Allstate Car Accident Claim After a Dallas Wreck: What Injured Victims Need to Know

If you were injured in a Dallas car wreck and the driver who hit you has Allstate insurance, you may receive a call from an Allstate adjuster shortly after the collision, or you may be thinking about calling Allstate yourself to open a claim.

Before you have a detailed conversation with Allstate about how the wreck happened or how badly you were injured, consider talking to a Dallas car accident lawyer first.

The first insurance conversation can matter.

You may still be hurting. You may not know the full extent of your injuries. You may not have had an MRI, seen a specialist, or learned whether you will need injections, surgery, or additional treatment.

At the same time, the Allstate adjuster may begin asking questions about:

• How the collision occurred;

• What you saw before impact;

• Whether you could have avoided the wreck;

• Whether you were distracted;

• When your pain started;

• Whether you have previous injuries;

• Where you have received medical treatment;

• Whether you have missed work; and

• How you are feeling now.

These questions may sound routine, but your answers can become part of Allstate's evaluation of your personal injury claim.

If you were seriously injured, you do not have to guess your way through the insurance process.

The Wooley Law Firm represents people injured in car wrecks throughout Dallas and North Texas. A Dallas car accident lawyer can investigate the collision, preserve evidence, communicate with the insurance company, document your injuries and damages, and evaluate whether an Allstate settlement offer fairly accounts for what happened to you.

Should I Call Allstate After a Dallas Car Accident?

If the other driver has Allstate insurance, a third-party claim will generally need to be reported so the insurance company can investigate the collision.

But reporting a claim is different from giving Allstate a detailed recorded statement about the accident and your injuries.

If you were injured, consider speaking with an attorney before calling Allstate to discuss the substance of the wreck.

An attorney can help you determine:

• What information Allstate reasonably needs to open the claim;

• Whether you should provide a recorded statement;

• What evidence should be preserved immediately;

• Whether there may be additional insurance policies;

• How your medical treatment should be documented;

• Whether you have PIP, MedPay, UM/UIM, or other coverage under your own policy; and

• How communications with the liability adjuster should be handled.

If Allstate insures the person who hit you, the Allstate liability adjuster is handling a claim involving its insured driver.

The adjuster does not represent you.

If an insurance company is already calling you, read our guide on what to do when an insurance company calls after a Dallas car or truck wreck.

Why Talking to an Attorney Before Allstate Can Matter

The insurance company may begin investigating immediately.

You should be thinking about protecting evidence immediately too.

After a Dallas car accident, important evidence can include:

• Police reports;

• 911 calls;

• Body-camera footage;

• Dash-camera video;

• Nearby business surveillance;

• Traffic-camera footage when available;

• Photographs of both vehicles;

• Photographs of the crash scene;

• Witness information;

• Vehicle electronic data;

• Cell-phone records in appropriate cases; and

• Medical documentation.

Some evidence may disappear or become much harder to obtain as time passes.

A Dallas car wreck attorney can focus on building the evidence supporting your claim while the insurer conducts its own investigation.

That is especially important after serious crashes involving disputed liability, commercial vehicles, multiple vehicles, catastrophic injuries, or questions about insurance coverage.

What Does Allstate Investigate After a Dallas Wreck?

Opening an Allstate claim does not mean Allstate has accepted responsibility for the accident.

The company may investigate both liability and damages.

Who Caused the Crash?

Allstate may consider evidence such as:

• The police crash report;

• Statements from the drivers;

• Witness accounts;

• Vehicle damage;

• Photographs;

• Videos;

• Traffic citations;

• Physical evidence from the roadway; and

• Other information concerning how the wreck occurred.

An insurance company may conduct its own investigation even when a police officer identified another driver as contributing to the collision.

The adjuster may also investigate whether Allstate believes you contributed to the crash.

That can be important under Texas's proportionate-responsibility rules.

Were Your Injuries Caused by the Wreck?

Allstate may also investigate whether the injuries you are claiming resulted from the collision.

Questions can include:

• Did you complain of pain at the scene?

• Did you go to the emergency room?

• How soon did you begin medical treatment?

• Did you have any gaps in treatment?

• Did you have similar symptoms before the wreck?

• What did your MRIs show?

• Have doctors recommended additional treatment?

• Can you return to work?

• Has your condition improved?

This is why an injured person should be careful about casually saying things such as:

“I'm fine.”

“I'm doing okay.”

“It's just soreness.”

“I don't think it's anything serious.”

You may simply be trying to be polite.

But if your injuries later turn out to be more significant, an early statement may become something the insurer considers when evaluating your claim.

Our article about what to say when an insurance company calls after a Dallas wreck explains these issues in more detail.

Should I Give Allstate a Recorded Statement?

If Allstate insures the other driver, do not assume you are required to give a recorded statement simply because the liability adjuster asks for one.

Before agreeing, consider speaking with a Dallas car accident attorney.

A recorded statement may involve questions about:

• Your speed;

• Your lane of travel;

• Where you were looking;

• When you first saw the other vehicle;

• Whether you were using your phone;

• Whether you were wearing a seat belt;

• Whether you could have avoided the collision;

• Your symptoms immediately after the crash;

• Prior accidents;

• Prior injuries;

• Prior medical treatment; and

• Your current condition.

Even an honest person can make a mistake when trying to remember distances, speeds, timelines, or medical details during an unexpected telephone call.

If you do not know an answer, guessing does not help your claim.

Your obligations may be different when speaking with your own insurance company, because your policy may contain contractual notice and cooperation requirements.

That is one reason you should always determine whose policy and what type of coverage an adjuster is handling before providing detailed information.

What If I Also Have Allstate Insurance?

This can be particularly confusing.

Suppose you have Allstate insurance and an Allstate-insured driver rear-ends you on US-75 in Dallas.

You may end up with several different Allstate claims.

The Other Driver's Liability Claim

This claim is based on the allegation that the other driver caused the collision.

Your Collision Claim

If you purchased collision coverage, your own policy may provide benefits for damage to your vehicle subject to the policy terms and deductible.

Your Personal Injury Protection Claim

Texas automobile policies generally include Personal Injury Protection unless it was rejected in accordance with Texas law.

PIP can potentially provide benefits for qualifying medical expenses and lost income regardless of who caused the crash.

Your MedPay Claim

You may have Medical Payments coverage depending on the policy you purchased.

Your UM/UIM Claim

Uninsured or underinsured motorist coverage may become important if the responsible driver has no insurance or does not have enough liability insurance to compensate you for your damages.

The key point is:

Same insurance company does not mean same claim.

Different Allstate adjusters may be handling different policies and different coverages.

Before discussing your injuries or signing anything, ask:

“Whose policy are you handling, and what coverage is this claim under?”

Our article about what happens when you and the driver who hit you have the same insurance company in Texas explains this situation in greater detail.

What Damages Can Be Included in an Allstate Injury Claim?

A serious car accident claim is not limited to the first emergency-room bill.

Depending on the circumstances and evidence, damages in a Texas personal injury case may potentially include:

• Past medical expenses;

• Future medical expenses;

• Lost wages;

• Loss of earning capacity;

• Physical pain;

• Mental anguish;

• Physical impairment;

• Disfigurement; and

• Other legally recoverable damages.

Every claim is different.

The value of a case depends on the facts, the injuries, the available insurance, the medical evidence, liability, and many other factors.

There is no legitimate universal “average Allstate settlement” that tells you what your case should be worth.

Why Might Allstate Make a Low Settlement Offer?

Insurance companies do not necessarily value an injury claim the same way the injured person does.

An adjuster may argue that:

• The accident was relatively minor;

• Your vehicle had limited damage;

• You were partially responsible;

• You waited too long to begin treatment;

• You had gaps in medical care;

• Some of your symptoms existed before the wreck;

• Some medical treatment was unrelated;

• Certain medical expenses were excessive;

• You recovered quickly;

• Your lost wages are insufficiently documented; or

• Future treatment is uncertain.

These are claim-evaluation positions.

They do not automatically establish what actually happened or what your damages are worth.

A Dallas car accident attorney can evaluate the evidence behind those arguments rather than simply accepting the insurance company's valuation.

What If Allstate Says My Injuries Were Pre-Existing?

Pre-existing medical conditions frequently become an issue in personal injury claims.

Having a previous neck problem, back problem, knee injury, or other medical condition does not automatically mean that a later car wreck caused no injury.

A collision could potentially:

• Cause an entirely new injury;

• Aggravate an existing condition;

• Make a previously manageable condition symptomatic; or

• Increase the amount of medical treatment a person requires.

Medical records, diagnostic imaging, testimony from healthcare providers, and evidence showing how your condition changed after the wreck can become important.

Do not hide prior medical treatment.

But you also should not casually agree with an adjuster's characterization that every current symptom is simply “pre-existing.”

What If Allstate Denies Coverage?

Sometimes the problem is not the settlement amount.

The problem is that Allstate says there is no coverage.

Coverage issues can arise when an insurer contends:

• The policy expired;

• The driver was excluded;

• The driver did not have permission to use the vehicle;

• The vehicle was not covered;

• An exclusion applies;

• The vehicle was being used for a particular business purpose; or

• Some other policy issue prevents coverage.

A coverage denial should be carefully evaluated.

Ask for the basis of the decision in writing.

An injured person may also need to investigate whether another insurance policy or responsible party could provide coverage.

Our article Denied Coverage in Texas: Denied Doesn't Always Mean No Coverage discusses why an initial insurance coverage decision may deserve a closer look.

Should I Sign an Allstate Medical Authorization?

Read any medical authorization carefully before signing it.

An insurance company may need medical documentation relevant to the injuries being claimed.

That does not necessarily mean you should sign an unlimited authorization without understanding what it permits the company to obtain.

Before signing, consider:

• What providers are covered;

• What categories of records may be requested;

• How far back the authorization goes;

• Whether unrelated records can be obtained;

• How long the authorization remains effective; and

• Which claim the authorization concerns.

Medical records can be important evidence.

They should accurately document the injuries, symptoms, treatment, diagnostic testing, recommendations, and progress following the collision.

Our guide to medical treatment, medical bills, and liens after a Dallas car accident provides additional information about these issues after a wreck.

Should I Accept Allstate's First Settlement Offer?

Do not evaluate an offer based only on whether the amount sounds significant today.

Ask what you are giving up in exchange for the payment.

An early offer might arrive before:

• You finish medical treatment;

• You undergo an MRI;

• You see an orthopedic surgeon;

• You see a neurologist;

• You receive injections;

• A doctor recommends surgery;

• You understand your future medical needs;

• You calculate your lost income; or

• You know whether your injuries will affect you permanently.

Once you sign a final settlement release, you generally cannot simply demand additional money later because your injuries turned out to be more serious than expected.

Before accepting a bodily injury settlement, you should understand:

1. What claims are being settled;

2. Who you are releasing;

3. Whether all applicable insurance has been identified;

4. The amount of your medical expenses;

5. Whether additional treatment is expected;

6. Whether medical liens or reimbursement claims exist;

7. Your lost wages and other financial losses; and

8. The effect the injuries have had on your daily life.

If you are unsure, consider having a Dallas car accident lawyer review the offer and release before you sign.

What If Allstate Investigates Prior Vehicle Damage?

Insurance companies may investigate whether some property damage existed before the current collision.

In one Dallas-area claim involving Allstate, historical photographs associated with a vehicle's license plate became relevant to whether certain damage existed before the wreck.

An insurer may use historical photographs to argue that:

• A dent existed before the collision;

• Scratches were unrelated;

• A bumper had already been damaged;

• Some of the claimed property damage was old; or

• The visible damage from the current impact was limited.

That evidence can sometimes cut both ways.

Historical photographs may also help establish what your vehicle looked like before the wreck and distinguish old damage from new damage.

If an insurer claims your vehicle already had damage, ask what evidence supports that position.

Our article about how insurance companies can use license-plate photographs in Dallas car wreck claims explains this issue in more detail.

What If the Allstate Driver Does Not Have Enough Insurance?

Serious injuries can quickly exceed an at-fault driver's available liability coverage.

If the Allstate driver's policy is insufficient, the investigation should not necessarily stop there.

Depending on the circumstances, additional sources of recovery could potentially involve:

• Your own underinsured motorist coverage;

• Another policy covering the driver;

• The vehicle owner's insurance;

• An employer;

• A business whose employee was driving;

• A rideshare or delivery policy;

• Another negligent driver; or

• Another potentially responsible party.

This becomes particularly important when someone suffers surgery, fractures, permanent impairment, traumatic brain injury, spinal injury, or another significant injury.

A Dallas car accident lawyer can investigate all available insurance, not merely the first policy identified after the wreck.

What Should I Do After an Allstate-Insured Driver Hits Me in Dallas?

If you were hurt in a Dallas car wreck involving Allstate, consider these steps.

Get Medical Attention

Your health comes first.

If you are injured, obtain appropriate medical care and follow your healthcare providers' recommendations.

Do not allow an insurance adjuster to decide whether you need medical treatment.

Preserve Evidence

Save your original:

• Photographs;

• Videos;

• Dash-camera recordings;

• Police information;

• Witness contact information;

• Insurance correspondence;

• Repair estimates;

• Medical documents; and

• Employment records.

Do Not Guess About the Accident

If you do not know how fast a vehicle was traveling or exactly how many seconds passed before impact, do not make up an estimate just because an adjuster asks.

Do Not Minimize Your Injuries

Be accurate.

If you are still being evaluated, say so.

Be Careful With Recorded Statements

Consider getting legal advice before providing a recorded statement to the other driver's liability insurer.

Do Not Sign a Release Until You Understand It

A settlement release can permanently affect your rights.

Talk to a Dallas Car Accident Lawyer

If you suffered significant injuries, speaking with an attorney before having detailed conversations with Allstate can help you understand the claims process and protect important evidence.

You can learn more about how we help injured drivers on our Dallas car accident lawyer page.

When Should I Contact a Dallas Car Wreck Lawyer About an Allstate Claim?

You should particularly consider contacting an attorney when:

• You were taken to the hospital;

• You suffered a serious injury;

• You have significant medical bills;

• An MRI revealed an injury;

• You have been referred to a specialist;

• Injections or surgery have been recommended;

• You are missing work;

• Liability is disputed;

• Allstate wants a recorded statement;

• Allstate denies coverage;

• Allstate blames you for part of the crash;

• Allstate claims your injuries are pre-existing;

• You received a settlement offer;

• There may be multiple insurance policies; or

• You are being asked to sign a release.

You do not have to wait until Allstate denies the claim or makes an offer you believe is too low.

It can be easier to protect a claim when important evidence is preserved from the beginning.

How The Wooley Law Firm Can Help With an Allstate Car Accident Claim

If you hire The Wooley Law Firm after a serious Dallas car wreck, we can handle the insurance communications so you can focus on your medical treatment and recovery.

Depending on the circumstances, our work may include:

• Investigating how the collision occurred;

• Obtaining the crash report;

• Preserving photographs and video;

• Identifying witnesses;

• Obtaining available electronic evidence;

• Communicating with Allstate;

• Investigating insurance coverage;

• Gathering medical records and bills;

• Documenting lost income;

• Reviewing medical liens and reimbursement claims;

• Evaluating future treatment;

• Preparing a settlement demand;

• Negotiating the injury claim;

• Reviewing proposed releases; and

• Filing a lawsuit when necessary.

We represent injured drivers and passengers after serious wrecks throughout Dallas, including crashes on I-35E, I-30, I-20, I-635, US-75, I-45, the Dallas North Tollway, Loop 12, and local streets throughout Dallas County.

If an Allstate-insured driver caused your wreck, you do not have to let the insurance company be the only party investigating what happened.

We can conduct an independent investigation and build your claim around the evidence.

Frequently Asked Questions About Allstate Car Accident Claims in Dallas

Should I call Allstate myself after a wreck?

A claim may need to be reported, but if you were injured, consider speaking with a car accident attorney before having a detailed conversation with Allstate about how the wreck occurred or your injuries. Reporting basic claim information is different from giving a detailed or recorded statement.

Does the Allstate adjuster represent me?

If Allstate insures the driver who caused the wreck, the liability adjuster does not represent you. The adjuster is handling the claim involving Allstate and its insured.

Do I have to give Allstate a recorded statement?

Do not assume you must provide a recorded statement to the other driver's liability insurer merely because one is requested. Your obligations can be different when dealing with your own insurer under your own policy.

Can Allstate use what I say when evaluating my claim?

Statements you make during the claims process may become part of the information considered when liability and damages are evaluated. That is one reason accuracy matters and why you should not guess or minimize symptoms.

Can I negotiate an Allstate settlement offer?

Settlement offers can be negotiated. Whether a higher amount is supported depends on the evidence concerning liability, injuries, treatment, lost income, damages, available insurance, and other factors.

What if Allstate says its driver was not responsible?

A liability decision from an insurance company is not necessarily the final determination of legal responsibility. Other evidence may support a different conclusion, and a lawsuit may be available when appropriate.

What if Allstate wants me to sign a release?

Read the entire document and understand exactly which people, claims, and rights you are releasing. After a serious injury, consider having an attorney review a release before signing it.

Injured by an Allstate-Insured Driver? Talk to a Dallas Car Accident Lawyer

If you were injured because another driver caused a wreck in Dallas and Allstate is handling the insurance claim, consider talking with a lawyer before you call Allstate to give a detailed statement, sign medical authorizations, accept a settlement, or sign a release.

The insurance company can investigate the wreck immediately.

You should have someone protecting your interests too.

The Wooley Law Firm represents people seriously injured in Dallas car accidents and other motor vehicle collisions throughout North Texas.

We can investigate the wreck, deal with Allstate and other insurance companies, preserve evidence, identify available coverage, gather medical documentation, evaluate your damages, negotiate your claim, and file a lawsuit when necessary.

Learn more about how we handle these cases on our Dallas car accident lawyer page.

Call The Wooley Law Firm at (214) 699-6524 for a free consultation. You don't pay unless we win.

Tell us what happened. We can review your Dallas car accident claim and explain what options may be available.

Disclaimer

This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Insurance coverage depends on the applicable policy and the facts of the individual claim. Every case is different, and past results do not guarantee a similar outcome.