Allstate insurance?

i have all-state car insurance and i was in a wreck about 3 weeks ago and with my claim they said they will repair all body damage caused by the wreck and what ever Mechanical damages there are well in the wreck my brakes failed so at about 5 or less mph i threw the car in park an i still skidded and it the car in front of me when i talked on the phone they said the transmission would be covered today i got the car from the body shop and they went behind my back and all-states back and sent the car to an Half ass motor shop they said the trans was just burnt up not damaged so now all state wont even cover the transmission and the car drove fine up till the wreck now it wont even go 2 mph any help ?? i Own a 2002 Chevy Impala 3400v6 ( Rebuilt ) 125,667k

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1) Just because the car drove fine before the wreck does not mean the transmission was damaged in the accident. Here's the neat thing about transmissions. Its pretty easy to tear them down (take them apart) and determine if the damage is wear and tear or accident related. For example: transmissions have teeth. If the teeth are broken off - that's accident related damage. If the teeth are worn down - thats wear and tear. Apparently the transmission was torn down and the damage is wear and tear. It would help a lot if we knew what type of car you have and how many miles are on it. Now - even if the transmission was accident related damage - Allstate does not owe you the full cost of a transmission. They would owe you the depreciated value. For example - if it costs 2500 to replace the transmission - and your car has 180,000 miles on it - Allstate may only pay 500-700 toward the cost. The reason is - transmissions wear out. Since you were able to get 180,000 miles out of the old transmission - Allstate only owes you the wear you did not get out of the transmission- not a brand new shiny transmission. If Allstate paid the full cost of a transmission - that would put you in a better position after the loss then you were in before the loss. The purpose of insurance is to try and put you back where you were before the loss - not better - not worse.

2) 1) The brake system on modern automobiles is the most fail-safe system available. If the brakes actually failed then you would have had warning signs, spongey pedal feel, leaking fluid, etc for WEEKS. 2) What do you mean they went 'behind your back' to have the transmission checked? What would you suggest they do? Not check it at all? Internal damage to transmissions and engines are so rare that the percentage on a whole is almost zero. I have been inspecting collision losses for over 25 years and the only time major damage occurs on a transmission (besides something actually physically being broken off or cracked) is due to a crash so severe that the car is totally demolished. The burden of proof that the transmission is damaged as a result of this loss is totally on you at this point. A sleezy, shade-tree mechanic or the guy that rotates your tires will not be good enough to get you another transmission from Allstate. You will have to obtain expert testimony from a reputible transmission expert who can actually show an appraiser exactly how the collision caused the damage. Lots of luck....

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