Wilkes Barre, PA asked in Car Accidents and Insurance Bad Faith

Q: My car was in a funeral procession when a pick-up truck, riding the paved shoulder forced it's way 3/4's in front of me.

Immediately slammed on brakes with only inches between us after hitting my right front fender.as he wedged between my car and car ahead of me. Further damaged as all center of my car went under pick up. No injuries, airbags did not deploy. Allstate declined liability prior to police report even being available, claiming I was at fault. PA state police report puts total blame on Allstates's insured, citing multiple witness interviews, clear narrative, and having cited Allstates' insured for careless driving. In PA., this is above charge of reckless driving. Decision based on insured's falsehood's alone. Clearly a case of "bad faith" but I have no financial means to initiate litigation. Law in all 50 states prohibits entry into or through funeral procession. Allstate under-appraised damage to near pristine 1999 Cadillac at less than $2000. Car in storage, $40 per day, +towing charge, a total ($4700+). Also. was advised in writing of denial past 14 day limit. 12/10 v 12/3. 7 days late.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: The problem will be the storage--while they didn't pay, the law says you have to "mitigate damages" which means bailing your car out. For a car of that vintage it may be difficult to show an "under appraisal." Did you get the valuation sheet which shows how they got that figure? Are they still denying? If they are contact the insurance commissioner and contact the lot where it is being held to see what can be done to mitigate storage charges. You should contact the Munley law offices if you have further questions.

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