We represented a smart, articulate accountant earlier this year. She was involved in a low-impact accident. Allstate insured the at-fault driver. It offered the accountant less than $1,500 despite the fact she underwent three months of physical therapy, massage and acupuncture treatments.
Before filing suit we provided Allstate evidence corroborating the accountant’s medical expenses and wage loss. Allstate refused to budge and went so far to claim that the accountant’s back and neck pain was the result of a long-resolved divorce. This cynical defense—that physical pain is the result of pre-existing emotional issues—is used in many if not most cases by Allstate. Allstate also argued that it’s client, who clearly violated the right of way, was not responsible for the accident.
We arbitrated the case under King County’s Mandatory Arbitration Rules. The arbitrator awarded over 30 times Allstate’s highest offer. This case reinforced our long-standing impression: Allstate is not going to offer fair market value on personal injury claims—particularly low impact claims. These cases must be litigated to conclusion.