How to Win State Farm Car Accident Claims

Lawyer Helping Auto Accident Victims with State Farm Injury Claims and Settlements

Are You Worried That State Farm May Take Advantage of You After a Motor Vehicle Crash? Learn How to Give Yourself the Best Chance to Get a Car Accident Settlement with State Farm that Pays for Your Medical Care, Wage Loss, Permanent Disability, and Pain and Suffering.

“Like a Good Neighbor, State Farm is There.”

There is a good chance you have heard State Farm’s jingle. Each year the insurance company spends hundreds of millions of dollars on advertising, including television commercials broadcast across the country.

This marketing strategy works. Ranked 36th on the list of Fortune 500 companies, State Farm is the largest auto insurance company in the United States, and has been since the 1940s. It writes more than 43 million car insurance policies and handles close to 36,000 insurance claims each day.

State Farm’s marketing success extends to Virginia, where it insures many vehicles and handles many accident and injury claims. State Farm is the second largest car insurance company in the state, collecting roughly 16% of all private passenger auto insurance premiums paid. In 2018 alone it received approximately $918 million in premiums from Virginia drivers. Only GEICO, owned by Berkshire Hathaway, received more premiums and has a larger market share of the private passenger auto insurance market in Virginia.

Unfortunately many car crash victims find out that State Farm’s commercials do not depict reality. Rather than taking care of accident victims’ financial and medical needs, State Farm often focuses on doing whatever it can to keep its profits – more than $8 billion in 2018 – as high as possible.

The best way for State Farm to keep its profits high is to keep its payouts to auto accident victims as low as possible. That means that when you make a State Farm Accident Claim, the company and its car insurance claim adjuster will look for ways to pays as little of your damages and costs as possible – even when they know that you are suffering physically and mentally and your family is suffering financially. This strategy, common among auto and workers comp insurance companies, is called the “3 D’s: Delay, Deny, Defend.”

State Farm has even been accused of using unlawful tactics to pay accident victims as little as possible. For example:

• State Farm paid $100 million to settle claims brought by policyholders that suffered damages in the Northridge Earthquake and that alleged State Farm changed their insurance policies without notice.

• In 2018 State Farm agreed to pay $250 million to settle a case in which it was accused of violating the Racketeer Influenced and Corrupt Organizations Act (RICO) by secretly funneling money to a judge’s election campaign. That judge played a role in overturning a billion dollar judgement against State Farm.

• In 2016 the U.S. Supreme Court upheld a jury verdict finding that State Farm defrauded the federal government after Hurricane Katrina.

In addition, the Virginia State Corporation Commission Bureau of Insurance, the state agency that governs insurance company conduct, completed an investigation and Market Conduct Examination Report of State Farm in 2014. A copy of the report is found here. The State Corporation Commission found several violations of the Virginia Code and made numerous recommendations.

Fortunately you do not have to take on State Farm alone. I can handle your insurance claim and help you get every penny that State Farm owes you while you focus on healing.

The purpose of this article is to discuss what you can expect when you are dealing with State Farm after a motor vehicle accident or injury. And to give you tips to protect your legal rights. I hope you use these tips to resolve your claim and to make State Farm pay a fair settlement amount for your injuries and damages after a car crash.

If you have any questions about your claim against State Farm, or are looking for a top-rated car accident lawyer in Virginia, call me for a free consultation: 804-251-1620 or 757-810-5614. I help motor vehicle crash victims in Richmond, Chesterfield, Roanoke, Charlottesville, Bristol, Harrisonburg, Winchester, Fredericksburg, Fairfax, Manassas, Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton, and Williamsburg take on State Farm – and win.

What To Do and Not Do After A Motor Vehicle Accident: Avoiding Common Mistakes that Affect the Value of Your State Farm Insurance Claim

In the minutes, hours, and days after a car accident, you may feel disoriented or confused about the auto insurance claim process. But what you do and say during this period can have lasting consequences.

Here are some steps you can take to protect yourself from mistakes that State Farm can use against you to lower your claim’s value:

• Call the Police – Make sure you get a police crash report. Even if your accident is a minor fender bender. This report can help you prove liability if State Farm argues that you caused the crash.

• Take Pictures- If you are able to, take pictures of your vehicle, the other vehicle, the accident scene, your injuries (swelling, bruising, etc.), and any other items that are related to your accident. These photos can help you establish fault if there is a question. They can also help you persuade the jury to award fair damages for your injuries if you go to trial instead of settling.

• Get Medical Care- It is important that you seek medical care immediately after the accident if you are hurt, even if you think your injuries are minor. Delaying care will weaken your claim by allowing the insurance company to argue that your injuries were not severe. It is also important that you only get the medical care you need. Some attorneys encourage injured people to get medical treatment they do not need, thinking that it will increase the value of the claim. Though doing so results in higher medical bills, it also results in higher personal injury liens that you will have to negotiate down to net more money. Further, State Farm and other auto insurance companies may refuse to consider unnecessary medical care, or may reduce the amount charged by your health care providers to the “reasonable and customary” amount, when valuing your claim and offering a settlement.

• Notify Your Insurance Agent Immediately- Even if your accident was minor, or the other driver was at fault, notify your insurance agent or auto insurance carrier. I recommend doing so verbally, and in writing. A written report close in time to the crash is helpful if the at fault driver changes their story and blames you for the wreck.

• Notify the At Fault Driver’s Insurance Agent or Company Immediately- You should not only tell your insurance company about the crash but also the other driver’s insurance carrier. That is why you should get the at fault driver’s insurance information at the accident scene.

• Do Not Give a Recorded Statement to the Auto Claim Adjuster- Many insurance adjusters will tell you that you must provide a recorded statement before they can process your claim. This is not true in bodily injury claims. And you should not give one. Recorded statements can actually cause you more issues or be used against you in a trial. You may make mistakes or assumptions when giving the statement that will allow the State Farm claim adjuster to question your honesty and credibility. The only situation where you may be required to give a recorded statement is when you are seeking monetary damages through your own insurance policy. For example, you may have to give a recorded statement when you have a first party claim through your uninsured or underinsured motorist policy. Just make sure you have an attorney with you when giving this statement.

• Do Not Sign a Medical Authorization Form- The insurance company may offer to get your records and bills for you to “make it easier” for you. Unfortunately, this gives them the ability to rummage through all your medical history. Previous injuries or medical conditions can be used against you to attempt to make your injuries less than they are. You should collect all your bills and lost wages and send them to the insurance company yourself. They should only have the information that pertains to your accident. For more information, read my article: Do I Have to Sign a Medical Records Release Form?

• Do Not Sign Any Documents from the Insurance Company- State Farm may ask you to sign a Medical Authorization, sworn statement, or other document, such as a settlement or release. Do not sign anything without speaking with an attorney first.

• Do Not Admit Fault or Give Your Opinion on the Accident’s Cause- The only person you should discuss these questions with is your attorney. Virginia is one of just a few states that follow the contributory negligence doctrine. If you contributed to the crash, even just a little bit, then you may forfeit your right to monetary damages.

• Make Notes About the Accident- Keep a journal in the days and months following the accident. In the journal write down the driving conditions at the time of the wreck (weather, traffic, witnesses, odd behaviors by the other driver) and your symptoms.

The best method for avoiding mistakes is to speak with an attorney soon after the accident.

How Do I Know if I Have a State Farm Auto Accident Claim?

In this article I discuss two types of claims you may have against State Farm after a car wreck: a bodily injury claim and a property damage claim.

To determine whether you have either type of claim against State Farm, you must first understand the different types of coverage offered through auto insurance policies in Virginia. They are:

• Bodily Injury Liability Insurance: This coverage protects you against claims filed by other people who are hurt in an accident for which you were at fault.

• Collision Insurance: This coverage pays to repair or replace your vehicle if it is damaged in a crash.

• Property Damage Liability Insurance: This coverage pays for damage you cause to another person’s property in an auto accident.

• Underinsured Motorist Insurance: This coverage pays for damages when the at fault driver has insurance, but not enough to pay for all your damages.

• Uninsured Motorist Insurance: Uninsured motorist coverage pays for damages you suffer in an auto accident when the driver who was at fault does not have insurance.

The amount you may receive under each of these types of coverage depends on the insurance policy limits for that coverage.

There are two situations where you may have a claim against State Farm after a motor vehicle crash:

1. When the Other Driver is At Fault and Has Car Insurance Through State Farm

If another driver’s negligence causes the crash, and that driver has coverage for property damage or a bodily injury liability insurance policy with State Farm, then you can file a claim with State Farm.

You can use the property damage coverage and bodily injury liability policy to pay for accident-related property damage, wage loss, medical expenses, and pain and suffering.

2. When the Other Driver is At Fault But Either Does Not Have Car Insurance or Does Not Have Enough Car Insurance, And You Are Insured by State Farm

Virginia is one of just a few states where car insurance is not mandatory. It is possible that the driver that causes your accident may not have auto insurance. Or the at fault driver may have insurance, but not enough.

If you have uninsured/underinsured motorist coverage with State Farm and are injured by an uninsured driver or by a driver who does not have enough insurance to cover all of your damages, then you can file an uninsured or underinsured motorist claim with your own auto insurer, State Farm.

There are additional procedural requirements you must follow to prosecute your uninsured or underinsured motorist claim against State Farm and to collect all the money you are owed.

How Do I File an Accident Claim with State Farm?

There are several ways to file a claim with State Farm after a car crash or truck accident.

When State Farm is Your Auto Insurance Provider

If State Farm is your auto insurance company, you can file a claim by:

• Telephone: Call 1-800-SF-CLAIM (1-800-732-5246).

• Mobile App: State Farm has a mobile app that allows you to file a claim from your phone.

• Contacting your State Farm insurance agent and asking for instructions on how to get the claims process started.

• Visiting the State Farm Auto Claims website and following the instructions. You will need to create an online account if you haven’t done so already.

When State Farm is Not Your Auto Insurance Provider, But Does Insure the Negligent Driver That Caused the Accident and Injuries

If you were hurt in a motor vehicle accident that was not your fault and the negligent driver’s insurance company is State Farm, you must file a claim against that driver with State Farm. You should contact State Farm directly, both by phone and in writing.

You cannot count on State Farm to contact you directly, even if the at fault driver told State Farm about the accident.

What Information Do I Need When Filing an Insurance Claim with State Farm?

When you file a claim with State Farm after a motor vehicle collision, make sure you have the following information and documents:

• Your auto insurance policy number, even if you are not insured by State Farm.

• The name and insurance policy number of the at-fault driver.

• A copy of the police crash report from the accident. If you do not have a copy, either you or your attorney can request a copy from the police department directly.

• The name and contact information for any passengers that were involved in the auto accident, whether they were hurt or not.

• The name and contact information for all witnesses to the accident.

• Pictures of the damage to all vehicles involved in the crash.

• Pictures of the accident scene.

• Pictures of your injuries.

• Copies of medical records showing the treatment you received after the accident.

What is the Process for State Farm Bodily Injury and Property Damage Claims?

Though both are based on negligence and tort law, there are key differences between State Farm bodily injury and property damage claims.

Let’s take a look at each.

Process for State Farm Property Damage Claims

If you are in a car wreck that causes property damage, but no injuries, then the State Farm Car Accident Claim process is straight forward usually.

After receiving your property damage claim, State Farm will review the details to determine if the accident is covered under the applicable insurance policy.

State Farm will call or email you if it needs additional information, to explain its decision, and to discuss the next steps if your accident is covered.

If the crash is covered, then State Farm will provide you with estimate and repair options. Usually this is a list of auto body and mechanic shops that State Farm has a relationship with.

After you pick an auto body shop, either you or a tow truck company will take your vehicle to that location. There, either a mechanic or a claims adjuster trained in estimating vehicle damage will examine your car. The mechanic will determine the amount of the repairs and report this to State Farm. Often State Farm will pay for the repairs without much need for negotiation

In my experience vehicle property damage claims are processed quickly and without much difficulty. Many insurers, including State Farm, have claims adjusters that handle nothing but property damage claims. This is considered the most simple type of claim to adjust, mostly because the policy limits and payouts are capped.

If, however, your car is totaled or beyond repair, then you and State Farm may disagree on the fair value of your vehicle. You may need an attorney familiar with property damage claims and the legal standards used in Virginia to get the money you’re owed.

Process for State Farm Property Bodily Injury Claims

If you are hurt in the crash, your State Farm claim can get a lot more complicated. 

After you file your initial accident report and claim with the at-fault driver’s insurance company, State Farm will assign your case to a claim adjuster that handles bodily injury claims.

That adjuster, whom works for State Farm, will review the details of your claim, and may interview witnesses, request medical records, and ask you to give a recorded statement as part of the fact investigation. I recommend consulting with a lawyer with experience handling State Farm claims before turning over any of the information requested by the claim adjuster.

Eventually State Farm’s adjuster will decide whether to accept or deny your claim. What that means is that State Farm’s adjuster has determined that its driver was at fault and is, therefore, liable for your injuries and damages. But there will likely be disagreement over how much money you deserve for your damages, which I discuss below.

If State Farm denies your claim, then you will need to file a lawsuit in state or federal court.

If State Farm accepts liability, it will make a settlement offer. Later in the article I discuss State Farm’s methods to calculate the amount of a settlement. But generally the State Farm offer is based on the amount of damage to your vehicle, the amount of time missed from work, your medical bills, and the terms of the insurance policy.

You do not have to accept State Farm’s first settlement offer. In fact, I recommend you don’t. And instead call a Virginia personal injury lawyer with experience handling State Farm claims.

From there, you will negotiate with State Farm over the value of your car crash claim.

If you and State Farm agree to a fair settlement amount, then State Farm will send you a contract to sign. This document is called a Release. After you sign and return it, State Farm will mail the settlement check.

If you cannot reach a fair agreement with State Farm, then you must file a lawsuit within the statute of limitations for personal injury claims, which is two years from the date of the accident. After filing a civil action, you can continue negotiating with State Farm. But if you do not receive a fair settlement, then you must be prepared to go to trial.

Unlike some other insurance companies, State Farm is prepared to take your case to trial if you do not accept its offer. State Farm will have legal representation, a team of attorneys prepared to use any legal action possible to keep from paying you what you deserve. They will comb through every conversation you had with any of their representatives to find inconsistencies or mistakes that you made and use them against you. They may also use the discovery process, including interrogatories, requests for production of documents, requests for admissions, depositions, and compulsory medical examinations, to develop evidence against you.

The biggest mistake you can make is going through this process without legal representation. Without the right knowledge and representation, you may make fatal mistakes. Don’t make mistakes. Hire an attorney for your State Farm injury claim.  

Who Do I Contact for Information About My Pending State Farm Claim? State Farm Accident Claims Phone Number and Address in Virginia.

Claim adjusters in the State Farm Operations Center in Charlottesville, Virginia handle many auto accident claims in Virginia, Maryland, D.C., North Carolina, West Virginia, and Delaware. This office is located at:

1500 State Farm Boulevard

Charlottesville, VA 22909

Its telephone number is 434-872-5000.

If you are located elsewhere, or are looking for more general information, try contacting the State Farm Claim Department in one of the following ways:

Toll-Free Phone Number: 1-800-782-8332. You can call this number 24 hours a day, 7 days per week.

Company Website: https://www.statefarm.com/claims/resources

Email: statefarmclaims@statefarm.com

Twitter: @StateFarm

Mail to Corporate Headquarters:

State Farm Insurance
One State Farm Plaza
Bloomington, IL 61710

Make sure you have your claim number when you contact State Farm. This is how State Farm tracks your claim internally.

How Much Does State Farm Pay for Personal Injury? Understanding How State Farm Determines a Settlement Amount for Your Car Accident Claim.

Like other insurance companies, State Farm uses a computer software program to manage personal injury claims and calculate the settlement amount it will offer you after an auto accident. 

State Farm’s claim evaluation software is called TEACH. Like the more than 50 different software programs in use by insurance companies and third party administrators, TEACH uses many different value drivers to determine a “fair” settlement amount. 

Here is how it works.

The claim adjuster inputs many different factors into the computer program. These factors include:

• Your injuries and diagnosis

• The medical treatment you have received so far.

• What future medical care is recommended.

• Your level of permanent disability, using a permanent impairment rating based on the AMA Guides.

• The pain you experience while doing activities of daily living, such as household chores and tasks. Many programs call these factors “duties under duress.”

• Loss of enjoyment of life.

• Whether you have a lawyer. Studies show that having an attorney increases the amount of money you receive after a motor vehicle crash.

• Your lawyer’s record of success.

• The jurisdiction where you were hurt. Some cities and counties are known as conservative, meaning they return lower jury verdicts. While other jurisdictions are considered plaintiff friendly with larger jury verdicts.

• Past wage loss

• Future wage loss

Then TEACH turns out a settlement figure. And, in most cases, the State Farm claim adjuster makes an opening settlement offer that is just a fraction of that amount.

Tips for Getting the Best Personal Injury Settlement from State Farm

In my experience the computer programs used by auto insurance companies undervalue almost every category of damages and calculate settlement offers that are too low.

When that happens, use these tips to increase the settlement amount that State Farm is offering:

• Do not discuss settlement until you have reached maximum medical improvement (MMI) for your injuries. Some insurance companies, including State Farm, make quick settlement offers soon after the crash. Do not accept an offer until you know the full extent of your injuries, limitations, and necessary medical treatment. For example, you may treat conservatively for a back injury such as a herniated disc, only to find out months later that you need a lumbar fusion. If you have already accepted a settlement, then you cannot ask for more money after finding out that your injuries are more serious than first thought.

• File a lawsuit in circuit court. In my experience the settlement offers in State Farm cases in Virginia increase after filing a civil action. There are a few possible reasons for this. First, after you file suit your case is referred to an attorney. Some attorneys, especially in-house staff counsel, are easier to work with than claim adjusters because those attorneys know they are the ones who will have to try the case in front of a jury. Second, by filing suit you show that you are not afraid to take the case to trial. And third, if you manage the litigation process effectively you can show the strengths of your case to State Farm and it will take a more critical look at its own case.

How Long Does It Take to Get a Settlement Check from State Farm?

If you settle your case, or win at trial, State Farm will issue a settlement or judgment award check within two weeks in most cases.

The check will go to your lawyer, whom is responsible for paying off debts and liens to medical providers. After those amounts are deducted, as well as the attorney fee and costs, you will receive what is left of the recovery.

How Can an Attorney Help with My State Farm Auto Accident Claim?

After you are injured in a car accident, the goal is to get you back to where you were before the accident or as close to it as possible.

When another person is responsible for your accident, it is their responsibility to help you get back to where you were before the accident. State Farm provides insurance to these drivers to cover the costs of this process. Unfortunately, it can be difficult to get State Farm to pay a fair settlement.

I understand this process. And what you can expect from State Farm after your car crash. Let me help you protect your rights, prosecute your claim with State Farm, and put as much money as possible into your pocket after the crash.

When you hire me as the lawyer for your State Farm Accident Claim I will:

• Educate You on the Personal Injury Claim Process.

• Talk to State Farm- You have enough to worry about after the wreck. Let me deal with State Farm directly.

• Gather Helpful Documents and Evidence- I know what evidence you need to maximize the value of your State Farm claim. I will help you get this information, which includes medical records, physician opinion letters, expert witness reports, accident witness statements, medical bills, police crash reports, and earnings documents, and present it in a way that increases the likelihood of a fair settlement.

• Analyze Insurance Policies- I will review all available insurance policies to determine what coverage is available so that you can maximize your recovery.

• Analyze the Legal Issues.

• Analyze Your Health Insurance Plans to Determine Whether You Have to Repay Your Health Insurer or Medical Providers. And if you do, negotiate lower liens so that you pocket more cash.

• Calculate a fair settlement range for your personal injury claim.

• Negotiate with State Farm- The negotiation process with State Farm is often long and complicated. It can take months, or even years. Many people going it alone make mistakes that cost them thousands of dollars or more. I’ll help you avoid these mistakes and negotiate a top dollar motor vehicle accident settlement with State Farm.

• Take the deposition of the defendant driver and other witnesses.

• Use discovery to build your case and find weaknesses in State Farm’s defenses to your claim.

• Represent You in Court- If you need to go to trial to get a fair amount for your damages, I will prepare you and your witnesses for court, and present your case effectively.

• Determine Whether You Have Other Legal Remedies Available– Many of my clients are hurt in motor vehicle crashes while working or injured by defective products found on construction sites and in factories. If this happened to you, then you may have not only a third party claim under tort law, but also a claim under workers compensation law. Further, you may qualify for Social Security Disability or Long Term Disability if you suffer a catastrophic injury, such as traumatic brain injury, whiplash resulting in a head injury and post concussion syndrome, amputation, burn injuries, or spinal cord injuries.

Hire a Top-Rated Virginia Injury Lawyer for Your State Farm Car Crash Claim

You can recover fair compensation for your State Farm Insurance Claim, but you may need high quality legal representation to get it.

If you are looking for a lawyer for your State Farm Accident Claim in Virginia, I am here to help.

I handle car crash claims involving State Farm throughout Virginia. And I will work to get every dollar you deserve.

Come see why other attorneys and past clients have voted me one of the best personal injury attorneys in the state. Call now: 804-251-1620 or 757-810-5614.