A Letter to Allstate

Hello XXXXX,

As you move towards the review of my claim before making your settlement offer, I'd like to tell you a few details in the hope that you will be taking this into consideration.

While we determined earlier this month that I was returned to pre injury status, I have to say, that while I am ready to settle, that is in no way true. My pre-injury status was that of a strong, fast cyclist. A cyclist for whom a 60 mile ride was an easy afternoon spin. A cyclist whose 2005 event completion included two double centuries (200 miles in a day) and ten centuries (100 miles in a day). In addition, I went on a four day, five hundred mile cycling vacation in 2005. I had planned to race in the 2006 cycling season.

All of that changed on April 5, 2006 when XXXXX XXXXXX struck my car during rush hour traffic on the 580 freeway. When Mr. XXXXX slammed into me from the side, it impacted both my neck and low back. My head snapped to the side. My pelvis was also thrown to one side. I experienced shooting pains up my spine and went to the Emergency Room at Kaiser after the accident.

While Allstate might claim I suffered "only soft tissue injuries", it was to the extent that I spent several months in pain, requiring medications such as muscle relaxants to cope with the spasms and prescription strength ibuprofin and vicodin to manage the pain. As late as November, I was still requiring muscle relaxants. I am not someone who like to ingest medications of any kind.

I lost my entire 2006 cycling year from that point on. What was my biggest passion and brought me so much joy now brought me to tears, from both pain and frustration. I could no longer ride with my friends, so my social life suffered. I could no longer get the exercise I was used to, so my overall health and mental health suffered. Ask any athlete who cannot exercise at their level and they will tell you it takes quite a toll on you mentally. I couldn't race. I could barely ride. The seven day 600 mile cycling vacation I had hope to go on with my friends, instead I spent trying to recover from these injuries. I missed the 2006 Death Ride, for which I'd already paid $89 and made the lottery cut to get in.

A few weeks after the accident, I had to buy a new bed. I had been borrowing a bed from a friend, and suddenly even sleeping caused me pain. For months, sleeping in a bed that wasn't mine caused me pain and stiffness. This wasn't how I've ever lived. I continued to have disruptions in my sleep due to pain well into early December.

I've begun riding again, starting small and trying to rebuild my cycling endurance level. Yesterday I was in tears on a ride. I was riding alone, because all my elite athlete friends have pronounced me too slow to ride with. I was going up a hill and I was feeling sore in my low back, specifically the quadratus lumborum. Before the accident, I was a very strong hill climber, nicknamed the "Ponytail Express". Here I was going up a hill at 3.5 mph. This was a hill I had easily taken at 12 mph before the accident. While I was grateful to be alive and on my bike, this was not my pre-injury status.

It occurred to me then that the 2007 cycling season will essentially be lost, too. It will not be about riding with my friends, it will be about rehabbing alone and gradually working to build my strength to get back to where I was before Mr. XXXXXX was reckless enough to hit me while uninsured.

I was invited to be a cycling mentor for the 2007 Team in Training group for this year's Death Ride. As much as I would have loved to support a team raising funds for leukemia (as I did in 2005), I knew I was not strong enough to be a cycling mentor. It was with great sadness that I declined. There's no way I'll be able to ride the Death Ride in 2007.

In addition to the loss of my greatest joy in life, there have been other repercussions from the accident. I experience stress and anxiety now when driving on the freeway. I am particularly stressed and anxious when I am a passenger in a car. My boyfriend has had to endure my panicky outbursts when he's safely driving for months now. This still continues.

While I am not claiming a loss due to work pay, I did suffer a loss. All these medical appointments caused me to miss work. As an freelance photo producer, I work on-site in ad agencies on an hourly pay basis. I am not contracted for a specific amount of money, but rather to produce a job. I did lose hours of work. But I know this is hard to track given the uniqueness of my employment, which is why I am not seeking lost wages. I was very fortunate enough to be working at a company who my boss was a work friend and she understood what I was going through and was gracious about my missing hours in the office.

I have spent over $7000 in medical treatments and expenses. I was reimbursed for the first two thousand. I am sure you can understand the loss of five thousand dollars from one's bank account being a hardship. Even though I am considered returned to pre-injury status, I am truly not there yet, if you take into account that I was an elite athlete. This year will involve added expenses of working with a coach and a trainer to try to regain my athletic abilities to where they were before the accident. While I understand Allstate won't be paying for this, I would like it if this were considered just for a moment in the claim. It's not going to be an easy year to truly return to pre-injury status.

Can you imagine how you would feel if the activity outside of work that brought you the most joy was suddenly taken away from you and only caused pain? I understand it is your job to bring a claim to closure quickly and for the lowest amount possible. So while you do your job, please consider the human element of what the past eight months have held for me.
I may be able to live life like a normal sedentary person, but I am not anywhere near the level of my pre-injury fitness, mobility, and capacity as an athlete.

For years I have had Allstate Insurance, all the while believing the marketing slogan, "Allstate. You're in good hands." Am I in good hands? I would like to believe that Allstate will settle in good faith and offer a fair and reasonable settlement.

I look forward to hearing from you next week.

Jen