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Can allstate raise rates after accident? Thank you very much. Stan | ||||||||||||||||||||
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| ![]() Powered by | ![]() Q. My allstate insurance guy is trying to tell me that pleasure does not cost less than drive to work for our car | ||||||||||||||||||


Q. Hit by an excluded driver (cited and arrested) - do i pursue diminished value against driver or owner? i am hoping someone out there has some knowledge on this. my baby and i were hit by a street racing car that was driven by an "excluded" driver. i have over $14k damage to my car that my insurance company (allstate) is paying for under my policy, then the following items that i must pay for:
1. 6-8 weeks of rental car to pay for and my car might still not be ready (parts, parts, parts),
2. everything in my car that was broken (an expensive stroller) and stolen from the lot as the car was completely open post-accident (cds, dvds, beach items) [allstate did buy a new carseat for my baby the day after the accident].
3. the loss of value/diminished value when i try to sell the car (according to online calculations it will be around $5,000)
4. my no-way-around-it raise in rate for being hit by an uninsured driver
how do i recoup on my out of pocket expenses? small claims court in ca is 7,500.00 - do i try to collect this way and do i go after driver or owner?
thank you both! the online loss value calculator must not work in the "real world". i will check with my adjuster (who has been less than helpful - she told me my consolation should be that the driver's license was suspended). if the driver drives w/o insurance, i am sure he is driving w/o a license. "blood from a turnip" has been used a lot. thx.
"Allstate will pursue the registered owner of..."
Having been an adjuster in CA for Allstate.....CA does not recognize dimunition of value claims so don't even try it. Allstate will pursue the registered owner of the car that caused damage to yours to recover what they paid to repair your vehicle PLUS your deductible, but they can not pursue any out of pocket expenses for you.
Your Allstate policy has a Right of Recovery clause. YOU cannot do anything to jeopardize their right of recovery. If you sue the guy, you have to sue him in Civil Court (not small claims) & you have to sue for ALL the damages (cost of repairs, your deductible, your out of pocket)--you can not sue for just your out of pocket alone b/c if you do and you win you have barred Allstate from collecting back their money--and if you do this, they will come after YOU for what they paid and additional damages. It's called breach of contract, and you do not want this to happen to you. I've seen it happen.
Don't believe me? Read your policy and ask your claims adjuster.
Just put your answer in the box below and hit Save.
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