Alan Winston Smith - Dallas, Texas

MY ALLSTATE HORROR STORY

While driving in a school zone in October 2004, I was hit head on by an illegal alien who was driving a late model SUV. She quickly admitted all fault if I would not call the police. I was wearing a seat belt, which saved my life. When I saw that there was no way to avoid the certain crash, because the un-licensed wife of an illegal had run a stop sign, I turned my 1992 Nissan truck into the direction of the larger SUV. The crash was deflected, yet totaled my truck. I was thrown into the metal dash board which forced my knee to be the wedge that kept me from going through the windshield. I was bleeding from my rectum. When they pried open my drivers door, opened my seat belt, I fell to the pavement. Strangers came and held me. They were so kind.

One asked the Illegal for their insurance. They asked me if I wanted a priest? I said later, but not now. I was able to state my name and address which was a few blocks away. The stranger said that they would help me home or to the hospital. I wanted to go home at that time. Why, I can not say now, but it seemed logical. I should have called the cops and gone to the hospital. The absolute Stranger took me to my home, and waited with me, they said that I did not seem well, and that they would take me to hospital. I did not want to ruin their new seats with my blood. I thanked them, and offered some money. They told me that my money was no good, and that they would pray for me. Allsnake preys on people, strangers actually pray for an old man. I have thanked God, for my life and the actions of that stranger, who was a Good Samaritan in my time of need.

I am over 60 years old. I sat on my stoop for a long time. I could not stand without getting dizzy. I do not know how long I was outside of my home. Eventually, i made it to the bathroom. Took off my bloody clothes. I woke up on the floor. and I tried to take a bowel movement, but nothing happened. When my wife came home from work, she put me into her car and took me to hospital emergency room at Baylor. I am lucky because I am a firm believer in self insurance. When I went to the emergency room, and later to my personal physician I had to use my own insurance to pay for tests. I was sent to specialists for an endoscopy and colonoscopy to discover if the lesions to my rectal area were serious? One can not get immediate medical services. My accident was in late October, my examinations were in late November through March 2005. The tests proved that I had minor damages, but the tests were expensive.

I am a personal property appraiser as well as a Certified Insurance appraiser of fine jewelry. I have been on the Antiques Roadshow as a volunteer appraiser. I lost all of my Christmas sales, and as a result of the collision a lot of time with medical exams. Allsnake claims that my problems was a result of a pre-condition. I was not born with a compression fracture of my right leg, nor do I normally pass granular blood from my rectum. They refused to cooperate with my Insurer which is with State Farm. The only way that there was cooperation was a threat of litigation for Bad Faith Practices against Allsnake.

My wisdom and suggestion to others, INSURE YOURSELF FOR MEDICAL, GET THE MAX IN YOUR PIP. We are invaded by Illegals who can get auto insurance, but Allsnake had no requirement that the Illegal aliens needed to have a valid drivers license, or know any of our traffic rules. Of course they had the minimal $10,000 liability, and soon skipped so Allsnake had to settle with my insurer. Not all insurance is bad, my State Farm guys were princes. You could not ask for better service. They were thoughtful, paid the FMV for my old truck, paid medical, emergency room tests, and towed my truck to a repair shop. They also took care of most of my medical expenses, but when my PIP ran out and I still received medical bills, I had to get an attorney who is Texas Board Certified to sue Allsnake.

I have been told by my young attorney as well as those examining doctors that I could have been killed, because of the size differences of the two vehicles. What saved me was the accident was in a School zone and my quick thinking about turning my truck into the same direction as the SUV. I was saved by being in good shape for may age, I was bruised, hurt, and will always need a cane to walk, but I am alive, because I was wearing a seat belt. I was also saved by a Good Samaritan who was not of my faith, but a stranger who came to my aid. I believe that they were Arabic people, kind and good Americans. We are a nation of legal immigrants. We must work to protect each other.

Allsnake has offered a settlement of $1,500. My attorney suggests that I accept, because my insurance has paid for my braces, crutches, and most medical expenses. I still owe thousands for internal tests. I am grateful to be alive. I am angry at a system that allows illegals to victimize legal citizens and with Allsnake which appears to be able to protect illegal people, felons with auto insurance, without first checking to see if the customer is legal? Something is wrong with this picture. I can live with a cane, but will not allow Cain to kill Able without a challenge. We must protect our people from such assaults? I could have lost everything, my home, small repair shop, and my appraisal practice had I not had the foresight to self insure myself with State Farm in the PIP. I had only $5,000. I will increase that policy for much more.

There appears to be no protection for honest citizens who are in motor accidents with Illegals. They could be drug dealers, or maybe a member of a terrorist cell, or here totally illegally. Allsnake has a fiduciary responsibility not to insure people engaged in criminal activities, and if they do insure these felons, then they should bear the full impact of their decision to do business with people who are currently breaking the law. I have visited many websites, and wonder if Allsnake could be investigated under the RICO or organized crime Federal Statutes? Allsnake should not have a charter to do business in Texas if they can not and will not obey Texas or Federal Statues.

Lessons learned, you must protect yourself. keep in Shape, exercise, and always wear a seat belt. If helmets were required to drive a car that would not be a bad idea. If you can not avoid a direct head on collision, turn your vehicle into the direction of the other guy. If the force is deflected, you may walk away alive. Shaken, with a permanent limp, but you will be alive. I plan to use my retirement time, to pursue laws that will require accountability of companies like Allsnake. If illegals can not get auto insurance, if their vehicles could be impounded for lack of insurance, and if the Feds could protect our borders, maybe the working guys, families with kids, and the general public would be protected?

I am new at this, so I will make many mistakes. I have not settled with Allsnake, because I believe that their actions and loyalty to illegals maybe a Federal Crime. Thanks to this website for giving me, a first timer, this forum in which to tell the story of one old man who was at the wrong place at the wrong time. I was helped by a stranger who was a good Samaritan and took me home, my agent with State Farm, and a top notch attorney who has been frustrated by brick walls used by Allsnake. I told him, that there are other ways to skin a cat. Allsnake could loose their right to sell insurance in Texas. At least it is worth a try. If we do not try, how will we know if the laws can be changed? AWS

"There is no incentive for insurance companies to do what is right, such as live up to the promises made in their policies. Tort reformers fueled by insurance money think big business and the insurance industry need to be protected against "runaway juries." It's the other way around. Big business and the insurance industry have always been able to take care of themselves. The little people need protection from them. This country was founded on the common law right of the little guy to get into court with his hired gun to fight the oppressor, be it big government or big business. Take that away and we have nothing left. Look around. It's being whittled away, bit by bit, caps on damages here, restrictions on jury trials there. It won't end until we recognize the enemy and join together to take a stand against them. It will take the little people to do this together".

Louis G. Fazzi, Esq. Attorney & Counselor At Law