Insurance question re: State Farm

[LostinVA]

Brief version: my partner and her parents were in a BAD accident last week. A guy in a HUGE pickup went through a red light about 70 mph and slammed into them, totaling both cars. We spent 8 hours in the ER. He mom has some neck problems, and her Dad has a broken clavicle, three broken ribs, a torn spleen, etc. He 's getting out of the hospital today. The state trooper charged the guy with a bunch of stuff, and the court date is in a few weeks.

Okay, my question: his insurance company is State Farm, and they are pretty much refusing to do anything. We are encouraging them to contact a lawyer ASAP, especially since god knows how high the medical bills will go, let alone procuring a new car. State Farm said they can't legally pay for a rental car until the guy is convicted in court, which per Virginia state law isn't true. Her parents, particularly her father, have a ‘thing’ about lawyers and have insisted on trying to handle the insurance issues themselves. Their insurance agent, who her dad is quite friendly with and seems to trust way too much, has said their insurance will pay for whatever the other’s guy’s insurance won’t pay for. Which, of course, will ruin their insurance rates.

So, DUers always come through: they are gonna get royally screwed if they don't get a lawyer, aren't they? They are in their 60's are on a fixed income.

[AlCzervik]

1. that sounds like total bullshit, it was an "At Fault" accident and the guy

has been cited for it, State farm needs to pay for that rental car now.

[Midlodemocrat]

2. They need to get a lawyer, pronto.

Insurance companies always stonewall.

Have you seen the Marks and Harrison commercials here? Not that far from the truth.

[LostinVA]

5. My partner just emailed Marks & Harrison!

I know them from the ads -- I'm in Cville. I KNEW it was bullshit, but her parents are these know-it-all rednecks who are NEVER wrong. I just wanted some reassurance.... thanks, y'all!

[Texasgal]

3. That's why I call them

SNAKE FARM! GRRRRRR!

[LastKnight]

4. its the job of the agent to stiff you.

i hope im not offending anyone, but its true to some degree, or at least it appears that way from the outside.

hire a lawyer, or get screwed.

[Tyrone Slothrop]

6. I work for a plaintiff's attorney

So this may be a little biased, but there's absolutely no reason not to get a lawyer.

The people actually handling and processing the claim will not be the agent who sold them the policy.

Getting a lawyer in a situation like this really the only way to guarantee that your rights are being protected. And you don't have to pay them anything until the case settles.

Basically, it's a free way to protect your rights. Not retaining an attorney is folly.

[djeseru]

7. Went through this before with State Farm,

after their fully insured thrice-convicted drunk driver slammed into my husband. They screwed us through our own lawyer, yes, and it wasn't until we got a decent lawyer did we finally see any money at all.

Please, please, they must get a lawyer to deal with these rip-off insurance scum-bags...

[LostinVA]

8. Great! She asked me to post on here

To see what answers we got, hoping her parents will see that just because the State Farm agent "was nice" to them (they actually said this -- and think that because they act nice, they ARE nice!), they are SNAKES. Snakier than ANY personal injury attorney...

[djeseru]

12. Oh yes, they're very nice...

...in person and on the phone, it's their actions that told the whole story. And the fact that they had no problem insuring a convicted druck driver. The accident involving my husband was her fourth drunk-driving incident. These people are the worst to deal with.

I hope her parents will get some help with these snakes, and best wishes for a speedy recovery for them.

[Shakespeare]

26. State Farm is NOTORIOUS for that--I've been screwed, too.

18 years ago, I was hit in a minor fender bender, and the other driver was at fault. He hired a quack doctor, was diagnosed with a torn rotator cuff and had surgery (he was a garbage man--how do YOU think he got the rotator cuff injury?), and proceeded to sue MY insurance company! State Farm never notified us of the claim until they'd already paid a $25,000 settlement (and jacked up our rates).

State Farm is a horrible, nasty, unscrupulous company. Hire and lawyer and fight like hell.

[Cathyclysmic]

9. I've heard rumors that State Farm is getting very stingy

even more stingy then usual


I went to faqfarm.com to discuss my insurance questions with people. I have State farm and just had some jerk hit my car(he backed into me at a gas station)...it's been 4 days, and no resolution, no rental car, nothing!

[JimmyJazz]

10. Is Virginia a "no fault" state? If so, your partner's family should

be using their own insurance company for bills, lost wages, property damage, etc. That's what the premium is for. Then, their insurance company will go to State Farm for reimbursement. It won't affect their premiums.

"no fault" doesn't mean no one was at fault, btw - it simply means that both parties use their own insurance and the companies will duke it out later. It's to prevent exactly this kind of situation.

[LostinVA]

15. Yes, it is a no fault state, however

There is NO guarantee State Farm will pay for anything, and their insurance agent made it out that her parents have to pay for everything up front, and then they'll go after State Farm for reimbursement. Just saying, if they are lying to them already....

And, per someone I work who had this happen to them: their premium can go up, or they can be dropped by their insurance company if State Farm doesn't pay.

[JimmyJazz]

17. A premium raise is unlikely. Everyone is going to tell you

horror stories. The first question a lawyer is going to ask is, "who is your insurance company?" Your partner's family is in for a long, long haul if they continue down this path. They do not have a contract with State Farm and State Farm is under no obligation to move quickly on this matter. However, they do have a binding contract with their insurance company who will probably be a WHOLE lot nicer to them.

Anyway, it's just a suggestion. Thanks for listening. :)

[LostinVA]

19. Excuse me, what "path" are they on?

A 64-year-old man who had the green light and was slammed into by a huge vehicle, and who can't even move unless he's doped up on opiates? Or her Mom, who's whole right side is numb? They aren't on any "path," expect trying to get their life together, which means a rental car, a new car, and assurance they aren't going to be stuck with literally $50,ooo+ bills. Or even more.

I'm not trying to be a bitch, but your use of "continue down the path" rubs me the wrong way. They have done NOTHING wrong. They are innocent, and just need and want to be treated fairly, which isn't happening from ANYONE.

And, if you read my posts, THEIR agent isn't playting ball with them either.

Also, there are alot of horror stories out there because the insurance industry sucks.

[miss_kitty]

24. I think by "path they're on"

JJ meant trying to fend for themselves in this situation, as opposed to seeking legal help. She wasn't blaming them for anything.

[JimmyJazz]

25. Miss Kitty was right in her post. I meant by them trying to go it

alone. And, they need to stop talking to their agent. The claim should be reported to an insurance adjuster. An agent is there to sell insurance. He or she is in no position to give them advice. They need to tell the agent to forward the claim so they can deal with an adjuster.

I'm sorry if I offended you. I'll take my 20 years experience in this field and mind my own business.

[LostinVA]

18. I just read online that "no fault" insurance

Is only for medical bills, anyway. Not vehicle, rental car, lost wages, etc. So, the State Farm guy is sooooo lying. Her agents aren't some kind of crooks -- they, esp. her Dad, was severely hurt.

[JimmyJazz]

21. The laws definitely vary from state to state.

In Delaware, it covers medical bill and wages. In Pa, they went through "tort reform" and you can opt out of certain things.

BTW - I wish your partner's family a speedy recovery from their injuries.

[CountAllVotes]

11. get a lawyer

I had a similar incident - legally parked car while at work - smashed up when I got off work. There were eye witnesses that saw what happened. Some old man hit my car and two others parked and he was insured by State Farm and they refused to admit liability.

Three years later I got my money for the repairs that I paid out of my own pocket to fix the car.

State Farm sucks!

:kick:

[madmom]

13. It's their job to be "nice" so they can get out of paying ....

as much as possible. She desperately needs a lawyer. My father-in-law had a heart attack they canceled his insurance and told him get a device on your car we'll re-instate. now what kind od device tells your car you're gonna have a heart attack? The insurance companies have the best lawyers in the field on retainer for just that purpose to fuck the claimants. If they are on retainer for the insurance companies they can't represent us, so we have to get the lesser ones, but there are some out there who will go after them.At least 1/2 the premium we pay goes to have these lawyers on retainer. Don't be naive get a lawyer!!!!!!!!!Preferably one who specializes in accident claims.

[Bzzzz]

14. Get A LAWYER!!!!

My husband and I had State Farm when we were in a motorcycle accident(2 dogs ran out in front of us). Our agent would not help us at all and wanted us to work with the dogs owner's insurance. The other company didn't want to cooperate. We hired an Accident and Injury attorney. It took 2 years to settle, but they had to pay up big time. They were also cited and fined for not having their dogs restrained in their yard. It sucks...you pay your premiums and think you're company will take care of you, but they don't. Damned if you don't have it(insurance), and damned if you do...

[pitohui]

16. they need a lawyer

unfortunately you can't help the helpless but they need to get a good lawyer w. experience w. automobile accidents, yeah, as soon as possible

the lawyer gets a percentage of the settlement, which should be substantial, as a woman in her 60s w. neck problems as a result of the accident will likely never be painfree again

they don't realize how serious this is

i harmed myself very badly by not getting a lawyer when i was injured, i was in shock & did not understand the severity of the injury or the reality that soft tissue damage actually gets worse for some time after an accident & what you think is not all that bad can mean life long pain or dependence on drugs

they need to be sure they will be getting enough $$$ to pay for their rehabilitation & physical therapy, the sooner it starts the less likely that they'll have severe lifelong pain issues

they need to get a lawyer w. experience to guide them thru this

if they don't, they will always always always regret it, every waking minute of the day

they are in shock now

give em a few days & talk sense to them again when maybe they're back in consensus reality

[LostinVA]

20. Thanks, Pitohiu

Our sentiments actually....

[LostinVA]

22. To add insult to literal injury

They were visiting from NC while my partner took a week's vacation to spend time with them. This happened the afternoon of the first full day, so that was a nice vacation for the family...

[miss_kitty]

23. Lawyer

That's bullshit. State Farm is bullshit.

If they don't want to deal with an atty, do you have a state insurance commissioner-that's a good place to start. Start calling supervisory personnel in the company. Keep going upwards.

And yes. they will get screwed. They should NOT be out of pocket for anything.

And they should shop for better insurance. State Farm wanted to charge me DOUBLE what Pemco did, for less coverage.

here. State Insurance Commissioner web page
http://www.scc.virginia.gov/division/boi/