Complaint Review: State Farm Insurance

I read your story and conld not believe how close it mirrors an accident that my young cosine just had last Saturday. They where driving down the road, on four lane 35mph road and another driver came out of a parking lot and struck their vehicle. Needless to say the driver of the other vehicle was cited and even admitted this to police officer that he was at fault. Well state farm refuse to help very little his insurance was State Farm, the accident clearly says he was at fault with another witness of what happen. All these kids wanted was a replacement car, medical bills paid as they are a young family, driver female 22 yo, passenger 23 male, two kids 2 & 4 years old. They have asked me what to do.

This young man needs to get back to work; the wife and kids are in pain as he is. And state farm says we need more time to determine fault. And even becoming nasty with me when I ask how long will all this take and when could they expect a rental so they could get back and forth to work and doctors visit's. I do agree do not make a false claim, but do sit down and write how you feel you may be so caught up in the problem that you do have injuries that will appear later. Most claims officers need that release signed as soon as possible. Because if something in your health, changes in next few years, they can be held liable, in our state it is 5 years Missouri. I do understand you want it behind you, and they do also, worse then you do.

They want to wear you down, and then pay you pennies on the dollar for your time. Do not contact them, get a car, stay in school, and wait like them, and do go to doctors office to ensure you and your passenger is ok. Keep a log, pain log it is called. And I mean if you are getting headaches from stress related, or have whip lash.

They is Insurance companies that want to take care of accidents, my wife had an accident 2 months ago on Sunday in church parking lot. American National, the other drivers insurance was on phone with us by Monday afternoon of that week, with rental car, car was in shop by Wednesday, and back to us the following week. Not all companies act like State Farm's. Trust me of this, they need case closed and time is on your side, they only want to make you think time is on their side and try to aggravate you. Do not speak with until every thing or you are ready to close case. I realize for most people this is hard to do as most of us need to get on with our lives. Do not try and defraud them as this may hurt your case. Hope it works out for best, they are getting a lawyer this afternoon at 3 pm.

Cindy,
Your story got to me. I was admiring you for changing direction later in life and going back to school....nursing, what a great path to go down!

Anyway, I became worried about your financial situation when you started mentioning the extra money you were having to put out after this witch denied her responsiblity! Even more galling was the Insurance Adjuster taking her side! With proof of her guilt!

If you are going to contact an attorney, make sure you call your State's Bar first and request information about Pro-Bono....all attorneys perform pro bono duties, and there is always one that you can be referred to. Look in your phone book and try that before you go in search of one.....perhaps you can get it done without a fee, and if you succeed, you can make a little donation somehow to express your apprecaition for their help.

I used a pro bono attorney a few years ago, and he was simply the greatest guy ever! I liked him so much that I now use him exclusively...

Hugs, and keep up your good work getting that nurses license!

Cindy,
Your story got to me. I was admiring you for changing direction later in life and going back to school....nursing, what a great path to go down!

Anyway, I became worried about your financial situation when you started mentioning the extra money you were having to put out after this witch denied her responsiblity! Even more galling was the Insurance Adjuster taking her side! With proof of her guilt!

If you are going to contact an attorney, make sure you call your State's Bar first and request information about Pro-Bono....all attorneys perform pro bono duties, and there is always one that you can be referred to. Look in your phone book and try that before you go in search of one.....perhaps you can get it done without a fee, and if you succeed, you can make a little donation somehow to express your apprecaition for their help.

I used a pro bono attorney a few years ago, and he was simply the greatest guy ever! I liked him so much that I now use him exclusively...

Hugs, and keep up your good work getting that nurses license!

Cindy,
Your story got to me. I was admiring you for changing direction later in life and going back to school....nursing, what a great path to go down!

Anyway, I became worried about your financial situation when you started mentioning the extra money you were having to put out after this witch denied her responsiblity! Even more galling was the Insurance Adjuster taking her side! With proof of her guilt!

If you are going to contact an attorney, make sure you call your State's Bar first and request information about Pro-Bono....all attorneys perform pro bono duties, and there is always one that you can be referred to. Look in your phone book and try that before you go in search of one.....perhaps you can get it done without a fee, and if you succeed, you can make a little donation somehow to express your apprecaition for their help.

I used a pro bono attorney a few years ago, and he was simply the greatest guy ever! I liked him so much that I now use him exclusively...

Hugs, and keep up your good work getting that nurses license!

Cindy,

Can the adjuster representing you get copies of the pictures? St. Farm has a paperless claim system and your adjuster might be able to access the claim file in their system. However, they may also have some kind of security level that may keep your adjuster from accessing the photos of the other persons vehicle.

Yes the physical damages do mean something. Each month I and 100's of other "claims professionals " around the county arbitrate disputed files between insurance companies. Many times, not all the time, good color photos will tell who is not telling the truth about their version of the facts of the accident. The angle and the area of the impact to the other vehicle could be a huge factor here. While it is impossible to say without seeing them, I suspect that they may go along waty to proving your case. Again, if you can get photos of both cars post them on this site so we can review them.

I seriously doubt the other adjuster has anything to gain by handling the file like they are. There won't be anything nefarious behind there actions. My guess is that it has more to do with the adjuster being new to the job, not trained well or possibly they are just clueless.

Trust me adjusters have zero pull. It is a horrible job to have, as you have angry people who have had accidents and your boss hollering at you all day long. I doubt it is the adjusters opinion that matters so much here. I suspect it is the other drivers opinion that is causing trouble. Many adjuster will say "I have to believe what my policyholder tells me." This is a crock of crap. It is just an easy excuse for a lazy adjuster so they don't have to spend time actually investigating the claim.

Regarding some of Steve's advise, while his advice on how to deal with collection agencies is some of the best advice on this site, I really hope you don't follow what he is recommending.

1. Just because the other party was ticketed and you were not, does not automatically make them 100% at fault. Most states use a form of comparative negligence, meaning both parties MAY be held partially at-fault for an accident. Most accidents are settled with a percentage of fault being put on both drivers. If a person is found to be 15% at-fault for an accident then they can only recover 85% from the other drivers company. If I remember correctly NE is a modified comparative negligence state, which means you can collect as long as you are 49% or less at-fault. Of course your settlement will be reduced by any percentage of fault you may have.

2. I will assume that your car is sitting at home and not the body shop. You have a duty to mitigate your damages so if the car is at a shop that is charging storage get it moved home because St. Farm won't legally owe for extended storage fees.

3. If you are not hurt please don't go to a Dr. to build up a phony injury claim so you can make up the $ that way. The attorneys and folks who manufacture injuries cost all of us a fortune in premium dollars. I realize it is easy to hate insurance companies because rates seldom go down.
Fraud is not the answer.

4. The state insurance commissioners office will be of no assistance to you in this matter. They do not get involved in settling negligence disputes or disputes regarding the value of a total loss car.

If you have any other ?'s that I might be able to answer please post them and I will help out if I can.

Again, good luck.

The adjuster will wave their hands at the damage done to the other car.

I was driving home in upstate NY in a severe snowstorm in January (OK, January, upstate NY and severe snowstorm are redundant) and a fellow zoomed up a perpendicular street intersecting mine further ahead in his new SUV, blew a stop sign, and came around the turn and down toward me as I was driving uphill. The problem was that he was now coming toward me completely sideways. He never learned the ins and outs of part-time 4WD.

I pulled to the extreme right and his vehicle hit the front of mine- a Ford F150 4X4 (thank goodness it wasn't the Camry). The Ford suffered a bent fender and bumper, misalignment, a cut tire, and a broken turn signal. The horn got squashed, too.

A long story short, he managed to obscure the accident scene by moving his vehicle, and the police were slow to come. His insurance called me the the next day and said that the other driver felt that I was on his side of the road. This phrase was repeated over and over as I pointed out that the SIDE of the other vehicle BEHIND the driver's door was crushed in over a foot. Well, I also had gotten the name, address, and phone numger of the woman who was driving behind me that night, so.... Case closed in my favor.

The adjuster will wave their hands at the damage done to the other car.

I was driving home in upstate NY in a severe snowstorm in January (OK, January, upstate NY and severe snowstorm are redundant) and a fellow zoomed up a perpendicular street intersecting mine further ahead in his new SUV, blew a stop sign, and came around the turn and down toward me as I was driving uphill. The problem was that he was now coming toward me completely sideways. He never learned the ins and outs of part-time 4WD.

I pulled to the extreme right and his vehicle hit the front of mine- a Ford F150 4X4 (thank goodness it wasn't the Camry). The Ford suffered a bent fender and bumper, misalignment, a cut tire, and a broken turn signal. The horn got squashed, too.

A long story short, he managed to obscure the accident scene by moving his vehicle, and the police were slow to come. His insurance called me the the next day and said that the other driver felt that I was on his side of the road. This phrase was repeated over and over as I pointed out that the SIDE of the other vehicle BEHIND the driver's door was crushed in over a foot. Well, I also had gotten the name, address, and phone numger of the woman who was driving behind me that night, so.... Case closed in my favor.

The adjuster will wave their hands at the damage done to the other car.

I was driving home in upstate NY in a severe snowstorm in January (OK, January, upstate NY and severe snowstorm are redundant) and a fellow zoomed up a perpendicular street intersecting mine further ahead in his new SUV, blew a stop sign, and came around the turn and down toward me as I was driving uphill. The problem was that he was now coming toward me completely sideways. He never learned the ins and outs of part-time 4WD.

I pulled to the extreme right and his vehicle hit the front of mine- a Ford F150 4X4 (thank goodness it wasn't the Camry). The Ford suffered a bent fender and bumper, misalignment, a cut tire, and a broken turn signal. The horn got squashed, too.

A long story short, he managed to obscure the accident scene by moving his vehicle, and the police were slow to come. His insurance called me the the next day and said that the other driver felt that I was on his side of the road. This phrase was repeated over and over as I pointed out that the SIDE of the other vehicle BEHIND the driver's door was crushed in over a foot. Well, I also had gotten the name, address, and phone numger of the woman who was driving behind me that night, so.... Case closed in my favor.

THANK YOU everyone for your support and advice!!!!!
First off I immediately called my agent, he has been no help. I have been with the same agent at State Farm since I was 16, my parents helped him get his office going when he first opened in the late 60's or 70's, my family has been loyal customers since then. He is a small town agent in Hastings, NE.

When both of my Dad's (father & step-dad) called him after they denied my claim, all he would say is, "Yeah, it's a bad situation". Needless to say I don't believe they will be customers for very much longer! I also have two brothers & several aunts and uncle's with State farm who are closely watching for the outcome of this.

I am planning on calling my agent one more time today, after I speak with my lawyer, and giving him one more shot to do something for me, I don't think he will but I will give him the opportunity.

To Greg in Wisconsin, a question? The other driver does swear that they were not at fault but the physical evidence of the damage in this case can speak for it's self. I DID NOT rear end her, I hit her in the side of the minivan. It would have been impossible to hit her where I did if her story were true that she was in the lane ahead of me and I just hit her. Doesn't the actual damage mean anything? (I have been trying to get the pictures of the other vehicle, but all they have sent me are the pictures of my car, I already have those.) Next, what does the adjuster who is denying the claim have to gain, on a personal level, with State Farm? My adjuster is appalled at the situation and can't believe that they denied it in the first place, & believes I should get 100%, of course she is representing me. But why is it that the other adjusters opinion seems to matter so much more? Do some have more pull than others? I would really appreciate your input.

Nebraska is NOT a no fault state, there is even a statute covering this very situation, I have been told that State Farm is not following this NE law in this situation. I have not had the chance to find this information & review it on my own, so I reserve judgement on this at this time.

I just get the feeling that the other persons adjuster thinks that I will not or can not afford a lawyer, so he will win this one. He is mistaken. I am a poor college student right now, living off student loans that I will have to pay off later. However I am engaged to a third generation farmer in rural NE. His family has used the same lawyer for years, He is willing to help me out. I am fortunate in this respect.
Again, Thank You All!!! Looking forward to more responses.
Cindy

THANK YOU everyone for your support and advice!!!!!
First off I immediately called my agent, he has been no help. I have been with the same agent at State Farm since I was 16, my parents helped him get his office going when he first opened in the late 60's or 70's, my family has been loyal customers since then. He is a small town agent in Hastings, NE.

When both of my Dad's (father & step-dad) called him after they denied my claim, all he would say is, "Yeah, it's a bad situation". Needless to say I don't believe they will be customers for very much longer! I also have two brothers & several aunts and uncle's with State farm who are closely watching for the outcome of this.

I am planning on calling my agent one more time today, after I speak with my lawyer, and giving him one more shot to do something for me, I don't think he will but I will give him the opportunity.

To Greg in Wisconsin, a question? The other driver does swear that they were not at fault but the physical evidence of the damage in this case can speak for it's self. I DID NOT rear end her, I hit her in the side of the minivan. It would have been impossible to hit her where I did if her story were true that she was in the lane ahead of me and I just hit her. Doesn't the actual damage mean anything? (I have been trying to get the pictures of the other vehicle, but all they have sent me are the pictures of my car, I already have those.) Next, what does the adjuster who is denying the claim have to gain, on a personal level, with State Farm? My adjuster is appalled at the situation and can't believe that they denied it in the first place, & believes I should get 100%, of course she is representing me. But why is it that the other adjusters opinion seems to matter so much more? Do some have more pull than others? I would really appreciate your input.

Nebraska is NOT a no fault state, there is even a statute covering this very situation, I have been told that State Farm is not following this NE law in this situation. I have not had the chance to find this information & review it on my own, so I reserve judgement on this at this time.

I just get the feeling that the other persons adjuster thinks that I will not or can not afford a lawyer, so he will win this one. He is mistaken. I am a poor college student right now, living off student loans that I will have to pay off later. However I am engaged to a third generation farmer in rural NE. His family has used the same lawyer for years, He is willing to help me out. I am fortunate in this respect.
Again, Thank You All!!! Looking forward to more responses.
Cindy

THANK YOU everyone for your support and advice!!!!!
First off I immediately called my agent, he has been no help. I have been with the same agent at State Farm since I was 16, my parents helped him get his office going when he first opened in the late 60's or 70's, my family has been loyal customers since then. He is a small town agent in Hastings, NE.

When both of my Dad's (father & step-dad) called him after they denied my claim, all he would say is, "Yeah, it's a bad situation". Needless to say I don't believe they will be customers for very much longer! I also have two brothers & several aunts and uncle's with State farm who are closely watching for the outcome of this.

I am planning on calling my agent one more time today, after I speak with my lawyer, and giving him one more shot to do something for me, I don't think he will but I will give him the opportunity.

To Greg in Wisconsin, a question? The other driver does swear that they were not at fault but the physical evidence of the damage in this case can speak for it's self. I DID NOT rear end her, I hit her in the side of the minivan. It would have been impossible to hit her where I did if her story were true that she was in the lane ahead of me and I just hit her. Doesn't the actual damage mean anything? (I have been trying to get the pictures of the other vehicle, but all they have sent me are the pictures of my car, I already have those.) Next, what does the adjuster who is denying the claim have to gain, on a personal level, with State Farm? My adjuster is appalled at the situation and can't believe that they denied it in the first place, & believes I should get 100%, of course she is representing me. But why is it that the other adjusters opinion seems to matter so much more? Do some have more pull than others? I would really appreciate your input.

Nebraska is NOT a no fault state, there is even a statute covering this very situation, I have been told that State Farm is not following this NE law in this situation. I have not had the chance to find this information & review it on my own, so I reserve judgement on this at this time.

I just get the feeling that the other persons adjuster thinks that I will not or can not afford a lawyer, so he will win this one. He is mistaken. I am a poor college student right now, living off student loans that I will have to pay off later. However I am engaged to a third generation farmer in rural NE. His family has used the same lawyer for years, He is willing to help me out. I am fortunate in this respect.
Again, Thank You All!!! Looking forward to more responses.
Cindy

THANK YOU everyone for your support and advice!!!!!
First off I immediately called my agent, he has been no help. I have been with the same agent at State Farm since I was 16, my parents helped him get his office going when he first opened in the late 60's or 70's, my family has been loyal customers since then. He is a small town agent in Hastings, NE.

When both of my Dad's (father & step-dad) called him after they denied my claim, all he would say is, "Yeah, it's a bad situation". Needless to say I don't believe they will be customers for very much longer! I also have two brothers & several aunts and uncle's with State farm who are closely watching for the outcome of this.

I am planning on calling my agent one more time today, after I speak with my lawyer, and giving him one more shot to do something for me, I don't think he will but I will give him the opportunity.

To Greg in Wisconsin, a question? The other driver does swear that they were not at fault but the physical evidence of the damage in this case can speak for it's self. I DID NOT rear end her, I hit her in the side of the minivan. It would have been impossible to hit her where I did if her story were true that she was in the lane ahead of me and I just hit her. Doesn't the actual damage mean anything? (I have been trying to get the pictures of the other vehicle, but all they have sent me are the pictures of my car, I already have those.) Next, what does the adjuster who is denying the claim have to gain, on a personal level, with State Farm? My adjuster is appalled at the situation and can't believe that they denied it in the first place, & believes I should get 100%, of course she is representing me. But why is it that the other adjusters opinion seems to matter so much more? Do some have more pull than others? I would really appreciate your input.

Nebraska is NOT a no fault state, there is even a statute covering this very situation, I have been told that State Farm is not following this NE law in this situation. I have not had the chance to find this information & review it on my own, so I reserve judgement on this at this time.

I just get the feeling that the other persons adjuster thinks that I will not or can not afford a lawyer, so he will win this one. He is mistaken. I am a poor college student right now, living off student loans that I will have to pay off later. However I am engaged to a third generation farmer in rural NE. His family has used the same lawyer for years, He is willing to help me out. I am fortunate in this respect.
Again, Thank You All!!! Looking forward to more responses.
Cindy

Cindy,

State farm is famous for that crap! You do not have to take whatever they offer you.

If the other driver was the only one ticketed, they are 100% at fault. Unless NE is a "no fault" state which I do not believe it is, they are liable to you for towing, storage and loss of use for at least 30 days, and fair market value less the total loss ratio. I think State farm pays only 60% of FMV for a total loss.

LEAVE that car where it is at!! DO NOT move it, or you will lose some of your rights and have to pay for future moves.

Here is how you get paid:

1. Get a lawyer ASAP...Personal Injury..They will handle your loss claim free with a personal injury claim! This lawyer will send you to HIS doctors to take care of your NECK PAIN that you now have, right? maybe some back pain too, right?

Unfortunately, this is what it takes to get paid.State Farm is the absolute worst in paying claims.

You are legally entitled to be paid for all reasonable losses when only the other party is cited, thus at fault 100% regardless of what the adjuster says.

IMMEDIATELY write a letter of complaint to FAX to the CORPORATE office and follow up with a phone call. CC the letter to you state insurance commission. This is very important, as it puts them on the hot seat. You have to do this in order to get paid.

Don't let them get away with this!!

Cindy,

OK first off I used to work for the Farm in the 90's as an adjuster and have spent many years in the claims game. I'm not going to defend them. So please allow me to add my 2 cents to this post.

1. Even though the police report may indicate that the other driver was at-fault it's not an open & shut deal. If the driver swears that they are not at-fault some adjusters will stand behind their policyholder and deny a claim outright like they first did to you.

2. What the other driver did about the citation/ticket issued to them matters very little. It is the facts of the accident itself that matter.

3. Your passenger will do you no good as a witness as they are not an independent witness. Their version will be given no weight in negotiations , arbitration or most courts. Is there any chance that an independent witness saw the accident?

4. It's a long shot but did the police officer take any photos at the scene? If so, get down to the police dept and buy copies of them.

5. Involve your agent. You would be surprised how much pull some of them have.

6. If there is no independent witness then you really only have two good chances to get more money out of St. Farm
A) Physical Damages. The damages to vehicles can go along way to helping sort out who did what. If you haven't already repaired or junked your car get photos right away. If you get some photos upload them to this post so we can review them.
B)Small Claims Court. You will have a good chance of convincing a judge/commisioner that you are owed more if you prepare properly and remain calm in the court room. If you are lucky the other driver won't show and the court may give you a default judgment. If so, you may be able to get St. Farm to pay off the judgment.

Good Luck and don't give up.

Allstates defended driver #1 successfully against driver #2 in court, so driver #1 decided it really must have been driver #2's fault. So driver #1 sued driver #2 and....Allstates then defended driver #2 against driver #1 in court... at which point the judge threw the entire case out & decreed Alstates must pay BOTH drivers.....which is the typical practice today when both parties are insured with the same insurance company.

Understand that many captive adjusters will try to be "heros" to the company to win promotions, and freelance adjusters will try to win more business for being successful in reducing the company's payout, or whatever. Its not about you personally but rather its about the adjuster's personal ambitions.

A driver zoomed out of a gas station as I was motoring along in traffic on the far side of a 2-lane way. He hit the driver's side of my Buick at the rear door even though I had driven off of the road and into a field to avoid him. The evasive move is probably why he did not cave in the driver's door and me with it. The adjuster for his insurance claimed that the damage to the side of my Buick was "pre-existing". They ultimately paid.

So stay the course and you should collect. Contact the state MVD? Isn't the MVD the people who require you to have insurance?

How can you be at fault when the woman made an illegal turn in front of you? I had the same accident ten years ago and had no issues with the insurance company - the other party got a ticket and I got 100% recovery.

You said you had a classmate with you - I would think an eyewitness would be powerful evidence - have you made the adjuster aware of this?

One other thought - work thru the agent that sold you the insurance - they have vested interest in keeping you as a customer.

Good Luck!