A car accident can leave you shaken and confused. You may be in pain and out of work with medical bills mounting. Meanwhile, you need to file an Allstate claim. You may have heard that Allstate insurance claims can take a long time to process. However, managing the claims process doesn’t have to be difficult if you know what you are doing or if you have hired a car accident lawyer who knows the ropes.
Understand the Difference Between a First-Party Claim and a Third-Party Claim
Missouri recognizes two main types of auto accident insurance claims: first-party claims and third-party claims. In a first-party claim, you file a claim with your own auto insurance provider, such as Allstate, under coverages like medical payments (MedPay), collision, or uninsured/underinsured motorist coverage. In a third-party claim, you file a claim against the at-fault driver’s auto liability insurance.
Missouri is an At-Fault Auto Insurance State
As an at-fault insurance state, Missouri allows you to immediately file a personal injury claim against the at-fault driver or file a lawsuit. You don’t need to rely on personal injury protection (PIP) insurance the way you do in no-fault states.
Steps to Take
After a car accident, take the following steps to the extent that your injuries allow. If your injuries are too serious to allow you to handle these matters, ask a friend or relative to help you.
Step 1: Call 911
Call 911 to summon the police. If necessary, an ambulance. Missouri law requires you to call the police if:
- Someone involved in the accident suffered an injury or death;
- Property damage exceeds $500. Sometimes, even a scratch can cause this much damage.
- One of the drivers was uninsured.
Don’t leave the scene of the accident until the police arrive if you can safely remain.
Step 2: Photograph Anything You Might Be Able to Use as Evidence
Photograph the accident scene, the position of the cars on the road, license tags, IDs of the other driver and witnesses, any injuries, skid marks, road conditions, the sky (if the weather was a factor), and anything else that might help you establish your claim.
Step 3: Seek Medical Attention
Everyone knows to seek medical attention in the event of a serious injury. Not everyone knows, however, that you should seek medical attention even if you don’t think you are injured or if you think your injuries are minor. Seek medical attention on the day of the accident if your body suffered any impact. Even seat belts can injure you under certain circumstances.
Step 4: File a Claim With Allstate
Allstate claims are easy to file but not as easy to win. You can file online or by phone:
- Filing a claim online: Allstate allows you to file both first-party claims online. Most people cannot file a third-party claim online–you must work with an insurance adjuster by phone or in person. Exceptions exist for rental car companies and medical providers, for example. For a first-party claim, you must sign up for your own online account under the My Account section. Keep in mind that Allstate also has a mobile app.
- File a claim by phone: To file a claim by phone, call the Allstate insurance claims phone number at 800-ALLSTATE. Since Missouri is a one-party consent state when it comes to recording phone conversations, you can record your phone conversations with Allstate without informing them.
Whether you’re using the online portal, mobile app, or speaking directly with an adjuster, be prepared, stay organized, and consider seeking legal guidance if the process becomes challenging.
Step 5: Negotiate Your Claim With Allstate
You need to be particularly careful here. Allstate claims adjusters can probably out-negotiate you, but they can’t out-negotiate a skilled and experienced car accident lawyer. Claim processing time varies widely from case to case. Most claims resolve within a few months, some sooner.
Step 6: File a Lawsuit
You might not need to file a lawsuit, but doing so can help under certain circumstances. A lawsuit can:
- Prove to Allstate that you are serious about your claim;
- Beat the statute of limitations deadline to file a lawsuit and
- Get your claim to the pretrial discovery evidence collection process.
Filing a lawsuit does not make a trial inevitable. You can always offer to drop your lawsuit in exchange for a reasonable settlement.
Do You Need a Missouri Car Accident Lawyer to Help You File a Claim?
You might not need a lawyer to help you resolve a minor fender-bender accident. If you spent time in the hospital, however, or if your car was seriously damaged, consider hiring a personal injury lawyer.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
While these laws may seem strange, they reflect Missouri’s historical efforts to maintain public order and safety. It’s important to be aware of such laws, even if they’re rarely enforced, to avoid potential legal issues.
For more information, contact the best personal injury lawyer in St. Louis, MO at Roach Law Car Accident Lawyers. We proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
