AllState filed a lawsuit against me because they claim I hit their insured driver and left the scene. They appearantly fixed their insured driver car and is now suing me for damages.
When I got in contact with AllState I informed them that their driver hit me. And that me and the driver both communicated on the scene. The driver did inform me that she had full coverage and that she needed to get her car fix but couldn't afford to. I told the driver I was calling the police and she said because nothing was wrong with my car can we just resolve the matter by going our separate ways and that she would find a way to get her car fixed. I asked for compensation but this lady acted as if she had no money so I agreed to just leave it alone and we both left.
Also, the driver hit the back of my car with the front of her car. But her car had damages on the side, not the front so it is possible that the damages could've been there before our accident.
AllState say they got it on camera but if this is true why would they contact me being that they driver was in the wrong? Can I reverse it and sue AllState since they driver hit me? Also can AllState sue me if they driver hit my car?
If you have auto insurance call them ASAP and tell them what's going on.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
It sounds like a mess. Sorry for your unfortunate experience. My advice is that you turn this over to your own automobile insurance company and let them fight it out with Allstate. It will be much cheaper/easier if you do. As for your own claim, if you suffered damages as a result of the other driver's negligence, then yes, you should file a claim against Allstate under the other driver's liability coverage. Proving what happened and who is at fault after-the-fact may be a challenge, and this is all the more reason why you should get your own insurance involved. Good luck.
When in an auto accident, it is always prudent to contact your insurance company. Even if you are not going to make a claim, it is best to give the information over to them when it is fresh and memorable, and not when part of a litigation.
Best of luck.
Reach out to a local personal injury attorney if you want to sue the driver, you should have gotten one long ago.
As for what Allstate is doing, if they are doing this and are utterly wrong they could be in trouble, but that is a very very high burden. You may just want to defend.
Nothing contained herein is meant to create an attorney-client relationship. The only way to create an attorney client relationship is if you contact me and I agree to represent you. If you want to contact me my information is available on my profile page. Please be advised that retaining an attorney is a serious consideration and should not be based on advertisements. Feel free to contact me for free paperwork on my experience.
You would have to prove in court that the other driver was in the wrong. You need to hire a defense attorney. If your vehicle was insured at the time, contact your insurance company and they should provide an attorney for you.
Like some of the other attorneys mentioned, if you have auto insurance you should contact them immediately to at least help you get some of this straightened out before you consider any counter-suits.
This answer is provided as a public service and as a general response to a general question. It is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
If you are sued and you have a harm or damages, then you can file a counter claim if they sue you. If your insurance paid on your property damage, then you have assigned your claim to them. You have to have something to sue about, in other words. turn it over to your car insurance.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline