Idaho Allstate Insurance Lawyer
Car Accident Attorney Assisting Clients with Allstate Claims in Idaho
Dealing with the aftermath of a car accident is never easy, even if you sustained relatively little property damage and minor injuries. To be sure, you must take a number of steps after the collision to ensure that you remain eligible for compensation. And if you have suffered serious injuries, the prospect of dealing with insurance paperwork and the insurance company can be extremely overwhelming. An Idaho Allstate insurance lawyer can help.
How Do I Decide Where to File My Claim?
Idaho law requires all drivers to be insured in the event of a collision. Since Idaho is what is known as an “at-fault” state—which a majority of states are—an injury victim can choose to file a claim either through her own Allstate policy, or through the negligent driver’s insurance company, whether it is Allstate or another insurer. When you file through the other party’s insurance company, this is known as a third-party claim.
What are some of the benefits and limitations of filing with your own insurance company as opposed to filing a third-party claim? When you file with Allstate through your own insurance, you will need to pay your deductible up front, and you could also face a rise in your insurance premiums. The good news is that it may be possible to settle the claim more quickly. If the other driver is liable, your own insurer can attempt to recoup the money from that other driver’s insurance company, including any deductible you paid.
If you go through the other driver’s insurance company—in other words, if you file a third-party claim—you will not have to pay your deductible, but it may take significantly longer to reach a settlement. When deciding how to file your claim, you should always speak with an Idaho Allstate insurance attorney. It is also important to understand your rights under Idaho law.
How Unfair Claim Settlement Practices Affect Car Accident Claims
Idaho law makes clear that insurance companies like Allstate must adhere to the law and avoid unfair claim settlement practices. In other words, injury victims who file insurance claims have rights when it comes to the methods and timing of settling a car insurance claim. The statute lists some of the following as examples of unfair claim settlement practices:
- Misrepresenting relevant facts or provisions in the insurance policy;
- Failing to respond promptly to communications arising from claims;
- Failing to adopt and implement reasonable standards for investigating claims promptly;
- Refusing to pay claims without conducting a reasonable investigation;
- Failing to affirm or deny a claim within a reasonable period of time;
- Failing to effectuate a prompt, fair, and equitable settlement of a claim in good faith;
- Attempting to settle a claim for less than a reasonable person would believe was fair in the given circumstances (making a lowball offer);
- Delaying an investigation for a claim; and/or
- Failing to provide a prompt, reasonable explanation for the denial of benefits.
As you can see, Idaho law considers certain kinds of lowball settlement offers, as well as an insurance company’s failure to investigate or respond in a timely manner, to be unfair claim settlement practices. If you believe you have been the victim of an unfair claim settlement practice, you should learn about compensation options by speaking with an Allstate insurance claims attorney in Idaho.
Statute of Limitations in an Idaho Car Accident Claim Involving Allstate
When you are involved in a car wreck in Idaho, you only have a certain amount of time to bring a lawsuit. Why is this relevant to an Allstate insurance claim? In short, if you cannot settle your claim for a fair amount, you may need to take your case to court. You will need to give yourself time to work on a reasonable settlement with the insurance company before filing a personal injury lawsuit.
There is a two-year statute of limitations in Idaho on most car accident claims. This statute of limitations means that you must file your lawsuit within two years from the date of the accident in order to be eligible for a civil remedy. An Idaho car insurance lawyer can say more about how this works and can help to ensure that your claim gets filed on time.
Contact an Allstate Insurance Attorney in Idaho
Were you recently injured in a motor vehicle collision in Idaho? Do you have questions about filing an Allstate claim, or have you been denied benefits? An experienced Idaho Allstate car insurance attorney can speak with you today about your case. Contact Hansen Injury Law for more information.