Hey ZRGator, yes I got what I thought was a fair settlement out of State Farm... after threatening to have the adjuster arrested for auto theft. If my threat was without merit why did he suddenly change the amount on the settlement check? Why would his supervisor let him change it? Because they're just really nice guys, right?
No, because they got caught doing something wrong and they knew it. If I was blowing smoke they'd have told me to put it in a pipe and smoke it. You called it an "actionable claim". I acted upon it to get a fair settlement myself because I needed a car now, not six months or a year from then.
I said I was lied to. Let me list them for you.
1. The day after the accident when I contacted the adjuster in charge of the claim to get the ball rolling. He told me I'd have to provide him with a copy of the accident report before anything could be done. The woman at fault had already reported the accident to them and admitted fault and provided them with copies of the tickets the G.S.P. had issued her. I know this because I 1st contacted her State Farm agent and the secretary told me before refering me to the adjuster.
Four days later when I told my agent about the accident and what the adjuster had said he told me that the State Farm Adjuster was "full of crap". The State Patrol post commander had not signed off on the typed up "official copy" of the accident report yet. I called the State Farm adjuster and demanded a rental car and that we procede with handling the claim.
2. He tried to tell me that the only rental car I was entitled to was a Geo Metro. I called my insurance agent and asked him about this. I then called the State Farm adjuster back and demanded a rental car comparable to my Thunderbird, a 2 door, v-6 sport coupe that I was legally entitled too under state law.
3. The next morning the rental car agency called me and told me that they didn't have any cars comparable to mine. All they had was a Geo Metro or a Geo Prizm. I told the girl "Gee, that was odd, you had 3 Monte Carlos parked in front of their office 15 minutes ago."
"Ummm....(really long pause) I can't rent you one of those without approval from the Adjuster" The car rental girl replied. I told her to call him immediately.
4. Five minutes later the adjuster calls me whining about all the woman at fault for the accident's policy covered was a $25 a day rental car (i.e. Geo Metro). I told him that my agent had informed me about the state law regarding rental cars. He capitulated and I went to pick up a Monte Carlo.
5. It took the adjuster about a week to make the first settlement offer. It was very low. (i.e. not enough to buy a car like mine and in comparable condition) I told him his settlement offer was way off and that if we couldn't agree to a cash settlement then they could pay to have my car fixed as required by state law. (again, something my ins. agent told me)
I had recently replaced the engine, transmission, shocks, tires, brakes, fuel pump, etc.. on the car within the last 10 months with new or rebuilt parts. The adjuster said he could adjust the settlement offer higher if I could provide receipts for the parts. I had done all of the labor. The next day I gave him copies of all the receipts.
For the next 2 weeks the adjuster didn't call me. I called him several times and all he would say was "they were still evaluating the information about the claim".
Well the 30th day after the accident rolls around. At 8am the body shop owner, who I've known all my life, told me to come get my license plate, in-car cellphone, and other stuff. I asked him why. He told me that "State Farm sold your car to the auto salvage auction yard. I asked him who told them they could do that. He said he didn't know but, the adjuster had called him yesterday afternoon to notify him and the salvage yard picked up the car that morning. I went to pick up my stuff.
Note: even if they didn't legally "sell" they moved it 35 miles without my knowlege or consent. That, folks is what we call auto theft in Georgia.
At about 9am the rental car agency calls me and tells me that the car has to be back at their office by 5pm or it's on my dime. I tried calling the adjuster immediately afterwards to see what the heck was going on. All I got was voicemail.
At approximately 10 am the adjuster calls and tells me to meet him at his office at 2pm to settle up. He refuses to answer any questions about the settlement. I call my neighbor, the sheriff, and tell him whats going on and ask him what I need to do to press charges against the adjuster. At 1pm I stop by his office on the way to the adjusters office and pick up the forms to swear out a warrant. I take them with me.
When I get to the adjusters office he presents me with check for the original low ball amount that I had rejected and a form to sign. I tell him that I won't accept it and that he can either increase the offer to an amount or fix my car. He told me that he couldn't fix my car it had already been "sent" to the salvage yard for disposal at auction and the ccheck he had was their finall offer and I "could take it or leave it".
At that time I pull out the forms from the Sheriff's office and ask the adjuster, "How bad do you not want to go to jail today?"
He's puzzled by this and tells me I can't do that. I show him the forms and assure him that I can and will. He leaves the room and comes back in with his manager/supervisor. The manager tells me I can't have the adjuster arrested. I ask him if he knew about my car being towed and offer to put his name in the warrant affadavit. They leave the room and stay gone for about 20 minutes.
When they come back they have a check for the amount that I had told them what I thought the car was worth( not a wild guess, I'd researched it) at the 1st settlement meeting two weeks prior. I'm happy and they're relieved that I'm happy.
Later that afternoon I went to pick up a Thunderbird from a family friend who was also a used car dealer. He gave me a really good deal on a car 2 years younger than my old one. It also had a V-8. I had found other cars the same year model as mine for $1000 more than what paid for my replacement T-bird.
As I stated before in a previous post, If I'd actually pressed charges and/or gotten a lawyer then I would have had to wait who knows how long before being compensated for the wreck.
I'm complaining about the thorougly dishonest and belligerent treatment I received from a State Farm Insurance Company employee for 30 days after some idiot ran over me and my car.
Since I've heard several accounts of very similar behavior by State Farm insurance adjusters in other cases. At least 2 of the people did not know the law and took the low ball settlement. I hope that others can learn from my experience and are now better prepared if they find themselves in a similar situation, since there appears to be a pattern of shady practices.
ZRGator, I do not appreciate being called a liar by someone completely ignorant of the facts. You obviously work for State Farm or in the Insurance Industry. I can understand you being upset about someone apparently dissing your profession/company. But, this did happen to me 8 years ago and the fact that others have told me of similar experiences with the same company at different locations tells me that its probably not just a single "rogue" adjuster.
Now lets talk about the class action (that means they ripped off a lot of people) lawsuit that State Farm lost and had to pay a record breaking settlement. As you said, "That case revolved around the quality of Non OEM parts.". Yup, poor quality knock off parts that, among other things, lacked the safety features like built in crumple zones that absorb the shock of an impact in an accident. State Farm was sued in a class action suit for misrepresenting (that means lying) the quality of the non oem (dangerous) parts in some cases and substituting them without the knowlege of the car owner in others.
ZRGATOR, you can play sematic games to attempt to mitigate and obfuscate the facts all day long but that won't change a thing. Yes big companies have disagreements with ordinary people every day. Every day some people in some corporations use their vast reserves of money and legal muscle to do everything possible to deny any wrongdoing and prey on the naiveitte of consumers to get the most favorable terms. Fairness and doing the right thing be d@mned.