What's new
Fantasy Football - Footballguys Forums

Welcome to Our Forums. Once you've registered and logged in, you're primed to talk football, among other topics, with the sharpest and most experienced fantasy players on the internet.

State Farm refuses to pay liability claim (1 Viewer)

cosjobs

cosjobs

Footballguy
A driver came across the road from a side street onto the boulevard I was driving on. He had a stop sign and stopped. But then went on out into the intersection like I was not there and hit me. He acknowledged fault at the scene and a few weeks later when I contacted him and told him that State Farm told me I was 50% at fault and that's all they will pay. I called the driver who hit me and he recounted the accident exactly  as I wrote above. I called State Farm and they said to send pics of the intersection and they will correct it. 

I called again yesterday and after a lot of complaining I was sent to the Liability department. I called them and after waiting for 20 minutes, I was put on hold 10 minutes while she went over the case.  When she returned, she said the best she could do was  only make me pay 25%.  She said that was absolutely as high as she could go and if I did not like I would need to use my insurance agent to file a dispute for arbitration. First of all, I only have liability, so my Insurance is not involved in this. Secondly, and more importantly, I am under no obligation to go to there arbitration, and I think I would have a much better chance in small claims court.

We are talking less than $5000. I really doubt they want to spend the resources to come defend themselves in SC Court (small claims, not Supreme court),  I also think I would win. He did not yield right away and pulled in front of me on a boulevard where I was going 40 mph on a clear, sunny day, with light traffic. I think I would win easily. But I would be fine if they just agreed to pay liek every other liability claim I ever filed when someone hit me.

This has already caused me way more than 5k of stress, but now I want their blood. If I did go to small claims, is it possible to be awarded more than actual damages?

@-fish- if you aren't permabanned or haven't gotten rid of the COVIDs. If so @Leeroy Jenkins or someone else.

 
Last edited by a moderator:
Is State Farm your collision carrier or his liability carrier? 
 

edit - never mind, I see it now. 
 

in some states, you can sue the other drivers insurer directly. In others, you have to sue the other driver and he then tenders the claim to his insurer, or just pays it, depending on the amount of his deductible and other factors.  That’s how arbitration might come into it. Don’t believe a word the St. Farm person says. Finally, are you sure you’re not injured? YMBIANEKI

 
Last edited by a moderator:
A similar situation happened to my Dad. A state patrolman showed up at the scene, and at my Dad's insistence didn't issue a ticket to the other driver. State Farm said 50/50 fault, and it was easier to repair the car, then to fight the insurance company. We just dropped it. IMO insurance is a scam!

 
Freak Show said:
A similar situation happened to my Dad. A state patrolman showed up at the scene, and at my Dad's insistence didn't issue a ticket to the other driver. State Farm said 50/50 fault, and it was easier to repair the car, then to fight the insurance company. We just dropped it. IMO insurance is a scam!
Click to expand...
yes and yes. If it ever happens again I will call the cops and/or scour the area for witnesses (unless its my fault).

 
culdeus said:
Why didn't you file with your own insurance?  In Texas in a no-fault accident they have no manner to raise your rates or anything.   Make this their problem.  
Click to expand...
I have no recourse with my insurance company. I only have bare-bones liabilty on this car.

 
CletiusMaximus said:
Is State Farm your collision carrier or his liability carrier? 
 

edit - never mind, I see it now. 
 

in some states, you can sue the other drivers insurer directly. In others, you have to sue the other driver and he then tenders the claim to his insurer, or just pays it, depending on the amount of his deductible and other factors.  That’s how arbitration might come into it. Don’t believe a word the St. Farm person says. Finally, are you sure you’re not injured? YMBIANEKI
Click to expand...
Can I ask for more than actual damages? Can the judge assess punative damages?

 
cosjobs said:
Can I ask for more than actual damages? Can the judge assess punative damages?
Click to expand...
if you have to sue, you should ask for all your related expenses and probably throw in pain, suffering and mental anguish as part of your damages. Include all out of pocket costs like a replacement/ rental car, mileage, any missed time at work, etc.  But probably no punitive damages, even acknowledging the insurance company seems to be acting in bad faith. You are not their insured, so they really have no duty to you and it’s normal for them to low ball you at this point. 

 
DO NOT use their arbitration. Get a lawyer. Send them a demand letter. File suit.

ETA: Insurance companies are highly regulated. That means to sue them, you likely have to follow the right process. But it also often means they violate the State's insurance code all the time and get be liable for extra damages.

 
Last edited by a moderator:
cosjobs said:
I got broad-sided while on my motorcycle when I was 18 and again every five or ten years I guess. So 6-10? No idea. I used to drive at least 20k/yr.
Click to expand...
Wow, that seems like a lot.  You mentioned him hitting you but you also said he pulled out in front of you.  Where was the impact on each car?

 
whoknew said:
DO NOT use their arbitration. Get a lawyer. Send them a demand letter. File suit.

ETA: Insurance companies are highly regulated. That means to sue them, you likely have to follow the right process. But it also often means they violate the State's insurance code all the time and get be liable for extra damages.
Click to expand...
What lawyer is going to take the case for a percentage of $5000?

eta good lawyer

 
Last edited by a moderator:
cosjobs said:
We hit each other. But he failed to yield right of way, so potato potato
Click to expand...
I’m no lawyer but watched a lot of judge Judy. Even if he pulled out in front of you if you ran into him you are partially at fault. If he broadsided you you have a better chance of winning…

 
Hope it works out, gb Cos.

This kind of stuff grinds my gears. Health insurance not wanting to cover things like...your health. Car insurance not covering things like...your car. 

 
CletiusMaximus said:
if you have to sue, you should ask for all your related expenses and probably throw in pain, suffering and mental anguish as part of your damages. Include all out of pocket costs like a replacement/ rental car, mileage, any missed time at work, etc.  But probably no punitive damages, even acknowledging the insurance company seems to be acting in bad faith. You are not their insured, so they really have no duty to you and it’s normal for them to low ball you at this point. 
Click to expand...
that's why you get an assignment of rights from the insured.

 
Good luck man.

I’m really surprised that an insurance company isn’t trying to help you out. They tell us to trust them on their commercials. 

 
urbanhack said:
Good luck man.

I’m really surprised that an insurance company isn’t trying to help you out. They tell us to trust them on their commercials. 
Click to expand...


Not saying state farm is "right" in this case, but they have absolutely no obligation to Cos.  They're not his carrier. They're working on behalf of the other driver....their client.

Not sure if this is SOP  for them (trying to short change a 3rd party who doesn't have comp/collision and thus....doesn't have their own insurer to fight back). Seems like an odd strategy for a relatively small claim. As someone who works for a very large insurer, (not on the claims side, but I work with claims a lot) we almost always value the man hours spent fighting something like this over the $1,250 theyre "saving" here. Weird situation. 

As annoying as it is to have to spend time "fighting" this, I agree with rover. Call again, take it up the chain as far as you can go and make a stink. Once it gets high enough up to the person who can approve overriding the initial decision,  they'll almost certainly just want to make you go away.  If the alternative is court, they'll obviously come out way behind on lawyers fees, so they'll cave now.

And yeah.....always get a police report.  Don't just rely on someone saying "my fault" with no official record.

 
TLEF316 said:
Not saying state farm is "right" in this case, but they have absolutely no obligation to Cos.  They're not his carrier. They're working on behalf of the other driver....their client.

Not sure if this is SOP  for them (trying to short change a 3rd party who doesn't have comp/collision and thus....doesn't have their own insurer to fight back). Seems like an odd strategy for a relatively small claim. As someone who works for a very large insurer, (not on the claims side, but I work with claims a lot) we almost always value the man hours spent fighting something like this over the $1,250 theyre "saving" here. Weird situation. 

As annoying as it is to have to spend time "fighting" this, I agree with rover. Call again, take it up the chain as far as you can go and make a stink. Once it gets high enough up to the person who can approve overriding the initial decision,  they'll almost certainly just want to make you go away.  If the alternative is court, they'll obviously come out way behind on lawyers fees, so they'll cave now.

And yeah.....always get a police report.  Don't just rely on someone saying "my fault" with no official record.
Click to expand...
State Farm is the worse at paying if there's a sliver of a chance of them getting out of a claim. They are the best at paying if from the get go it's obvious they can't get out of a claim. State Farm loves to pick on the other driver when they don't have full coverage. 

 
cosjobs said:
Not bad. He was in a big ford truck. I was in a Lexus hybrid
Click to expand...
Allstate sent me a check for $500, half of their estimate of $1000 in damage. My body shop said at least 3500 and probably a lot more once they started taking off  parts and digging in. And frannkly, 3500 damage on a Lexus is a pittance. My neck's been killing me lately, but doubt I can prove its linked to an accident three months ago.

 
cosjobs said:
I was hoping for more claity.

I wish I had been hurt (minor) and called the cops. 
Click to expand...
Should have called the cops no matter what.  More than likely they would have issued him a ticket and then it would have been all on his company. Technically not it is a no fault and the insurance is going to try to get out with as little liability as possible.

 
snellman said:
Should have called the cops no matter what.  More than likely they would have issued him a ticket and then it would have been all on his company. Technically not it is a no fault and the insurance is going to try to get out with as little liability as possible.
Click to expand...
I was in an accident about 2 years ago.  It was my fault, but I was kinda pissed that the lady called the police since the damage was minor (dinged up front fender on her car).  I didn't get a ticket.  She ended up filing for doctors fees like 3 months later.  Not sure why but it seemed frivolous to me.  Anyway, my insurance handled it all really well.  I think we have All-State. 

 
Btw dash cams really help and there are several under $100 installed now.  Best buy was running some promos recently too that made sense.  

 
the rover said:
"I want to speak to your supervisor."

when you get that person:

"I want to speak to your supervisor."

then:

"if you don't pay this claim i'm filing a complaint here:

https://www.tdi.texas.gov/consumer/get-help-with-an-insurance-complaint.html

then i'm gonna sue your insured, settle for a covenant judgment, take an assignment of bad faith against you and sue you for insurance bad faith."
Click to expand...
The site you linked states:

We can’t help with complaints against another person’s insurance company. For instance, we probably won’t be able to help you if you’re in an accident and the other driver’s insurance company won’t accept liability.

:sadbanana:  

:kicksrock:

 
cosjobs said:
A driver came across the road from a side street onto the boulevard I was driving on. He had a stop sign and stopped. But then went on out into the intersection like I was not there and hit me. He acknowledged fault at the scene and a few weeks later when I contacted him and told him that State Farm told me I was 50% at fault and that's all they will pay. I called the driver who hit me and he recounted the accident exactly  as I wrote above. I called State Farm and they said to send pics of the intersection and they will correct it. 

I called again yesterday and after a lot of complaining I was sent to the Liability department. I called them and after waiting for 20 minutes, I was put on hold 10 minutes while she went over the case.  When she returned, she said the best she could do was  only make me pay 25%.  She said that was absolutely as high as she could go and if I did not like I would need to use my insurance agent to file a dispute for arbitration. First of all, I only have liability, so my Insurance is not involved in this. Secondly, and more importantly, I am under no obligation to go to there arbitration, and I think I would have a much better chance in small claims court.

We are talking less than $5000. I really doubt they want to spend the resources to come defend themselves in SC Court (small claims, not Supreme court),  I also think I would win. He did not yield right away and pulled in front of me on a boulevard where I was going 40 mph on a clear, sunny day, with light traffic. I think I would win easily. But I would be fine if they just agreed to pay liek every other liability claim I ever filed when someone hit me.

This has already caused me way more than 5k of stress, but now I want their blood. If I did go to small claims, is it possible to be awarded more than actual damages?

@-fish- if you aren't permabanned or haven't gotten rid of the COVIDs. If so @Leeroy Jenkins or someone else.
Click to expand...
It sounds like you know more than I do about car insurance claims!

 
Freak Show said:
A similar situation happened to my Dad. A state patrolman showed up at the scene, and at my Dad's insistence didn't issue a ticket to the other driver. State Farm said 50/50 fault, and it was easier to repair the car, then to fight the insurance company. We just dropped it. IMO insurance is a scam!
Click to expand...
Reminds me of Mike Birbiglia's bit about getting royally screwed from an accident (spoiler alert: he ended up having to pay $12,000 to the drunk driver that hit him).

 
State Farm sucks ... that's all I have.

By far the worst insurance company to deal with on collision work.. followed closely by Geico.. 

They must be spending all their money on commercials and not clients...

 
You must log in or register to reply here.

Similar threads

Dezbelief
Car Totaled, No Money for Market Adjustment Added to Sales Price at Purchase
Replies
6
Views
269
gianmarco
gianmarco
B
Daughters Apartment - Water in her bedroom from rain - what to do
2
Replies
55
Views
1K
b-snatchers
B
culdeus
Wife's car hit, guy drove off, caught on security cameras. Works there. Follow along, advice, schtick.
2 3
Replies
149
Views
4K
JAA
JAA

Users who are viewing this thread

Total: 2 (members: 0, guests: 2)
Top