How to Negotiate and Settle Allstate Insurance Claims in Texas
Dealing with an insurance claim can be frustrating, especially when negotiating with a company like Allstate. Many policyholders face delays, lowball offers, or outright denials. Knowing how to handle the claims process effectively can make a significant difference in securing the compensation you deserve.
McGilberry & Shirer has extensive experience helping Texans navigate Allstate’s claim process, ensuring they get fair settlements. This guide breaks down the negotiation process, common challenges, and how to strengthen your case.
Understanding Allstate’s Insurance Claims Process
Step 1: Filing the Claim
As soon as an accident happens, report the claim to Allstate. You can file a claim via:
- Allstate’s website
- Mobile app
- Phone call to the claims department
- Speaking to your Allstate insurance agent
Providing clear and accurate details about the incident is essential. The insurance company will assign an adjuster to evaluate the claim, including damages, medical expenses, and liability.
Step 2: Initial Investigation
Allstate’s adjuster will assess the accident details, including:
- Police reports
- Medical records
- Witness statements
- Vehicle damage assessments
This step determines how much Allstate believes your claim is worth. The adjuster will typically offer a low initial settlement in hopes that claimants will accept without negotiation.
Common Tactics Allstate Uses to Minimize Payouts
1. Low Initial Settlement Offers
Insurance companies often offer a settlement far lower than what you may actually be entitled to. They assume that claimants will accept the first offer without dispute.
2. Delayed Claim Processing
Allstate may drag out the process, hoping you will settle for less out of frustration. Delays are common, particularly for significant claims involving medical expenses and lost wages.
3. Disputing Liability
Allstate adjusters may argue that their policyholder is not fully responsible or claim comparative negligence, reducing the amount you receive.
4. Downplaying Injuries
The company may suggest that injuries are not as severe as stated or require less medical treatment than what is documented.
5. Asking for Unnecessary Documentation
Claimants are sometimes required to submit excessive paperwork, delaying the process further.
How to Strengthen Your Case Before Negotiating with Allstate
1. Gather Strong Evidence
To negotiate effectively, you need solid proof supporting your claim. Key pieces of evidence include:
- Accident reports from law enforcement
- Photos and videos of the accident scene
- Medical records detailing your injuries
- Witness statements
- Repair estimates for property damage
2. Keep a Detailed Record of Expenses
Maintain documentation of all medical bills, therapy sessions, lost wages, and any additional costs incurred due to the accident.
3. Avoid Providing a Recorded Statement
Insurance adjusters may ask for a recorded statement, but you are not legally required to provide one. Anything you say may be used against you to justify a lower payout.
4. Calculate a Fair Settlement Value
Before negotiations, determine what your claim is worth by considering:
- Medical expenses (current and future)
- Property damage repairs or replacement
- Lost wages from missed work
- Pain and suffering compensation
How to Negotiate with Allstate for a Better Settlement
1. Reject the First Offer
Allstate’s initial settlement is almost always lower than what you deserve. Politely decline the offer and counter with your own figure, backed by evidence.
2. Use Policy Limits as Leverage
If your damages exceed the policy limit, Allstate may try to settle quickly. Knowing the at-fault party’s insurance policy limits can help you push for a fair settlement.
3. Be Persistent and Document Everything
Every interaction with Allstate should be documented, including:
- Emails
- Phone calls
- Letters from adjusters
If an adjuster makes verbal promises, request written confirmation.
4. Present Medical and Financial Proof
Provide medical bills, doctor’s statements, and proof of lost wages to justify your claim. This prevents Allstate from arguing that your injuries are exaggerated.
5. Be Prepared to Take Legal Action
If Allstate refuses to offer a reasonable settlement, hiring a ** ** personal injury attorney can send a strong message. Insurance companies often increase their offers when legal action is involved.
When to Hire an Attorney for Your Allstate Claim
1. Your Claim Is Denied
Allstate may reject claims outright, citing policy exclusions or disputed liability. An attorney can help appeal the decision with stronger evidence.
2. The Offer Is Too Low
If the settlement amount doesn’t cover your medical bills, lost wages, and damages, a lawyer can negotiate for higher compensation.
3. You Have Serious Injuries
Severe injuries often require long-term medical treatment and rehabilitation. Insurance companies may try to downplay long-term costs, but an attorney ensures all future medical expenses are considered.
4. Allstate Is Stalling Your Claim
If Allstate delays processing your claim, a legal representative can push the company to act promptly or file a bad faith insurance claim.
5. Liability Is Disputed
If Allstate blames you for the accident, a personal injury attorney can challenge the claim with evidence and legal expertise.
What If You Still Can’t Settle with Allstate?
1. Mediation or Arbitration
If negotiations fail, mediation allows both parties to resolve disputes without a lawsuit. In arbitration, an arbitrator decides the settlement amount.
2. Filing a Lawsuit
If Allstate refuses to settle fairly, filing a personal injury lawsuit forces the company to defend itself in court. Most insurance companies prefer to settle rather than go to trial.
3. Trial Proceedings
If your case goes to trial, a judge or jury will decide the final compensation amount based on presented evidence.
McGilberry & Shirer Can Help You Maximize Your Settlement
Negotiating with Allstate can be stressful and overwhelming, especially when facing delays, lowball offers, or denied claims. At McGilberry & Shirer, our experienced personal injury lawyers understand Allstate’s tactics and fight for the maximum compensation you deserve.
We handle car accidents, truck accidents, motorcycle crashes, and personal injury claims across Texas. If you’re struggling with a settlement, let us fight for you.
Call us today at 972-764-8675 for a free consultation!
