State Farm Car Accident Insurance Claims
Knowing The State Farm Claims Process Can Avoid No Offer or Low Offer Settlements. See Some Sample Car Accident Settlements.
Car accidents can be a traumatic experience, and navigating the insurance claims process can be overwhelming. However, it is important to understand how car accident claims are filed with an insurance carrier in order to maximize a settlement. State Farm is one of the largest auto insurance companies in the United States, and they, like all car insurance companies, have basic procedures for filing a claim. Of course, their goal is to pay as little as possible to resolve a claim and yours is to recover the maximum amount necessary to make you whole again.
Understanding State Farm Car Insurance Coverage
State Farm offers a range of car insurance coverage options that can help protect drivers and their vehicles in the event of an accident. Some of the most common types of coverage offered by State Farm include:
Liability Coverage: This type of coverage pays for damages and injuries caused to others in a car accident that you are responsible for either directly or indirectly.
Collision Coverage: This optional coverage helps pay for damages to your own vehicle if it is damaged or destroyed in an accident.
Comprehensive Coverage: Also optional, this type of coverage helps pay for damages to your car that are not related to a collision, such as theft, vandalism, or weather-related damage.
Medical Payments Coverage: This optional coverage can help pay for medical expenses incurred by you or your passengers as a result of an accident, regardless of who was at fault.
Personal Injury Protection (PIP): Similar to medical payments coverage, PIP is mandatory in Florida and covers medical expenses, lost wages, and other costs associated with injuries sustained in a car accident.
Uninsured/Underinsured Motorist Coverage: This type of coverage can help protect you if you’re involved in an accident with a driver who doesn’t have enough insurance to cover the damages they caused.
Rental Reimbursement Coverage: Optional rental reimbursement coverage pays for rental cars while your own vehicle is being repaired after an accident.
These are just some examples of the different types of car insurance coverage offered by State Farm. The specific types and amounts of coverage that are right for each driver will depend on factors such as their budget, driving habits, and level of risk tolerance.
Filing a Claim with State Farm
Filing a car accident claim with State Farm can be a stressful experience, but it’s important to take the proper steps to ensure that you receive fair compensation for any damages or injuries sustained. If you are the injured party, and you are filing a claim on your own with the at-fault driver’s insurance company, then below is an outline of the steps involved in filing a car accident claim with State Farm. Please note, we do not recommend handling a claim on your own, and urge you to seek the advice of an experienced car accident lawyer immediately after an accident (after you have sought medical treatment). We say this for the simple reason that you may say something to a State Farm adjuster that can be used to deny your claim, especially as it relates to who is at fault (liability) and your injuries (damages).
Report the accident: The first step is to report the accident to State Farm as soon as possible. This can be done by phone, online, or through the State Farm mobile app. If you are not their insured, then it is likely their insured has already made contact with the company and a claim has been opened.
Provide information: When reporting the accident, be prepared to provide details about what happened, including the date and time of the accident, where it occurred, and any injuries or damages sustained.
Gather documentation: Collect any relevant documentation related to the accident, such as police reports, medical bills, witness information, and repair estimates.
Wait to be contacted by an adjuster: Once you’ve reported your claim, a claims adjuster will be assigned to your case and will contact you within a few days to discuss the next steps.
Cooperate with the adjuster: Work closely with your assigned adjuster throughout the claims process. They will guide you through each step and help you understand what documentation is needed. Please note, we do not recommend giving a recorded statement to the adjuster unless you first talk with a car accident attorney about your rights to learn how that information can be used against you, including issues related to fault and damages.
Review settlement offers: If State Farm makes an offer for a settlement amount or compensation, review it carefully and consider negotiating, if necessary.
Accept or reject settlement offers: After reviewing the offer made by State Farm and negotiating if necessary, decide whether to accept or reject their final settlement offer.
Working with State Farm Claims Adjusters
If you are proceeding without legal representation, then effective communication with a State Farm claims adjuster can be crucial to the success of your car insurance claim. Here are some tips for communicating with a State Farm claims adjuster:
Be honest: It’s important to be honest and upfront with your adjuster about the details of the accident, including any injuries sustained or the damages, incurred. Lying or withholding information could jeopardize your claim and your credibility with the adjuster. However, do not admit to fault or say that you may be partially at fault for the accident as that is a legal conclusion that can be influenced or impacted by the application of state laws and regulations (for example, laws related to traffic violations, traffic control, evidence, etc.).
Be prepared: Before speaking with your adjuster, gather any relevant documents and information related to the accident, such as police reports, medical bills, witness information, and repair estimates.
Stay organized: Keep track of all communication with your adjuster, including phone calls, emails, and letters. This will help you stay on top of the status of your claim and ensure that nothing falls through the cracks.
Ask questions: Don’t hesitate to ask your adjuster any questions you may have about the claims process or your coverage. They are there to help guide you through the process and address any concerns you may have.
Be patient: The claims process can sometimes take time, so it’s important to remain patient and stay in communication with your adjuster throughout the process.
Negotiate fairly: If you disagree with an offer made by State Farm for settlement amount or compensation, don’t be afraid to negotiate for a fair resolution. However, always do so in good faith and be willing to provide evidence supporting your position.
Car Accident Settlement Process
After reporting a car accident claim with State Farm, and submitting the foregoing information, a claims adjuster will review the information and determine the appropriate settlement amount. One tool State Farm uses to determine an appropriate settlement is claim estimating software. This software takes into account various factors, including, but not limited to, the extent of vehicle damage, the severity of injuries sustained, the amount of medical expenses, lost wages, the length of any hospital stay, and any related traffic laws and regulations.
Once a settlement amount has been determined, the claims adjuster will contact you to discuss the offer. If both parties agree on the settlement amount, then payment will be issued by State Farm.
However, if there is disagreement about the settlement amount or liability for the accident, negotiations may continue between the two parties until an agreement is reached. In some cases, legal action may be necessary to resolve any disputes.
It’s important to note that while State Farm’s claim estimating software can provide a general idea of what a fair settlement amount should be based on various factors, it’s not comprehensive enough to capture every detail of an individual case. It’s always recommended that a car accident victim consult with experienced legal counsel to learn about all of the factors that should be considered or included in a car accident settlement.
Why Do Settlement Amounts Vary?
State Farm car accident settlement amounts can vary depending on several issues, including some statutory legal issues. For example, settlement amounts may differ for car accidents because of:
The severity of injuries: The severity of any injuries sustained in the accident will play a significant role in determining the amount of compensation offered by State Farm. More severe injuries will typically result in higher settlement amounts;
The extent of property damage: The extent of damage to the vehicles involved in the accident will also be taken into consideration when determining a settlement amount;
Insurance coverage: The amount of insurance coverage that each party has will impact the potential payout for damages and injuries sustained in an accident;
Liability determination: If State Farm determines that you were partially at fault for the accident, then the compensation they will offer you will be reduced by your level of fault. According to Florida Statute 768.81:
(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.
(3) APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
(a)1. In order to allocate any or all fault to a nonparty, a defendant must affirmatively plead the fault of a nonparty and, absent a showing of good cause, identify the nonparty, if known, or describe the nonparty as specifically as practicable, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure.
2. In order to allocate any or all fault to a nonparty and include the named or unnamed nonparty on the verdict form for purposes of apportioning damages, a defendant must prove at trial, by a preponderance of the evidence, the fault of the nonparty in causing the plaintiff’s injuries.
Location and Type of Accident, and Florida law: Florida law and regulations can also impact how much compensation is awarded in a car accident settlement. For example, see Florida’s left-turn law and Florida’s rear-end car accident law; and
Negotiation skills: Finally, negotiation skills can play a role in determining the final settlement amount received by an individual involved in a car accident with State Farm.
Overall, there are several factors that can influence how much compensation is awarded to individuals involved in car accidents with State Farm, making it important to work closely with an adjuster throughout the claims process to ensure that you receive fair and just compensation for any damages or injuries incurred.
Who Are State Farm’s Lawyers?
State Farm lawyers play a significant role in the claims process, particularly when it comes to handling complex or disputed claims. Policyholders should understand that State Farm lawyers work for the insurance company, not for them.
It’s important to note that while State Farm lawyers may assist with negotiations and legal proceedings related to car accident claims, policyholders always have the right to consult with their own legal counsel if they feel it would be beneficial. This can help ensure that their rights are protected and that they receive fair compensation for any damages or injuries sustained during a car accident.
Here are a few of the South Florida attorneys representing State Farm:
David D. Hernandez, Esq.
200 South Andrews Avenue
Fort Lauderdale, Florida 33301
Lisa J Baligian
Nicholas J. Ryan & Associates
110 SE 6th St Ste 2100
Fort Lauderdale, FL 33301-5052
Charles E Benson, Esq.
Nicholas J Ryan & Associates
110 SE 6th St Ste 2100
Fort Lauderdale, FL 33301-5052
Nicholas Maniotis, Esq.
Flanagan & Maniotis, P.A.
2586 Forest Hill Blvd.
West Palm Beach, Florida 33406
Sample State Farm Car Accident Settlements and Verdicts
Settlement Amount: $100,000.00 – C.L. v. State Farm, et al. – The at-fault driver lost control of his vehicle and collided head-on with our Client’s vehicle.
Settlement Amount: $75,000.00 – M.B. v. State Farm, et al. – Uninsured motorist claim where Plaintiff was injured with a broken wrist.
Settlement Amount: $50,000.00 – M.T. v. State Farm, et al. – After being cut off by another vehicle on the interstate, the client’s car was sent spinning out of control and hit a guard rail.
See a larger sample of state farm car accident settlements and verdicts.
FAQs About State Farm Car Accident Claims
1. What is the average State Farm car accident settlement?
It’s difficult to provide an average settlement amount for car accidents involving State Farm, as the amount of compensation awarded can vary widely depending on a number of factors as outlined above. These factors may include the severity of injuries sustained, the extent of property damage, and the specific details of the accident itself.
Ultimately, the best way to determine what a fair settlement amount might be for your specific case is to work closely with your assigned claims adjuster and potentially consult with legal counsel if necessary. By gathering evidence supporting your claim and negotiating in good faith with State Farm representatives, you can increase your chances of receiving a fair settlement for any damages or injuries sustained during a car accident.
Quick Tip: The Average Car Accident Settlement in Florida is $30,000.00 (without surgery).
2. How long does it take State Farm to settle a claim?
The length of time it takes State Farm to settle a claim can vary depending on a number of factors, including the complexity of the case and the severity of injuries or damages sustained. In some cases, claims may be settled within a matter of weeks or even days. However, more complex claims involving serious injuries or disputed liability may take several months or longer to resolve.
Overall, while there is no set timeline for settling a claim with State Farm, policyholders can help ensure a timely resolution by cooperating fully with their assigned claims adjuster and promptly providing any requested information or documentation. However, there are some laws in Florida that can be helpful.
Florida Statutory Law Related to Car Accident Claims (PIP):
State Farm is required to pay you your PIP benefits for reasonable medical expenses incurred within 14 days after a car accident (they will pay the medical expenses after that period as long as you received some treatment within 14 days of the accident). According to Florida Statute 627.736:
627.736 Required personal injury protection benefits; exclusions; priority; claims.—
(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:
(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident.
Also, settled State Farm claims must be paid no later than 20 days after a written settlement is reached:
627.4265 Payment of settlement.—In any case in which a person and an insurer have agreed in writing to the settlement of a claim, the insurer shall tender payment according to the terms of the agreement no later than 20 days after such settlement is reached. The tender of payment may be conditioned upon execution by such person of a release mutually agreeable to the insurer and the claimant, but if the payment is not tendered within 20 days, or such other date as the agreement may provide, it shall bear interest at a rate of 12 percent per year from the date of the agreement; however, if the tender of payment is conditioned upon the execution of a release, the interest shall not begin to accrue until the executed release is tendered to the insurer.
3. How much does State Farm pay for pain and suffering?
The amount that State Farm pays for pain and suffering can vary depending on a number of factors, such as the severity of injuries sustained, the extent of medical treatment required, and the overall impact that the accident has had on the victim’s life. The adjuster will consider things like medical records documenting injuries sustained in the accident, reports from medical professionals regarding ongoing treatment needs, and statements from the victim or policyholder describing their experience following the accident.
In general, pain and suffering damages are intended to compensate individuals for any physical or emotional distress caused by an accident. This may include compensation for things like chronic pain, anxiety or depression, loss of enjoyment of life, and other non-economic damages. However, the goal of any settlement is to make the victim whole again (or in the same condition they were in before the accident).
Ultimately, there is no set formula for calculating pain and suffering damages in a State Farm claim. However, policyholders can work with their assigned claims adjuster to negotiate fair compensation based on their individual circumstances.
Are You Unable To Fairly Settle Your Claim With State Farm?
If you are unable to settle with State Farm or they are giving you a lowball offer, then a good idea is to talk with a Car Accident Lawyer that has spent years evaluating car accident facts, applying the law, and effectively asking juries to render a favorable verdict.
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