via email

Our vehicle was alleged to have "nudged" another, resulting in a tiny pinhead sized scratch. Both occupants of our vehicle submitted sworn testimony that the vehicles never impacted, no corroborating evidence was present on our vehicle, and an official police report states that the cause of the scratch was "indeterminate". Site conditions make the claimant's version of events impossible, yet Farmers Insurance performed NO investigation prior to arbitrarily assigning fault to us. Farmers refused to consider an appeal based on evidence I had to collect myself, and when I complained to the Insurance Commission, my and and I were both verbally assaulted by the adjuster. Our complaint is still unresolved.

I'm guessing that there is much more to the situation then you posted. Example... why did you both stop and file a police report? In the least, it appears the other person states that there was an impact and has damage to his/her vehicle that is not clearly unrelated.

Keep in mind that an adjuster needs to consider _both_ sides of the story... not just their insureds. If they did not, they would never pay liability claims and their insured's would always get sued and have to spend time in court/mediatoins.

One problem with Farmers Insurance is that they hire adjusters with college degrees, not experience. That is, you could have 20 years expereicne handling claims and they will not hire you unless you have a Bachalors degree. What kind of person with a Bachalors degree is going to take a job that pays $30k/year? In additoin, they have no clue when it comes to handling a claim. Personally, I think this is a poor business model for a company to have.

farmer's doesn't do a complete investigation on their accidents. They do not talk to officers involved. Their insured was at fault, in doing a u-turn in front of me and they concluded that the accident was my fault. Their insured was on the shoulder of the road and had no blinker on, I started to go around and that's when she turned in front of me. She did not look in mirrors or out the window. She admitted to this to a uniformed police officer. And farmers still said it was my fault. The accident happened on May 19, 2006.

My insurance company is taking this to litagation.

Was anyone issued a citation in the accident? Have you seen a copy of the police report? If so, what did the officer write in the narrative section? What were the points of impact to the two vehicles?

Police officers are typically not contacted by the insurance companies. They write up hundreds of accidents and seldom recall the details about most of them. They also seldom return calls. For liability reasons they will usually only confirm what they wrote on the accident report.



Edited 1 time(s). Last edit at 05/31/2006 08:26AM by administrator.

To Administrator or Moderator,

Please post my email so Farmers may not make further victims like me. I may also need other victims' help to file the complaint to the proper regulatory agencies.

1. My SUV was rear-ended by the commercial delivery truck. The accident was also a “Hit and Run” case that is against the public interest. I had to chase the white Isuzu truck one whole block while making a horn.

2. I immediately reported Farmers with phones and emails. I stated that I “chased her white Isuzu truck one whole block” and “moved in the parking lot of Peninsula Transmission service, Tony & Pros Auto Repair.”

3. Farmers did nothing:

(A) Farmers had not even taken one photo. Even Farmers’ agent stated “Why Farmers did not have photos of the right side of the truck that hit the insured’s left rear bumper where there were damages.” [California Insurance Code §790.03 and its notes of decisions state that (1) Expectation of insured; (2) Duty of good faith.]

( Farmers did not get any statements from the potential witnesses, employees of “Peninsula Transmission service, Tony & Pros Auto Repairs.”

(C) Farmers did not obtain the other driver’s cellular-phone-communication-records when there was the other driver’s conspiracy, with her supervisor, to cover the “Hit-and-Run.”

(D) Farmers did not inform the insured that Farmers would not do anything for the insured so the insured could take the proper actions on time. [California Insurance Code §330 states that “Neglect to communicate that which a party knows, and ought to communicate, is concealment.”]

Consequently, the other driver’s insurance company immediately noticed that Farmers would not do anything for the insured. The other driver’s insurance company hired the professional “Paragon Subrogation Services” and argued only the bumper mismatches” in the arbitration proceeding. In fact, the other driver’s right-side-metal-panel hit the left corner of my rear bumper.


In sum, Farmers promised that its protection when there is an accident to the insured. But Farmers did not do anything for the insured. As a result, I had to pay for my medical and rental expenses. [California Civil Code §2772(3) states that “under California law, equitable indemnity applies . . “ and “Implied contractual indemnity between the indemnitor and the indemnitee can provide a basis for equitable indemnity. [BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (App. 4 Dist. 2004) 14 Cal.Rptr.3d 721, 119 Cal.App.4th 848]”]

California Business and Professions Code §475(3) states that “Commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another”. Farmers’ dishonesty saved Farmers’ costs while its insured was injured. Therefore, Farmers should lose its license in California. [§475. Denial of licenses]

If any one filed the complaint to the Insurance Commissioner against Farmers, please let me know. Then, we can have the starting “template” when filing the complaint to the Insurance Commissioner is necessary.

Thank you.
Rich