Need legal advice re: insurance company

[austin04]

bad faith only applies to insureds. As you do not have a policy with them, you cannot sue for bad faith.

[HocusPocus]

i had a car that was parked in a space at my kids school, a lady backed up her f250 into it and of course messed up the car pretty good. Her ins company said my car was a total loss.. which i belive is a scam! they didn't even come close to the value of the vehicle with the settlement and if there is no personal injury don't count on a lawyer to help much, i called 3 of them at the time and was told by each it wouldn't be worth their time or my money to argue over a couple grand. afer 3 months of dealing with this ins company i didn't get a penny more then their original offer. im sure this accident even though not your fault in any way will still cost you in the end.
good luck, i hope your story turns out much better then mine did.

[ULTRA26 # 1]

1) Take close up photos of the gear and broken tooth.
2) Have the tranny shop write up their opinion.
3) submit the photo and write up to the claim rep's boss.
If that doesn't work, submit a complaint to the department of insurance explaining that you followed Allstate's protocol and based on the tranny shop the damage is loss related.
Smalls claims and arbitration are another option.
Allstate needs to have done a reasonable investigation to back up their denial or they could be facing a bad faith suit.
Your 1, 2 and 3 are excellent pieces of advice as is your suggestion regarding submitting a complaiint. In CA arbitration or a bad faith suit are not options. Not sure if this is true IL, but if needed I can find out.
Your suggestions 1, 2 and 3 should do it.
John M

[ULTRA26 # 1]

So they call me today to tell me that they ARE totalling the truck out AND that they are lowering the value because the trans is junk. They want to give me $14,500 for the truck !!!!!!!!!!!!!!!!!! And the buyback is still at $8500.00 WTF ?!?!!?!?!?!!?!?!?
Anybody here a lawyer ?? Seems if there is no injury that they don't want the case !!
SCREW ALLSTATE !!
How much could you have sold the truck prior to the accident?
If you are referring the buy back, as meaning you retaing the salvage, this Company is acting outside of basic claims handling custom and practice, and probabally the law.
Either I missing something or you need to contact your State's Dept. of Ins.
John M

[ULTRA26 # 1]

Your insurer should pay your claim (less the deductible) and then go after allstate for reimbursement. You would want to supply your insured with the photos and write up from the tranny shop so they don't get screwed when they subrogate Allstate.
Most companies will reimburse your deductible if they recover any monies from the other carrier or responsible party.
You obviously been around insurance. What seems to be happening here is checkmate wants Allstate to pay for a new trans. If he goes through his own carrier, unless we are talking about a new truck, checkmate will be paying for portion of a new trans., in the form of betterment. Checkmate's carrier could include the betterment amount in thier subro demand, but Allstate will propperly deny this portion of the demand. In the case of a total loss, if checkmate's carrier accepts that the trans is loss related, they will pay the insured value of the truck less deductable. When they subrogate, if Allstate tries to deny the trans as old damage, checkmates carrier can file for inner company arbitration, and prevail. Just my .02
John M

[BoatPI]

Write a letyter to the state department of insurance. This should get the ball rolling. I will bet that this will go to arbrtration first. You need to have all of your ducks in a row, letters or estimates, photos, and if you have loss of work or trailers, that has to documented also. It does take time. Ultimately small claims against the at fault party is an option. They in turn will yell to Allstate about a bad fath clim if they loose in court.