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You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions about Allstate in car accident lawsuits.

How long does it take to settle a lawsuit with Allstate?

The majority of Allstate lawsuits take several months to settle, however, they can take as little as a few weeks or as long as around two years.

How long it takes to settle each case depends on the individual circumstances, as some are far more complex than others — especially if they involve extensive injuries or a wrongful death.

What are the reasons why Allstate would deny a claim?

If you recently had a car accident claim denied by Allstate, there are a few valid reasons for why this may have happened.

Reasons why Allstate may deny your claim include:

  • Your policy had lapsed at the time of your accident due to non-payment
  • You were participating in an illegal activity at the time of the accident, such as drunk driving
  • An unauthorized driver was driving your vehicle at the time of the accident
Is it required to hire a lawyer when suing Allstate over a denied claim?

It is usually not required to hire a lawyer when filing any type of lawsuit, including a lawsuit against a car insurance carrier.

However, it is highly recommended to hire a personal injury lawyer for this type of claim, as one can provide many benefits and typically provides a much better outcome.

The short answer is yes, you can sue Allstate insurance company after a car accident, and this may be the action you want to take if you feel that they mishandled your car accident claim.

You may feel that your auto accident claim was unjustly or unfairly denied by Allstate, that you received an inadequate amount of compensation for your damages, or that they acted in bad faith.

No matter the reason, a successful lawsuit against Allstate can help you to recover the damages that you are owed, so you can focus on your recovery and healing without having to worry about the financial repercussions.

If you need help finding a top-quality car accident lawyer in your area, reach out to LegalFinders at any time to get started with a free case review.

Allstate loss adjuster inspecting the car after a road accident

What To Know About Suing Allstate For An Insurance Claim

It is important to know that the process for suing Allstate will be affected by the state that you live in and the insurance laws for that state.

The majority of states have at-fault insurance laws regarding car accidents, but there are 12 states which have no-fault insurance laws.

The laws in your state because it will affect whether you sue your own car insurance company or that of the at-fault motorist.

Is Suing Allstate The Same As An Insurance Claim?

No, suing Allstate is not the same as filing an Allstate insurance claim. In fact, suing Allstate is a course of legal action that would only happen after filing an insurance claim first.

An insurance claim is what you file first after an accident, and allows an accident victim to collect financial compensation for their accident-related damages.

A lawsuit against a car insurance company, such as Allstate, could then be filed if the accident victim was unsatisfied with the outcome of their initial insurance claim.

It is often best to work with an experienced car accident attorney when deciding whether to sue an insurance provider. They can help determine your eligibility for such a case and decide if this is the course of action you would like to take.

Eligibility For Filing A Car Accident Lawsuit Against Allstate

In most instances where someone starts a personal injury case against a car insurance company such as Allstate, it is because that insurance provider acted in bad faith.

Examples of how a car insurance company can act in bad faith include:

  • Participating in practices that are illegal or fraudulent
  • Denying a claim without a valid reason
  • Providing a settlement offer that is unreasonably low
  • Causing unnecessary delays throughout the claims process

If you are unsure whether your insurance provider’s actions qualify as bad faith, or if you think you may be eligible for a lawsuit, contact a personal injury law office for a free consultation.


What Type Of Lawsuit Can You File Against Allstate?

When filing a lawsuit against Allstate you typically have a couple of choices, depending on the specific circumstances and details of your accident.

There are two main types of lawsuits that a person can file against Allstate:

  • A personal injury lawsuit is filed in order to collect compensation for injuries and damages related to an accident.
  • A wrongful death lawsuit is filed on behalf of a deceased person by one of their surviving family members in the event that the accident involved fatalities.

Personal injury lawyers and car accident attorneys can assist with both types of lawsuits against Allstate.


Factors In Car Accident Lawsuits Against Insurance Companies

There are numerous factors that come into play when considering a lawsuit against a car insurance company like Allstate.

Factors that can affect car accident lawsuits against insurance companies include:

  • Whether there were serious injuries in addition to property damage
  • If all drivers had insurance coverage at the time of the accident, including the at-fault driver
  • The amount of money that the claimant has lost to medical bills and other damages
  • How strongly the evidence is in the policyholder’s favor
  • Which driver or drivers were found to be negligent and liable for the accident


How To Sue Allstate Insurance After An Auto Accident

You can take the following steps after you have decided to take legal action against Allstate Insurance.

1. Get A Free Case Evaluation With A Car Accident Lawyer

Your first step is always to determine your eligibility through a free case review with an experienced car accident attorney.

After you have established your eligibility, your car accident lawyer can help you gather evidence and build the case for your claim.

2. File Your Car Accident Claim

Your car accident attorney can also help you file your claim against the insurance company, making sure that all deadlines are met and proper evidence has been gathered and submitted.

This part of the car accident claims process can be complicated, so a car accident attorney can be particularly helpful here.

3. Start Settlement Negotiations

Reaching a settlement often involves a lot of back-and-forth negotiations with insurance adjusters and lawyers from both sides, as both parties must agree on a settlement amount in order for the case to settle.

This part of the legal process also involves a fair amount of knowledge about expertise surrounding state car accident laws.

4. Move Your Lawsuit To Court

In rare instances, the parties involved in a car accident insurance claim are not able to reach a settlement and the case has the option of moving to court.

When this happens, you will want to have an experienced personal injury attorney representing you who can argue your case confidently and knowledgeably.

Evidence You Need To Sue Allstate For An Insurance Claim

Evidence is extremely vital for any type of car accident case, including those against car insurance companies.

Evidence needed for a lawsuit against Allstate can include:

  • Medical records
  • Record of medical expenses and other costs
  • Police report or accident report
  • Witness statements or testimonials
  • Photographs from the accident and all vehicles involved

Always ensure that you collect contact information and insurance information for all drivers involved in your accident as well, in case additional information or evidence is needed later on.


Allstate Insurance Coverage And How It Affects Lawsuits

Allstate offers several different types of insurance policies to their customers, which can in turn affect lawsuits later on.

Types of auto insurance coverage offered by Allstate include:

  • Liability insurance coverage protects policyholders from any accident injuries or damages that they are responsible and liable for.
  • Personal Injury Protection coverage is for costs related to an accident, such as medical costs, loss of income, and pain and suffering. This type of coverage is usually only available in states that have no-fault insurance laws.
  • Collision coverage is a type of insurance that covers property damage regardless of which driver is found to be at-fault or liable.
  • Comprehensive coverage covers events that are out of a driver’s control, such as theft, weather events, natural disasters, or collisions with animals.


How Long Do You Have To Sue Allstate After An Accident?

How long you have to sue Allstate after an accident will depend on the statute of limitations in your state.

In most states, the statute of limitations for a personal injury claim is two or three years from the date of the accident, though a handful of statutes have statute of limitations between four and six years.


Allstate Car Insurance Lawsuit Settlements

Car insurance lawsuit settlement amounts can vary greatly, however, depending on the individual circumstances of each case and whether the case involved bodily injury in addition to property damage.

If you feel that you did not receive a fair settlement and received less than you should have from your car accident claim, filing a car insurance lawsuit may be the appropriate next step.


Types Of Damages In Allstate Car Accident Lawsuits

There are several different types of damages that car accident victims may qualify to claim when filing lawsuits against an insurance company.

Types of damages listed in Allstate car accident lawsuits include:

  • Medical bills and related medical expenses: if you have received any type of medical care or services to treat accident-related injuries, such as soft tissue injuries
  • Loss of income: if you lost wages, benefits, or income during the recovery period
  • Loss of future income: if the accident has left you permanently disabled or injured to the point where you can no longer work in the future
  • Pain and suffering: if you have experienced prolonged emotional or psychological distress as a result of the accident
  • Loss of consortium: if you have lost a close companion as a result of the accident, such as a spouse or partner
  • Wrongful death: if a loved one or family member has passed away due to their accident injuries


Allstate Auto Insurance Statistics

According to U.S. News & World Report, Allstate has a four out of five-star rating overall and is tied for the number six spot in terms of overall auto insurance company rankings.

Auto insurance and claims statistics for Allstate include:

  • 48% of customers report being satisfied with how their insurance claim was handled by Allstate
  • 51% of customers who have filed a claim with Allstate report that they would recommend Allstate to others
  • Allstate rates for adult drivers tend to be between 39% and 42% higher than the national average
  • Allstate reported more than $1.4 billion in losses due to increased rates, policy changes, and payouts in 2022


Get Help Suing Allstate After A Car Crash Today

If you or a loved one has been the victim of a car accident and your insurance claim was denied or you were given a lowball payout by your claims adjuster or insurance provider, you may be eligible for legal action.

To find out more about your legal options and to take part in a free consultation to discuss your eligibility, contact LegalFinders today.

We work with top-quality personal injury attorneys and law firms throughout the United States, and can help you find the best and most experienced lawyer for your case.


Our staff are standing by to help you find the perfect attorney for your case.

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Published: 27 September 2023


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