South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

In legal circles, insurance circles, and amongst colleagues of both sides of the coin, plaintiffs and defendants,  there is an on going understanding of how awful Allstate Insurance claims adjusting and case evaluations are in comparison with reality and fairness. 

I tell everyone that comes in my office how bad Allstate Insurance company is when it comes to providing a fair or reasonable offer on their personal injury claim. Again, truth is an absolute defense to any potential libel or slander claims so I want to put forth the TRUTH about Allstate:

1. Insurance adjusters for other insurance companies have resolved their portion of a claim with me and said, "Good luck"; "I wouldn't want to deal with them", "I don't see how they haven't been shut down by the state", in reference to resolving the other portion of the claims with Allstate;
2. I have been told by an Allstate insurance adjuster that regardless of what my client's treating physicians said they were not paying the claim because she didn't think my client was hurt. (She may have had a college degree but no medical training or certification);
3. Allstate insurance representatives (in SC) have openly discussed with me how bad the company is run, how ridiculous the claims process is for them to get any authority, and how a machine (Colossus) tells what your claim is worth, not a person;
4. Allstate adjusters have told my clients (prior to my representation), that they can't possibly be hurt because of the collision they were in and need to settle the case because an attorney can't help them;
5. A year or two ago they use to have a system to try and move cases and it didnt matter what happen or what injuries the client received. It was based solely on medical bills. From $0-2,500 they would offer $500; $2,500-7,500 a $1,000 and so on but no more than $2,000 regardless of the amount;
6. I have had numerous cases where they offered to settle for less than or equal to the medical bills and then I file suit and go through the litigation motions only to settle for a reasonable value and absolutely no facts, medical bills, or circumstances arose that would merit such an increase other than the fact, I filed suit.  (one such instance was so ridiculous that my client had a $15,000 offer and absolutely nothing changed but litigation was initiated--we settled for nearly half a million); and
7. More than half a dozen defense attorneys I work with have made this specific statement when discussing Allstate cases, "Well Trey, you know this is Allstate........."  (No other insurance company is mentioned in that regard).

Why do I hate Allstate Insurance Company so much?

• I do not believe they conduct their insurance practice in good faith;
• Their commercials grate on every nerve I have when I know how poorly they treat their own insureds (what you are if you have Allstate Insurance), much less victims injured by their insureds; and
• Consumers (you if you buy anything) are not educated on the front line about what they are buying and then they are being taken advantage of by their own insurance companies.

My solution:

1. I have decided to fight Allstate regardless of the time, resources, and value on the claim;
2. I educate every person I see, regardless if they become a client, on insurance and how bad Allstate conducts claims;
3. I remain an active voice for those that have been deceived, manipulated, talked down to, and dejected by uninformed, uneducated, and ignorant Allstate representatives; and
4. I blog when my blood pressure gets sky high because an Allstate adjuster just offered me $1,200 over medical bills of $12,800 and did not dispute that their insured was at fault or the injuries my client received. When I asked the reasoning for the offer and he gave some BS answer I made the comment that I don't know why I even ask anymore and he said, and I quote verbatim, "Yeah, I don't know either. I came from another claims office and it just seems like a waste of time."

I am always open to hearing the other side of this issue or in lieu of no one having anything good to say about Allstate either, more war stories of how bad they are. 

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If you are injured and are having financial problems, you may need to file bankruptcy. If you find yourself in this situation, it’s vitally important that you advise your bankruptcy attorney of your personal injury claim.

Let’s face it. Injury often causes financial problems. If you can’t work, you don’t get paid, or you get paid only what your disability insurance covers—usually a small portion of what you were earning prior to the injury. And that’s if you’re lucky and don’t get jerked around by the insurance company.

Financial problems, in turn, often lead to bankruptcy. I see this frequently in my Charleston bankruptcy practice.  If that happens to you, there are some important things you should know.

Having Two Lawyers is Like Having Two Doctors

If you have two doctors and one prescribes something the other doesn’t know about, that can be dangerous. It’s the same with two lawyers. You might think that your bankruptcy lawyer doesn’t have anything to do with your personal injury claim, but he does. You need to make sure each lawyer knows about the other.

Your Injury Claim is Property of Your Bankruptcy Estate

When you file bankruptcy, any assets you have become property of your bankruptcy estate. Don’t panic! This doesn’t mean you lose everything you own. It does mean, however, that you must list all your assets and then claim your “exemptions” in them. “Exemptions” are property you are allowed to keep. For example, in South Carolina you are allowed a $51,450 of home equity, a vehicle with a value up to $5,150, and many other exemptions.

But here’s the rub. If you don’t list the asset, you can’t exempt it. Only disclosed assets are abandoned (released) from your bankruptcy estate. Your bankruptcy trustee will specifically state this at your bankruptcy hearing. 

So if you don’t disclose your personal injury claim in your bankruptcy, you don’t own it. That means it can’t be released from your bankruptcy estate and remains an asset for the bankruptcy trustee to recover.   If the insurance company’s attorney finds out about your failure to disclose your personal injury claim in your bankruptcy case, he’ll use that to get your personal injury case dismissed. 

In addition, it’s a felony to withhold information in your bankruptcy filing. Actually, it’s two felonies: bankruptcy fraud and perjury—lying under oath. Both are serious crimes and can result in prison sentences. 

In “Personal Injury Claims and Filing Bankruptcy (Part Two)", I’ll discuss another problem you’ll encounter and an unfortunate case from right here in South Carolina. 

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott's bankruptcy practice.)

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.

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Not all life is pain and injury. Sometimes you get to take advantage of your hard work and dedication. Or as the Bible states in Psalm 128:2, " You will eat the fruit of your labor, blessings and prosperity will be yours."  As a member of the American Association of Justice (AAJ) I was invited to a conference in Maui, HI. This being my fifth year as a plaintiffs' lawyer I felt the time was good for a little vacation and working conference.

The lineup is always amazing for the AAJ Conference and the talented, experienced, and world renown lawyers that were on hand helped motivate this younger, yet driven attorney. Its always good to draw on the passion I have to fight against the evil insurance companies, ie (Allstate, Selective, Sentry, Progressive, State Farm, and many more) and to see that passion in practicing attorneys of 30 years or more is energizing. As an evil insurance hater in Anderson, South Carolina you can sometimes feel like an island but when you rekindle that hatred for wrong doers amongst other successful lawyers around the country you are reminded that you are on the right path.

If you ever get to Maui for a vacation to relax, rejuvenate, and/or reflect here are things I recommend from a nonworking perspective:

1. Old Lahaina Luau- A great look into Maui's history and to the Hawaiian way of life in general. Not as commercialized as other advertised luaus and the food was amazing. Plus if you like to drink the price includes all you can eat and drink. The location is right on the ocean and reservation are a plus.
2. Sail Triology- Both the book I bought and friends that went before us recommended this tour for snorkeling. On the day we went we actually had the founder on the boat, got to see the sun rise, saw a twin whale breach, heard whales underwater while snorkeling, had fantastic food, and smooth sailing. A must do excursion.
3. Road to Hana- this was made more delightful by not driving personally and not having to return back on the same day by car. It has been named the "Divorce Highway" by locals because of the toll the winding roads and one way bridges take on a couple.  Simply beautiful, historic, and breathtaking. So hard to describe but is a must do. We drove there and took a helicopter ride back touring the waterfalls and the volcano, Haleakala.
4. Old Lahaina Grill-not sure how we found this on the first night but it was great. Others bragged about Mama's Fish House but we felt it was overrated and overpriced. You can't beat the location of Mama's Fish House but I think you can beat the food. A runner up in the food area was the Waterfront Restaurant- simple, affordable, and good.

I have been blessed to travel to many places in my short life of 32 years and I encourage others to do the same because you never know what life has in store for you. As a 14 year leukemia survivor I dont wait on my retirement to visit the places I want to see. I see them as soon as possible and check them off the list I made shortly after cancer.

Visit Hawaii. Check.

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