Allstate Doesnt Want to Pay

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PostPosted: Sat Jan 12, 2013 10:43 pm   Post subject: Allstate Doesnt Want to Pay  

Can anyone help me in the right direction. I lost half my roof and half my gutters and part of my chimney during hurricane sandy. I contacted allstate to put in the claim and the rep on the phone said i could go ahead and do work on my house and i didn't not have to wait for an adjustor or take photographs. I was able to secure a roofer 5 days later and he completed the work just in time before the nor'easter storm hit.

The adjustor came 2 and a half weeks later, and after his assessment, the back office adjustor said they were not going to pay my claim b/c I did not have any proof of the damage. The fact that the rep on the phone told me i did not need photos or have to wait for the adjustor, they said was hearsay.

They said the only way I could recoup my claim was to go ahead with litigation.

Any ideas?

Thanks for any help.

James

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PostPosted: Sun Jan 13, 2013 4:18 am   Post subject:   

First, file a complaint with the Dept of Insurance for your state. Then get the roofer who performed the work to sign a sworn statement (sometimes called a "jurat", which is notarized by a Notary Public) testifying to -- in great detail -- the damage that existed prior to his repairs.



My only real question is why would you not take any photographs of the damage prior to repairs? That would have cost all of about $0 with a digital camera or cell phone camera. But, don't get me wrong, I'm not faulting you, just asking a question. You have learned a lesson that won't be repeated.



Quote:
They said the only way I could recoup my claim was to go ahead with litigation.
The state insurance laws of every state have defined one of the unfair claims practices as "Compelling an insured to institute litigation in order to recover amounts to which a reasonable person would have believed they were entitled" (or words to that effect).



Be sure to mention that in your complaint to the Dept of Insurance. Almost all claims calls are recorded. If you know the name of the claims person who gave you the go-ahead and the date and time of your call, the recording will probably be locatable.



Or, just before you file your complaint, you could give Allstate one more call. But this time you would want to get to the highest level SUPERVISOR or manager in the claims dept. you can talk to LIVE, not via voicemail. When you get to that person on the phone, then you mention the business above about unfair claims practices and how you intend to file a complaint with the Dept of Insurance.



If that doesn't change their tune, you file the complaint. But don't go looking for an attorney just yet. Wait to see if the Dept of Insurance changes their attitude toward your claim. The attorney is an absolute last resort.


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Last edited by MaxHerr on Sun Jan 13, 2013 4:26 am
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PostPosted: Sun Jan 13, 2013 4:26 am   Post subject:   

Thanks for the quick reply. I am still kicking myself for not taking photos but the reason why was b/c we had no power and were not living at home and with four kids and two jobs, it was just a crazy week. If they told me i needed them, i would have found some way to get them or would have asked the roofer to take some for me. I will keep you posted. Thanks again.

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PostPosted: Sat Jan 19, 2013 12:53 am   Post subject: claim  

Or you could also call Allstate back and ask for them to listen to the recorded call of the customer service rep that told you that you didn't need any pictures. Then it would be an E & O issue on Allstate's part.


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PostPosted: Sat Jan 19, 2013 2:59 am   Post subject:   

Quote:
Then it would be an E & O issue on Allstate's part.


This is not an E&O issue. E&O is for agents, not insurance companies.



But, yes, the calls are normally recorded, except that sometimes they are conveniently "unavailable".


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PostPosted: Mon Jan 21, 2013 2:58 am   Post subject:   

I spoke to several people at Allstate and went "up the ladder" according to them some calls are recorded and they have no proof that the rep on the phone gave me bad advice. They said it was my word against theirs.





"conveniently "unavailable"." was pretty much the excuse they gave me.

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PostPosted: Mon Jan 21, 2013 10:24 am   Post subject:   

Quote:
They said it was my word against theirs.


File your complaint with the state Dept of Insurance ASAP. Their attitude should undergo a change.


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