• Report: #1040968

Complaint Review: State Farm Insurance Company

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  • Submitted: Fri, April 05, 2013
  • Updated: Fri, April 05, 2013

  • Reported By: Tammy — Odessa Florida
State Farm Insurance Company
One State Farm Plaza Bloomington,IL 61710 Odessa, Florida United States of America

State Farm Insurance Company Stated Company accepted 100% liability and than refused to pay claim unless we gave them our truck Odessa, Florida

*REBUTTAL Individual responds: STATE FARM LOL

*Consumer Comment: How it worked for me...

*General Comment: How insurance works

*Consumer Comment: Here is how...

*Consumer Comment: Obviousloy you dont understand insurance issues such as this

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A teenager insured by State Farm hit our work truck while he was doing something with his cell phone. After getting statements from us and there driver State Farm said they accept 100% liability. Heres the kicker, they will only pay us if we give them our truck. Really how can that be!!!

State Farm claims that its the law. If the value of the damages are more than what State Farm saids the truck is worth than the truck must be totalled. So someone please explain to me how State Farm or anyone else can tell me what I can do with a truck that I own.

My insurance company said that I could sign a waiver of liability and that I should be able to keep my truck. That they do this everyday for people who want to keep there automobiles. So why is State Farm being so unreasonable? After repeated attempts to resolve this situation I had to hire an attorney for $1250.00 plus $600.00 in cost for filing fees.

State Farm is a joke for an insurance company. Beware if they are your insurance company. I had to sue the teenager and his parents. Whom I might add paid there insurance premiums to State Farm and are now being sued because State Farm will not pay this claim unless we give them our truck. Which will not ever happen.

This report was posted on Ripoff Report on 04/05/2013 11:13 AM and is a permanent record located here: http://www.ripoffreport.com/r/State-Farm-Insurance-Company/Odessa-Florida-/State-Farm-Insurance-Company-Stated-Company-accepted-100-liability-and-than-refused-to-p-1040968. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 4Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

STATE FARM LOL

AUTHOR: mad as hell.com - ()

IM DEALING WITH STATE FARM CURRENT AND MY TRUCK WAS STOLEN AND THEY SENT OUT AN PI TO INTERVIEW ME AND ASK QUESTIONS ABOUT MY PERSONAL LIFE WHICH I FEEL WAS UNCALL FOR, BUT ANYWAY AFTER THE INTERVIEW WAS OVER I RECIEVED A LETTER IN THE MAIL STATING THAT MY CLAIM WAS GONNA BE AT A HALT UNTIL I PROVIDE HIM WITH MY PERSONAL INFO LIKE BANK STATEMENTS, W2 FORMS, PHOTOS OF MY CAR, ANY INTERNET SEARCHES FOR THE YEAR OF 2013 OF ANY CAR INQURIES. DOES ANYONE FIND THAT STRANGE?

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#2 Consumer Comment

How it worked for me...

AUTHOR: Starvros - ()

First off I will state for the record I am not an expert on insurance regulations or rules. However I can share a related story. I had a vehicle stolen and recovered a few days later. The vehicle was partially stripped but overall no other damages other then minor scratches. The insurance company wanted to total it out and once they do they own it. I was told by some people you may be able to purchase it back but not sure if they have to do that.

I did not want the vehicle totaled out as I knew it could be fixed for around $7,000 and the vehicle was worth at least $13,000. I had to get a lawyer and then after a long time period the insurance company cut me a check to have the vehicle fixed. Thing is the lawyer owed me a favor and did this for no charge. I imagine it would have cost me a few thousand if I had to pay him.

Did you ask Allstate if they would agree to a price to sell you the vehicle back if totaled or perhaps work out a deal not to total it but settle for a price to repair? I would think that would work out better for them unless the vehicle in it's current condition is worth a lot to them even in the totaled condition. If so you will have a fight because the insurance company is always going to try to do what is best for them within the law first. I do know I have never heard of them totaling a vehicle and then letting anyone keep it for free.

Best of luck.
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#3 General Comment

How insurance works

AUTHOR: IamGood - ()

To begin with
#1.  A insurance company is bound by law to give you Either the fair market value of the truck (what you could expect to be able to sell the truck for), or the cost to repair the truck, WHAT EVER IS LESS.

#2.  It sounds like the cash value of your car was far less than the costs to repair the truck, so State Farm decided to total out the truck.  This IS perfectly legal.

#3. Your truck still has some residual value for scrap, or parts or what  ever, so State Farm decided they wanted your truck so they could sell it, and recoop some of the losses for giving  you the cash value of the truck.  This is also perfectly legal. 

#4.  When you decided to sue the family, and the teen ager that hit you, you are still going to be in the same boat.  A judgement will be rendered against that family for the CASH value of the truck.  The judge will give the family the option of taking possession of your truck, so they can recoop some of their monies they were ordered to pay to you.  I have a feeling you are going to come out the loser in this law suit in that the legal fees you will be paying  your attorney will exceed any gain you think you are going to have by getting to keep your truck. 

The judge could even ASSIGN a salvage value to your wrecked truck, and subtract it from the total judgement against the family, and you probably would not get enough money to replace the truck.
I doubt you will be able to collect legal fees against the family, as the family had  insurance, and the insurance company offered you a legit compensation package.

In conclusion, the Insurance company is basically "Buying" your truck from you for the CASH value of the truck, and if you decide not to accept it, then they dont have to pay.

I would accept the deal, and give the truck to them.  This truck is probably unrepairable, and if you fix the truck, you will be under obligation to get a new title sh owing the truck as having a SALVAGED title, thereby making the truck impossible to sell in the future.


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#4 Consumer Comment

Here is how...

AUTHOR: Robert - ()

When your car is "totalled", the insurance company will give you the value of your truck.  But the idea of insurance is to make you "whole", not come out ahead.  So if you kept the truck, you are technically ahead because the gave you the value of the truck AND you still have the truck which you could then technically sell.  So at the same time you get your settlement you are also "Selling" the car to them.  They then can turn around and sell it at the salvage value.  Yes this is totally legal..and yes it is done ALL of the time.

Your insurance company said you could sign a waiver of liability to keep your truck.  Well they didn't tell you the entire story.  Yes, if you sign the release you can keep your truck.  But they also won't give you the full settlement amount.  They will DEDUCT the Salvage Value of the truck from your Settlement.  If your insurance company says they don't do that, then they are either lying or they are not understanding the question you are asking them.

Now, as for suing the other party.  As some advise, I really don't know what your attorney is telling you, but you may be throwing away $1850 for something that is not going to get you any more money.   The only thing I could see is that you are suing them for repairing your truck, in which case you could get the repair cost and keep your truck.  But if the other party is smart they will claim that the values of the repairs exceed the value of the truck...just like the Insurance Company did.  If the Judge agrees with them, he may order them to pay you just the value of the truck, but since you are going to keep the truck he will deduct the "Salvage Value" from the judgement...just like the Insurance Company.

So for example.  If your truck was worth $5,000 and the Salvage Value is $500, the judge could issue you a Judgment for only $4,500 and you would get to keep the truck.

I really hope you post the Docket information for your suit so people can see what happened with it.
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#5 Consumer Comment

Obviousloy you dont understand insurance issues such as this

AUTHOR: Anon - ()

You obviously dont understand insurance - this is totally normal and the way it works.  When your vehicle is called  'totaled' - that is, when the cost to repair is a certain percentage of current value (or exceeds it) - they pay you what your loss is - and that loss is the value of the car.  You dont get to keep the vehicle after they pay you the current value of it - they turn around and sell it for salvage, w a salvage title.  The only negotiating you get to do is arguing w them over what is the current value - and they will almost always low-ball you on this.  Look on the web sites of edmunds etc to get mutiple estimates, make sure they include anything special that your vehicle had on it - lo mileage, extra options etc.  Waste of time and money suing them over normal procedure for any insurance company 
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