How can I get Allstate to pay my uninsured motorist claim?

Colorado courts have held that the limits set by the state statute for uninsured motorist/underinsured motorist coverage cannot be multiplied by the number of underinsured or uninsured motorists who are responsible for an accident.  An auto insurance company may aggregate an insured's recovery from drivers who caused an accident and their insurers and offset the amount against the insured's uninsured and underinsured motorist coverage.  This is expressly permitted by the uninsured motorist statute, sec. 10-4-609, C.R.S. 2006, which reads as follows: " (5) The maximum liability of the insurer under the uninsured motorist coverage provided shall be the lesser of:

1. The difference between the limit of uninsured motorist coverage and the amount paid to the insured by or for any person or organization who may be held legally liable for the bodily injury; or
2. The amount of damages sustained, but not recovered."

Source: American Family Mut. Ins. Co. v. Murakami, 169 P.3d 192 (Colo. App., 2007);

Farmers Insurance Exchange v. Star, 952 P.2d 809 (Colo. App. 1997)

Talk to an Accident Attorney to find out how to make sure your rights are protected and find out how to get compensation from the insurance company.