|State Farm Sucks- claim denied||C-mond|
Dec 14, 2001 5:55 AM
|Guess I will see those fools in court. What is this world coming to when people sue for "emotional damages" because their son did not make the varsity bball team. But then some kid gets nail by a suv while riding a bike in the friggin bike lane one saturday morning, and nothing is done about it.
Pay my medical bills and get me a new bike and I will not complain.....but geez screw around with me first , make me find an attorney that I think is enough of a dick-head to deal with the case and I now want more. Compensation for the scar, for training time down the tube, and for putting my athletic scholarship in jeopardy...perhaps a little pain and suffering.
I found that state farm was the insurance company and I initially thought that it would be fine, a well established company that must know what the hell they are doing. Ha- boy was I wrong.
|Now you have learned the dirty little secret about "rising||bill|
Dec 14, 2001 6:18 AM
|litigation costs" driving so-called "tort reform." Many of the cases in the courts are there because of intransigent insurance companies who, having brainwashed the public through skillful PR into thinking that the courts are clogged with miscreant frauds just trying to milk the system, are now very bold about litigating cases, particularly in smaller cases where the cost of what they will lose is overshadowed by the savings from the number of people who will walk away from the fight as just not worth it. The truth: jury verdicts are way down (see, above), and, although the number of court cases is up, the increase is entirely from commercial disputes having nothing to do with insurance. The number of tort cases (personal injury cases) is either keeping pace with population growth or even relatively declining. |
State Farm is not the worst, but they are one of the worst. Good luck.
|Welcome to the Farm||mickey-mac|
Dec 14, 2001 6:39 AM
|State Farm has a reputation for playing hardball. Now your case will probably be assigned to one of their in-house attorneys, who will most likely have marching orders to defend the case up to the bitter end. I've seen SF take some-in my opinion-indefensible positions on liability. Of course, SF would probably explain its actions by saying that it is watching out for its customers interests: keeping premiums down by refusing to pay questionable claims. Meanwhile some legitimate claimants are left out in the cold. Ah, life on the Farm. I hope my suspicions don't hold true for your case. Oh, and this is all just my opinion of course.|
Dec 14, 2001 7:38 AM
|Sorry to hear about your accident c-mond. I wish you luck in fighting it.
I guess I was on the right side of the fence in 1991. I had State Farm thru assigned risk (first policy-poor college student) and only carried $5,000 Prop. Damage. I always figured it would be hard to do more than $5,000 in damage. Well, really its quite easy...just mistake a scratched nose as an invitation to take the right-of-way, pull out into traffic without looking both ways and force a 1991 SUV head on into a 1989 Corvette. Its more like $20,000 in damage. State Farm made the Vette owner sign a waiver about not sueing Kristin, if they wanted to get their 5G anytime soon. Lousy yes, but at the time, good for me. I still feel bad for the Vette owner. (If I win the lottery, I'm gonna send them other 6g they deserved.)
Hey, so which companies are the best / worst for paying out claims? Is there somewhere one can look this info up? Personal opinions welcome as well.
|this is not good news||CT1|
Dec 14, 2001 12:15 PM
|A SF insured person damaged my car recently(100% their fault) and I'm wondering if the insurance adjustor will try to screw me. ???? :-( |
probably F'd again!
|Insurance rule of thumb||Tig|
Dec 14, 2001 7:45 AM
|After I got hit I was lucky enough that the LBS owner knew of a good lawyer and advised me to not talk to the driver's insurance company myself. Insurance companies are known for their ability to get you to say something that will weaken your case against them, even when you are truly an innocent victim. So, never talk to their insurance company. Let a good lawyer handle everything. Sure, the lawyer gets a 30-40% cut, but if handled well the remaining settlement or insurance payout will cover your bills and a replacement bike. Dealing with the insurance company alone might leave you with nothing.|
|re: State Farm Sucks- claim denied||MJ|
Dec 14, 2001 8:40 AM
|insurance companies are all about keeping their money - not about paying it out |
the way things are = you have to play hardball with claims - get a good lawyer
don't take it personally - it's a game - they say no all the time (claims managers - it's their job)
|Named Risk Policy||grzy|
Dec 14, 2001 9:22 AM
|It all has to do with how your insurance policy is written. Most likely you have a "named risk" policy - that is you're home owner's/renter's insurance will cover bikes for things like theft and damage from your house burning down. Crashing a bike isn't one of the named risks - pretty easy for fraud from their POV. Unless you can tag some responsibility on the other driver you're not going to get very far. I've had things go both ways and even USAA (the top rated insurance co.) wouldn't cover it. Probably the best thing to do is to get the book from Nolo Press on small claims court and take them to court.|
|Sorry to hear about that.||cioccman|
Dec 14, 2001 9:47 AM
|Sorry to hear about your misfortune. Been there, done that. I learned long ago, no matter what happens, just get a lawyer that same day. I've never been wronged that way. Just got screwed too many times prior to changing my approach to these things. I even had to go this route against a very large bike manufacturer.
I have two *regulars*. Both very very good.
Dec 14, 2001 10:39 AM
|I take it that State Farm is the other driver's insurer, not yours - is that right? If so, the insurer is only liable to indemnify the insured, the other driver, for liability of the driver. The insurer has no direct obligation to you. I'd like to know the other driver's version of the accident. The other driver may well have given State Farm a version of the accident that would make the insurer believe the case is defensible. That's important to know.
What was the reason given for the denial, if any?
|A police accident report would be helpful also. -NM||Tig|
Dec 14, 2001 11:00 AM
Dec 14, 2001 1:37 PM
Yes, you are correct State farm is the other driver's insurer.
Quick accident description.. Yellow road bike 8am wearing sunglasses, in bike lane red/white jersey. Suv comes from behind me and makes a right turn into entrance while I am crossing. I hit sidepanel decided to turn w/ suv, because I did not want to collide head on or hit the curb. Not enough room. Bike flies back I roll around vehicle jersy gets caught on bumper- dragged 20ft.
Apparently the insurance company thinks I had time to stop. (yeah right it was flat I was going 20+-) When they told me that I just said that my attorney will contact you.
This happened in NC which is a contributory negligance state.
I was in my own lane....simple as that.
Dec 14, 2001 2:25 PM
|With comparative fault, it would seem that you should get something.
You used the term "contributory negligence." That's not the same as comparative (shared) fault. In contributory negligence states, if the plaintiff (you) was at fault at all, you cannot collect. Most states that once had the contributory negligence bar have switched to some form of comparative fault.
What is the other driver's story? Remember, people will lie, or at least "remember" things differently that you do. Their story could be vastly different from yours, and the insurer could be basing the denial on that.
Dec 14, 2001 2:37 PM
|I don't know what she told the insurance agent but she told the officer that she saw me but then I got into her blind spot and she thought I hoped onto the curb.
Can you imagine that with heliums:)
Dec 14, 2001 3:06 PM
|Sounds like you have no choice but to sue. It would be good to have some witnesses, but here I can't imagine what version of the story would hurt you. Basically, she'd have to argue that you were negligent in the following respects:
1. You failed to stop or swerve when she turned in front of you;
2. You failed to make yourself more visable;
3. You failed to go fast enough so that she would be unable to pass and turn in front of you;
4. You failed to jump onto the sidewalk when her turning in front of you was signaled.
Of course, I'm being facetious, but that's what it seems like they would have to argue. Looks like you have no choice.
|Yeah, good call. I will. Appreciate the info and comments nm||C-mond|
Dec 14, 2001 3:13 PM
|re: State Farm Sucks- claim denied||guido|
Dec 14, 2001 11:40 AM
|A guy hit you, not an insurance company. The guy is responsible for paying your medical bills and paying for bike repairs or replacement. Is there a police report? Assuming it was his fault, sue the guy in small claims court. The guy is legally responsible for his own actions. He's the one who should submit the claim and deal with State Farm, not you.|
|re: State Farm Sucks- claim denied||Steve R|
Dec 14, 2001 12:32 PM
|Sorry to hear about your problem. I have had State Farm Insurance for over 30 years and have always found them to be fair and have never had a problem collecting a claim. I may be about to get the boot due to a series of accidents involving my teenage grandchildren, but I would still recommend them as an insurance carrier.|
|re: State Farm Sucks- claim denied||Indiana Rider|
Dec 14, 2001 2:08 PM
|State farm is the insurance company that replaced my bike this summer.....they were great..sorry to hear you have problems|
|um, the issue is....||filtersweep|
Dec 14, 2001 2:26 PM
|this is NOT a State Farm issue-
the issue is that you have medical bills, and the sky is the limit with medical issues (unlike property damage that has a fixed price... ie. fixing your car cannot exceed the value of the car, but fixing YOU can run $100,000+ if you are going to a chiroprator every five minutes, loss of income, etc....). It is rather standard practice for insurance companies to cause grief whenever a personal injury occurs.
I like SF- I pocketed $1500 a few years ago from hail damage that was all but invisible, and they have treated me very well over the past 14 yrs... but I've never been involved in an injury accident.
Everyone I know that has been injured in an accident hates insurance cos- no matter what the company!
|Insurance bad faith||Luis|
Dec 14, 2001 2:45 PM
|There is a growing area of law practice in the area of insurance bad faith, with huge verdicts being awarded by juries outraged by the cruelty of insurance companies to injured policyholders.
State Farm and Allstate top the list of defendants.
I can't vouch for their information, but these two sites give you a taste of what's going on.
Dec 14, 2001 3:11 PM
|Most states don't allow 3rd party bad faith suits. A 3rd party claim or suit is when the injured party tries to sue the opponent's insurer. A 1st party claim is against your own insurer, like when your car gets stolen.
Bad faith is based upon a contractual and/or fiduciary relationship between an insurance company and the insured. You have no contract with someone else's insurance company, and they owe you no duties. Some states have changed this by statute, however.
Dec 15, 2001 11:54 PM
|Good point. My post was mostly to point out the dark side of the insurance industry in general and State Farm in particular, rather than to suggest a way for the original poster to solve his problem.|| |