State Farm is screwing me.

[scottyb]

I'm so mad, I'm shaking.
Sorry for the length, but am I wrong in being upset?
My wife was in an accident 3 months ago. She was in the right lane of a 4-lane road. She was "ahead of the pack", meaning there was nobody in front of her. She had the right of way, no traffic light or stop sign. A car came from a cross street from her left (stop sign)and was attempting to cross the 4-lane road. My wife locked up the brakes and turned the wheel to the right in attempt to avoid the car approaching from her left. She was sliding about 10 degrees to the right (pics of skidmarks)when the other car hit the left wheel. Both cars then swung so that they basically had even damage down the side (right side of other car and left side of my wife's). It is clear that my wife had the right of way and the other driver has admitted to attempting to cross the street.

Here's the catch: A "witness" who did not actually see the accident occur said that my wife was going "about" 15 MPH over the speed limit, becuse she previously passed him. On this reason alone, State Farm is making my wife 20% liable for the accident.

The other woman had injuries because she did not wear a seatbelt. My wife walked away with a sore neck. The other driver was insured with State Farm also.

I'm fighting MY OWN insurance company over this. I feel that the other driver is 100% at fault because she violated the right of way. Should I hire an attorney?

 

[Jebadias]

Man, I don't know but good luck with whatever you decide to do

 

[Taffy]

Yes, get an attorney. State Farm will do as little as they can since both cars were with State Farm. They are basically suing them selves. I think an attorney is the only way to get what you are due!

 

[hot6-231]

I've heard many horror stories about State Farm over the years. This is yet another one. I would get a good attorney and fight this. It's a damn shame that after you pay these people for years go ahead and pull sh** like this!!! Hope all works out for you......................KB

 

[Two Lane]

Might Want To Consider Comparing & Switching

Great service AND mega-low rates?

Farm Bureau <---must be the best kept "secret" in the insurance field

HTH

 

[2quiktocare]

Well, like their saying says, "like a good neighbor, State Farm is there". Yeah, borrowing everything in your garage. They are there to screw you into a much higher bracket. One, the lady that said she was speeding is just hear-say. How could she judge how fast your wife was going, and how did she know what her speed was? Get a lawyer, and take them to court. Then find an insurance company that isn't so screwball. Make sure they don't submit to your DMV that the accident was charged against her in any way. The other thing is, did the cops ticket your wife for the excess speed? If not, S/F has no basis for their claim.

 

[webleyaz]

Lawyers are savages. Sometimes necessary, though. Seems to me SF is just looking for an excuse to raise your wife's rates. It sounds like your wife's neck may be starting to hurt.
It's never cheap when there's a lawyer involved.

 

[Little6pack]

Yet I just saw a commercial for them showing people that love their cars & washing & waxing them.
Saying that SF feels the same way about their customers.
WHAT A LINE OF BS

 

[1ARUNEM]

Is Florida a "comparative negligence" state now? Last I remember when I worked for Allstate, they were a "no fault" state..

Regardless, unless your wife is hurt (and will have substantial med bills), a lawyer is not the answer.. You certainly could consult with one about the situation but I wouldn't recommend 'hiring' one. Unless you want to give away 30-40% of what you got coming anyway since they are your insurance company too.

Since State Farm insures BOTH drivers, they SHOULD waive both deductibles (assuming you have collision insurance to cover your 20%) and fix both vehicles and pay for related med bills.. This shouldn't be a problem even if they call your wife 20% at fault..
Still shouldn't be any money out of your pocket..

I am assuming they arrived at 20% based on the witness and "the "opportunity to avoid" since the other vehicle crossed four lanes.. (They assume your wife should have had time to slow or stop in the time it took that car to come across 4 lanes whether she could have or not.)


Anyhow, good luck...

 

[scottyb]

Florida is no fault.
They are reimbursing me 80% of my deductible and rental cost, so my out-of-pocket for the whole ordeal is about $190.00. If I thought for a moment that the other driver wouldn't be 100% at-fault, then I would not have rented the car.
What upsets me is the obvious increase in premium and the injured driver has an attorney. This decision to me sets the stage for them (us) to be sued. I don't want to mess with an attorney and I'm not on-board with this "lawsuit happy" society, but I truly believe that State Farm is wrong.

 

[Lee_Burough]

A police report might help....Might hinder you too. Was she issued a ticket?

 

[GNSCOTT]

Since when is another driver qualified to say how fast over the speed limit you are going? I can see if they were keeping pace, but not even a police officer is allowed to guage how much faster you are going by how fast you pass him. They will pace you with their car to determine how fast you are going. How do they know how fast your wife was going at the time of the accident if the driver did not even whitness it? Your wife could have slowed down to 10mph under the speed limit at that time. No one is allowed to speculate your speed, and it is wrong if the police even noted it on the police report. Your wife being 20% at fault I would imagine your premiums will not be going up 20% of what they would have been if she were 100% at fault, so your out of pocket will add up to more than that over the next 3 years. Tell them you want their reasoning in writing and at least consult a lawyer.

 

[49-blues]

I had a similar accident last april,same statefarm ins co,and they told me that if your car is not parked when it got hit ,you are automatically considered at 35% at fault. in my case i was doing the speed limit,had my seat belt on and had a green light,the lady made a left turn against the traffic signal-she did not have a left turn arrow-omly a green light to go straight.still waiting for court,she lied through her teeth. allstate only wanted to give me $1000. for my totalled car,but i didnt accept it ,took them to small claims court and was awarded $3500. for my car. my injuries are still pending. HTH

 

[GNX Guy]

Never get in an accident with someone that has the same insurance company as you. If you had different insurance companies, you'd be sitting a bit prettier

Joe

 

[1ARUNEM]

Ok, Florida is still considered no fault (PIP state).. That being the case, the other party having a lawyer should not concern you.

A. The other driver is majority at fault (over 50%) and has no claim against you..
B. Florida is a pip state.. if memory serves, there is a $10,000 threshold for injuries that would have to be met before the other party could come against you.. Again, they have no case as she (the other driver) is the "proximate cause" of the accident..
C. Since both parties are with State Farm (and Fl. is a pip state), the other drivers lawyer we be going after State Farm for pip/med pay benefits from their own policy, not yours..

Talk to "your" claim adjuster (I hate the State Farm "team" structure) and be sure they keep you aware of all goings on.. Each insured should have an individual adjuster since this is "in house" to avoid any conflicts of interest..

Goodluck...

 

[Buick From Hell]

complete total bull$#!t...State farm is simply looking to make money on this deal... by making you 20% at fault, they SAVE 20%, and by handing out blame to BOTH parties, they can raise the rates on BOTH policies...

Just go to court, and if that silly bitch shows up and says you were going 15mph too fast, just say "prove it lady, cuz YOU were going 15mph too SLOW..."

 

[sr71gn]

wow- what a disgusting story - state farm is obviously getting away with what they can(kind of like enron) they really need to be sued over this dealing out partial fault when ever they feel like it-- you should not let it stand in the insurance record that your wife waas 20% at fault-- the police would not say she was speeding unless they could prove it - obviously what that witness said is no kind of proof what so ever that your wife was speeding-

dont let it stand - it will come back to haunt you

 

[ITSAV6]

stste farm

I have State Farm ins on my house and cars. Had a house fire and had no problems,they spent nearly $80,000+$20,000or so for contents. Even did some things I didn't think necessary. Rates haven't went up a dime. I was hit by another driver insured by State Farm-she ran a red with me turning on green arrow. We have several vehicles so I did not get a rental. My car that got hit was a 84 Mustang 4cyl coupe-converted to V8. When the adjuster called after he looked at it and gave me his $figure I told him it had been converted to a V8 car he added 2 or 300 to my check. Over $1600 for a car I paid $1000 for and put nearly 40k miles on. On top of that I got $200 for the 20days before we settled.
I would not accept that 20% at fault BS. Start with your agent,they want your business,threaten to take all your business elsewhere. Don't settle,threaten w/lawyer.
Farm Bureau-left them for State Farm-full coverage on T-Type went from $459 6mo-$200 6mo. Went in to farm Bureau to drop my policies they tripped all over themselves-looked at the Buick and said it ought to be $375. So I asked why they had been sticking me for $84 dollars for 2 years.
I also had a 90 GT that burnt up,had a check for full retail $, minus deduct of course, in 3 days.

 

[turboscott]

The only thing an attorney will do in the case is help drain your bank account. The money you will spend on the attorney will be more than the $190 out of pocket for the dedcutible and rental + the increased premium. Don't worry about the other driver having an attorney. State Farm found her to be 80% at fault, how much you think she is going to get? If there is a witness who is willing to testify that your wife is speeding, then there will be some % of negligence placed on her by a judge/jury. My recommendation to you in this case is, after you have your car fixed and have gotten your claim resolved, FIND A NEW INSURANCE COMPANY!

 

[scottyb]

Originally posted by turboscott
The only thing an attorney will do in the case is help drain your bank account. The money you will spend on the attorney will be more than the $190 out of pocket for the dedcutible and rental + the increased premium. Don't worry about the other driver having an attorney. State Farm found her to be 80% at fault, how much you think she is going to get? If there is a witness who is willing to testify that your wife is speeding, then there will be some % of negligence placed on her by a judge/jury. My recommendation to you in this case is, after you have your car fixed and have gotten your claim resolved, FIND A NEW INSURANCE COMPANY!

I agree. I am raising a big stink and I have informed my agent that if they don't get it right, I'll start shopping. They have had me for 20 years and I have easily paid them over 20k in premiums. I am already 2 steps over the adjuster and will keep climbing al long as I can. Aside from these efforts, I will drop it. I know that an attorney will get me nowhere without significant cost.