the jury to award Sharon $135,000 as fair compensation. The jury disagreed with Rocky and gave Sharon a verdict for $251,000. The verdict was by far more than the coverage limits Sharon had so faithfully paid for. Allstate could have and should have paid the money to Sharon years ago instead of denying her claims.
You see, Allstate does not treat its policyholder’s right when there is an automobile wreck that causes injury. If the wreck resulting in injury was caused by an Allstate insured, the company refuses to offer fair compensation to the innocent driver. This causes the injured person to hire a lawyer. The lawyer then sues the Allstate insured, resulting in stress, missed time from work and, most times, financial hardship. If the wreck is caused by another driver who has little or no liability coverage, then Allstate refuses to pay fair compensation under the UM policy even though their own insured had paid for the coverage. No one should have Allstate has their carrier. Plain and simple.
After the trial, Rocky asked Allstate’s lawyer about the one and only low offer made to Sharon the day before trial. That lawyer told Rocky that Allstate does not evaluate claims based on their worth but instead based on what it is used to other lawyers accepting for their clients. Rocky McElhaney Law Firm will never accept an unfair offer. We are not afraid to take a case to trial. We don’t back down because the opponent is big or the fight is tough. Don’t settle for less.