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Thread: Need legal advice re: insurance company

  1. #1
    Yeah, I know that 's a bad subject, but here it is.
    October 15th 2006 My truck (while parked) was hit by a 38 foot 10,000 lb boat that was launched off it's tri axle trailer after the truck hauling it hit a mini van, went through a guardrail, and jack knifed. My truck was hit across the front and was shoved backward 3 to 4 feet into my boat trailer which then shot back another 3-4 feet.
    ALLSTATE is the other guys ins. co. and they are agreeing to the $6,000+ in body damage to my truck, but are refusing to fix the manual transmission which now has a tooth missing on third gear (the gear it was in when it was hit) The ins. guy says there is no way that the gears could have been broken due to the impact, since "3rd gear is not a locking gear and the truck would have just rolled" I said, well then you explain the skid marks from MY truck while it was Parked.
    Anyway they told the body shop (I actually have a copy of the note) to have the trans torn down and looked at. Now ALLSTATE wants ME to cover the cost of removing and inspecting the trans because they state it's not their fault.
    I was pissed after hearing from the adjuster who kept cutting me off. I drove to the transmission shop and asked the worker and the owner if there is any way this could have been "wear and tear " like the guy said. They said, teeth don't break off like this from wear and tear and that they both argued with him about it. ALLSTATE is trying to say that the rear bearing was bad (which the trans shop says is true) and that the extra "play" in the transmission caused the breakage. Transmission shop says "yes the bearing was worn, NO it didn't cause the break.
    I decide to go through my own insurance company...not looking good either. They will take over, but they want me to use their facility, which may cost me more in the long run. I have a $1000. deductable i would have to front, AND I would lose the rental I have through ALLSTATE. I don't know what to do. It wasn't my fault, but whatever I do now I am out at least $1,000. Which I don't have.
    What to do, what to do
    To top it off, I haul a jobsite trailer at least 1 time a week and this POS Chevy 1500 they gave me won't pull the damn thing over 50mph and my current job is 65 miles away!! I told the adjuster that too and he was just silent on the phone.
    ANY advice herewould be great. Thanks, Dan

  2. #2
    ask for a reach-around....

  3. #3
    Is this the same accident that the driver was towing his 38' Cig and ran the stop sign killing the lady in the mini van? This one.... ?
    Ahhh...I remember you post from OSO.... CheckmateR1....
    Anyway i would keep pushing the issue with Allstate. Lawyer up if needed...

  4. #4
    Yes, that's the one.
    Can you believe of all the losses incured in this accident that they are bickering with me over a $3,000 dollar transmission.

  5. #5
    ULTRA26 # 1
    Sorry to hear about the BS you are going through. I have managed an auto claims department for 16 years and have been in the business for 22 years. Allstate is out of line on this call. I suggest that you nicely go above the handling adjusters head, to a supervisor or manager. It shouldn't be difficult to get them to understand that a broken gear is loss related, especially since your truck was parked. Explain that it you had a boat and trailer hooked to your truck which would cause much more stress on the gear the truck was parked in. Also, it would be unlikely or impossible for you to e towing a boat
    and trailer with a tooth missing from 3rd gear. I can't imagine them denying that part of your claim. You also have the option of small claims court. Your own carrier will charge betterment on the trans which depending on the
    truck's mileage, could cost you up to 50% of the cost of the parts. The other option for your carrier would an LKQ trans (like kind and quality, means used) This option wouldn't cost you additional cash. Let me know how this progresses. What are the specifics regarding your truck Yr Mk mdl, condition and mileage?
    John M

  6. #6
    Automatic transmissions are prone to destroying the rear sprag and/or parking pawl in events like you described, a manual transmission would have the same problems.
    Problem is you are dealing with an insurance co and just like everyone else, they are in business to make money. One of the ways they save money is to keep the costs of claims as low as possible.
    I'm sure the adjuster is just hoping you will go away. Since there is a fatality in the same claim, they have their hands full enough to worry about your problems. Make our voice heard even if you have to bend an ear.
    I am surprised your insurance company isn't helping out much.

  7. #7
    Yes, that's the one.
    Can you believe of all the losses incured in this accident that they are bickering with me over a $3,000 dollar transmission.
    Because it is ANOTHER $3,000 the insurance Co has to come up with. They already have their ass in a vice.

  8. #8
    ULTRA26 # 1
    Bottom line is if the at fault party has property damage limits high enough to cover all losses, the additional 3K shouldn't be an issue.
    John M

  9. #9
    Bottom line is if the at fault party has property damage limits high enough to cover all losses, the additional 3K shouldn't be an issue.
    John M
    With a fatality, that may be the reason why he is having a hard time.
    Might have to sue to get his chit fixed right.

  10. #10
    ULTRA26 # 1
    He shouldn't have to sue. In CA Allstate would have a hard time getting away with such BS. The CA Dept of Ins. is tough on improper denials.
    John M

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