Archive for November 11th, 2010

Allstate applies its “good hands” to an 8-year old boy with a head injury.

In February 2010 8-year old Smith & Hassler client R.G. was involved in a serious automobile accident on I-45 in Houston. R.G. was sitting belted in the center of the back passenger seat with his 12-year old sister to one side and his 3-year old sister to the other.  R.G.’s mom was driving.  The family was stopped in traffic when an Allstate insured driving a full-size heavy duty pickup slammed into the back of their vehicle.  The family was pushed into the vehicle in front, and that vehicle was pushed into the vehicle in front of it, and that vehicle into the vehicle in front of it.  All told this was a 5 vehicle accident.  The family’s vehicle sustained very heavy damage and was totaled. The rear window glass of the family’s car entered the passenger compartment and split open the back of R.G.’s head, causing him to bleed profusely.  The family was transported by ambulance to the hospital, where emergency room doctors used 8 staples to close the cut in the back of R.G.’s head.  He now has a permanent scar as an ever lasting reminder of the car accident: hair will not regrow over scar tissue.

Smith & Hassler presented Allstate Insurance an opportunity to settle R.G.’s claim on fair terms and sent Allstate pictures of the family’s car, pictures of R.G.’s staples, the scar left after the staples were removed and R.G.’s medical records and bills.  R.G. had a little more than $3,300 in medical bills for treatment for injuries he sustained in the collision.  That’s just R.G.’s medical bills, that doesn’t take into account physical pain, physical impairment, disfigurement due to the scarring or the mental anguish R.G. experienced in the wreck.

Allstate’s response was to offer R.G. a settlement of $3,142.  If that were your 8-year old child, would YOU think that was a fair and reasonable settlement offer?

A lawsuit against Allstate’s insured promptly followed.  You might run a Google search and see what you turn up with regards to Allstate’s settlement practices and how Allstate handles personal injury claims made against their insureds.  Allstate’s absurdly unreasonable offer to this little boy resulted in an entirely avoidable lawsuit against their insured.  So much for “You’re in Good Hands.”