State Farm is one of the biggest insurance companies in North America, so there’s a high likelihood that your car accident claim could involve them! If you have to file a claim for a car accident claim, there are many things that you should know before you pick up that phone, and before you start typing info into their forms. We’ve provided this handy guide to give you some up-front information, before you speak to their friendly claims personnel. A Fairfax, VA personal injury lawyer can help you understand your rights when dealing with State Farm and guide you through the claims process after a car accident.
1 – What You Should Know Before You File the State Farm Claim
As an initial matter, always remember this: even if they’re your car insurance, they are NOT doing what is best for you.They are doing what is best for them. No insurance company is in the business of paying claimants what they ask for, whether that person is the named insurance, a family member, or a third-party claimant. Their goal is two fold: to pay you as little money as possible, or to pay you nothing at all.
When speaking to any insurance company, always keep that in mind.
Also, it is vital to remember that for car accident claims in Virginia, Maryland, and Washington DC, anything you say can and will be used against you. This includes by your own car insurance company!
If you’re in any doubt, always call a lawyer before you talk to an insurance company, if you can. Lawyers are the only people who are ethically and legally obligated to do what is best for you (the client or potential client), not the insurance company.
2 – How to File the State Farm Claim
You can file a car accident claim in one of two primary ways:
- By Telephone: 844-292-8615
- By filling out the Online Form: https://www.statefarm.com/claims
- (Not recommended): By Mail, though without a claim number, your letter is certain to be returned:
State Farm Claims
PO Box 106710
Atlanta, Ga. 30348
When speaking to State Farm, you will be speaking to a Claims Representative. This is not an insurance adjuster. It is highly likely that the representative that you speak to will have no knowledge of the loss, or the law, or even the policy in question. Their job is not to adjudicate the claim (meaning they aren’t going to get into the merits). It is to take information down and pass it on to the Adjuster (who will be assigned later).
Don’t argue with them! First, it’s not nice. Second, it’s not necessary. These are call-takers, doing a thankless job.
BUT! Beware. They are very well trained to be sponges. Sponges, you ask? Yes. They let you talk and talk, and ask probing questions to get you to reveal as much information as possible. Everything you say to them is a) recorded, b) transcribed, and c) typed into the “claims history”, so that an Adjuster can find the information needed to attack the claim. Remember: they’re not fighting for you!
Being wary also means when typing information into that big scary form-fill. There will come a point where they want you to “tell us what happened.” Pro tip: be brief. Give them the information needed to open the claim. This is NOT the time to type everything. Simple, concise statements, like “State Farm insured rear ended my vehicle at a red light on Richmond Highway by the Walmart.” Clarification will come later.
3 – Dealing with a State Farm Claims Adjuster
Claims Adjusters are often friendly professionals when you talk to them on the phone. But did you ever stop to think why they are so friendly? Let’s analyze that (and this is by no means unique to State Farm).
Insurance adjusters are very, very well trained to be as friendly as possible, to catch you off guard. Remember they goal: to pay you as little money as possible. Keep in mind that the DMV is made up of states that practice contributory negligence law. f they can argue that you are even 1% responsible for the happening of the car accident, then you cannot recover. Doesn’t matter if the other driver was 90% at fault. If you were a little bit wrong, that’s all they need. So, the adjusters, like the claims representatives, are specifically trained to continually analyze the case for ways that they can attack it. They will use anything they can get, including your own words and statements, for that purpose.
It is also important to remember that Insurance Adjusters come in three separate types:
- Adjusters who handle unrepresented claimants: these adjusters will work hard to keep you unrepresented, up to and including offering you a little “go away money.” They have no obligation to tell you what the law is, or what your claim is worth. If you ask for $25,000 and your claim is worth $100,000, they certainly aren’t going to tell you. They’ll give you the $25,000.
- Adjusters who handle represented claimants: these adjusters are the ones that we (law firms and attorneys) deal with. They know they are dealing with client advocates, and won’t play so fast and loose with the rules. But some will. They know some law, but often times will still undervalue a case.
- Litigation Adjusters: these are the senior personnel who are assigned cases where a lawsuit is filed. They are trained on the law, and know what they cannot get away with (including the improper things by adjusters before, like “de-valuing” medical expenses. Sometimes, lawsuits have to be handled to trigger their involved to get a client fair-value for their car accident claim.
4 – Call a Lawyer As Soon As You Can
Many people believe that they can “solve it themselves”, or “do it cheaper.” Unfortunately, that is often not the case. People who try are often times taken advantage of by the insurance company.
To illustrate that, let us look at a recent potential client who had already had a bad day.
The client was rear ended at a stop sign. He went to Reston Hospital Center the next day, within 24-hours of the crash. He got quite a bit of imaging done in the form of CT-scans. He called the insurance company, State Farm in this case, who was only too happy to “help.” When he mentioned that he had to pay his co-pay and deductible, they offered to settle his case. He had to pay almost $5,000 of the hospital bill. They reimbursed him for that, and gave him another $4,000 or so for his “pain and suffering.”
A few months later he called us, and went over the case. We discovered that the $5,000 was only his deductible; the actual bill from the hospital alone was actually closer to $17,000! Well, that meant that his claim was worth at least $17,000 (and actually more, because there are also emergency room physicians and radiologists who bill separate from the hospital, itself). He had settled for only $9,000.
In this instance, the insurance adjusters have no obligation to tell the claimant about the “collateral source rule” (meaning who pays for the treatment is inadmissible). They didn’t have to tell him he was under-valuing his case.
Had this fellow called us, we would have run interference with the insurance company, and made sure his damages were properly documented. We would have gotten him a fair settlement – or we would have filed a lawsuit. We don’t dance to the insurance company’s beat. No good lawyer does.
The Bottom Line
If you have been hurt in a car accident that wasn’t your fault, then you are entitled to compensation. But that means that you need someone fighting for you, not only “seeming” to fight for you. State Farm isn’t unique or alone in their approach to handling claimants – they all do this.
You can fight back, and mostly importantly, fight for yourself! Call a Car Accident Lawyer at Blaszkow Legal, PLLC today who will take the fight to the insurance to get you what you deserve.
Call 1-877-JOE-WINS today!
DISCLAIMER – State Farm is a registered trademark and tradename of State Farm Mutual Automobile Insurance Company, based in Bloomington, Illinois. The foregoing article applies to automobile insurance claims within the DMV: Washington DC, Maryland, and Virginia. No matter where your claim occurred, however, you are advised to contact an attorney who serves your state immediately, before speaking to any insurance company.
