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I was in a auto accident in New York. Other carrier Allstate. I was T-boned. Other driver totally at faulted.

Jordan, NY |

Had surgery c5-7. Still in rehab. Frozen right shoulder, and head tremors from hitting the window. Demand package sent 95 days ago, no response as of yet from Allstate. Should I put pressure on my attorney, or be patient?

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Attorney answers 11


Pressure to do what, settle the case before you know the outcome of your rehab? Quite frankly it sounds as though a demand package was premature unless the coverage available is limited. I think a sit down with your attorney is in order.

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The only reason to send out a demand while still in rehab is because of a limited policy. Sadly, 95 days is not unheard of, particularly for allstate, and particularly since you are still treating. Ask your attorney how often they contact the adjuster and why the delay, I'm sure your attorney is just as frustrated as you are.

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There must have been a good reason for you to hire your attorney. Be patient and let him/her do their job. If you have a serious injury, it is best not to rush it. Sometimes it takes a while to get answer. Your attorney will notify you as soon as he/she receives an offer. Good luck.


Is the case in suit? Allstate usually will not jump to settle a case fairly in the best of circumstances. You should be patient because it doesn't sound like you know how bad you are injured yet. What are the policy limits?


You can put pressure on your attorney to commence an action against the defendant. Being that the insurance carrier for the defendant is Allstate, they tend to be very very slow in settling cases even in cases like yours where your injuries are quite serious and you may have good liability. You can give it more time if you want or you can move forward.
Whether or not Allstate decides to settle quickly will also depend on how much insurance coverage the other driver has. The more insurance coverage he has the longer Allstate will take to resolve your matter. Please keep this in mind.

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What's the coverage? Is the case in suit? Do you have applicable sum coverage? You need to speak with your lawyer.

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What's the rush? Trust your attorney - that is what you are paying him for. Never good to look too anxious to insurance adjusters - I know, I used to train them.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


Yes and yes


Allstate will do what they always do... employ the three D's. Deny, Delay and Defend. Depending on the size of the policy, be prepared to try your case. They will have some doctor testify that all your spinal issues are pre-existing.

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Speak with your attorney. If it is put in suit, then the case moves along. All state is slow. Speak with your lawyer about underinsurance coverage and if it is applicable,

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Have your lawyer file suit

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