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How do we get the settlement we deserve?

Posted by Heather B. 
My husband was in a car accident in November. Farmers ruled that our car was totalled and that, because he was going 2 MPH over the speed limit, the accident was 10% our fault. We filed our claim through our own insurance company, who repaired our car and will be taking Farmers to court for the money. Tricare paid our medical bills and is now going after Farmers for their money. The accident was the fault of the other driver, who failed to yield right of way to my husband at an intersection; he was given a ticket, and my husband was cleared of all wrong-doing.

For two months my husband had to go to the doctor various times, and he experienced a lot of pain in his back, neck, and shoulders as well as headaches. He had to miss some work, stop participating in the military physical exercises, and was unable to pick up our child much at all. He was on several different medications, mostly pain killers, that affected his mood, putting a strain on our relationship. He was given an electronic device which administered electric shocks to his back that helped relieve the ain.

The Farmers claims adjuster has gone weeks without calling us, even when we have called her nearly every day. In fact, until Tricare contacted her about their compensation, I think she thought she was done with us. She now says his medical bills added up to $1733. I think that number is way too low, as he had several doctors visits, ER trips, medications, and even electronic equipment. I think she is lying, but we will find out. In any case, she offered a measly $500.

From what I've read, the average reasonable amount for 'pain and suffering' is 2-3 times the medical bills. That is what I feel he should receive, since he was in pain for almost three months and had to receive medical treatment for at least two months after the accident. I don't want $10,000 or some grand amount, but I would settle for about $3500. I think that would be fair for all of the crap he had to go through. I'd like to settle this WITHOUT an attorney, if possible, but she isn't making it easy but rarely calling us back or answering her phone. Does anyone have any advice for how I can make her raise her offer to something reasonable?

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Re: How do we get the settlement we deserve?
March 15, 2007 04:16PM
Hello Heather,

There are few things you can do.
1. File a complaint with your State Insurance Commissioner.
[www.farmersinsurancegroupsucks.com]

2. If you want to settle this without an attorney, your best bet is in small claims court. In many states you sue the insured (not the insurance company). Farmers Insurance will try and defend the insured but can't in small claims. They will probably provide a lot of documentation to help with their insureds case. Make sure to bring all the documentation you can to support your claim in small claims. This would include the police report, the medical bills, pictures of your husband injuries, pictures of the car, proof that he took time off due to his insuries and a pay slip to justify the amount he should be compensated for the time off etc. You will find more information about small claims here:
[www.farmersinsurancegroupsucks.com]

Farmers Insurance is counting on you to accept the low-ball offer. They are NOT counting on you to fight for what is rightfully yours. Prove them wrong.

The crazy thing about this is the insured has no idea that their credit score is going to be effected when you win your case. See
[www.farmersinsurancegroupsucks.com]

Farmers Insurance is the WORST when it comes to claims, see ratings
[www.jdpower.com]

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I had an at-fault accident on Wednesday, March 14, 2007, in my 2003 Chevy Cavalier LS Sport Coupe in Atlanta, GA. I picked up the car on Tuesday, April 10, 2007 from the Gerber Collision in Morrow, GA. The day I picked up my car from the body-shop, the moon roof jumped track when I tried to open it (later that evening). Being this happened after business hours; I could only leave a message for my broker stating that I needed to file a supplemental claim for the moon roof repair.

Per Farmer's request, I dropped the car off at the Gerber Collision on Friday, April 13th, so it could be taken to a near-by Chevy dealership, Terry Collin, for a "diagnosis". It was late Monday, April 16th, that I was advised by the body shop that the dealership was only able to provide an estimate for the repair costs and NOT ABLE to determine whether or not the "damages" to the moon roof could be accident related. Furthermore, I was advised that the Farmer's Insurance adjuster denied the claim, stating that because no part of my roof was damaged, it is highly unlikely that the moon roof malfunction can be deemed accident related.

I immediately contacted the adjuster, Raymond Wilder, to hear this myself. He reiterated his position on the moon roof, stating his decision, though based on the diagnosis provided by the dealership, was final. That because the moon roof motor was burned out and parts of the track were damaged, he fails to see how the damages can be accident related. I explained that the initial force of the impact jammed the left track causing the moon roof to literally rotate 15+ degrees when I tried to open it. I further explained that I had to force the moon roof shut after the fact due to pending rain. This obviously caused additional damage to the track mechanism and motor. Unfortunately, I had no choice BUT to do this for it was not only a matter of keeping the interior protected from the elements, but more so of a security precaution.

Inasmuch, Mr. Wilder advised that the damages to my vehicle were not severe. Mind you, the hood, bumper, left-headlight, driver's fender, and the driver's door mirror had to be replaced and the driver's door refinished. The final repair cost was just shy of $3,000.00. I expressed that he is doing a disservice to me for not returning my car to pre-accident condition. That prior to the collision, the moon roof was 100 percent functional.

As it stands to date, I am left with an inoperable and unsecured moon roof. My interior faces detrimental exposure to the elements, and I risk a vehicle break-in, vandalism and/or theft all because Farmer's refuses to execute good integrity and follow thru with its obligation to me, the customer.

I am thinking I may need an arbitrator or retain a lawyer. Any ideas as to how I can fight this and win??

Please contact me at craig85006@yahoo.com or 404.520.6030.

Thank you.

Craig Lambert
Atlanta, GA

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How did your case go? Did she ever call you back or did you have to go to small claims?

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Dont call adjusters if possible, if they are nearby go in there and ask for them face to face. Ive been working with idiot for 18 months now and if they dont return my calls I pay them a visit the next day. Then I document time off and bill them for it.

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Re: How do we get the settlement we deserve?
September 14, 2009 09:37PM
Heather,

The reason that the bills may seem low is that Farmers is only required to reimburse the insurance company what they paid the medical providers....and in most cases the insurance has pre agreed upon rates with medical providers that are lower that what the medical provider would try and bill if there was no insurance. As far a your general (pain and suffering) damages go....there is no hard and fast rule...other to say that about 6 months ago Farmers put into place a policy that states that adjusters can NOT go above the range that the computer program Claims Consultant gives them. So all your husbands bills are entered into the program, and the adjuster keeps the charges that they agree with and zeros out the ones they dont. The program totals everything and comes up with a general damages range. There are certain circumstances like pregnancy, being elderly, preexisting conditions that allow us to add on some more money....but management makes sure they are few and far between. So if your rep is not budging on their offer that is why. Hope this helps.....if you want some tips on how to get more money post your e-mail and I will get in touch with you.

Jane Doe (former Farmers rep.)

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I recently had a fire at my residence. I have been unsuccessful in recieving a settlement on any issues with my adjustor who declines damages if I can not prove damages with Professional inspection which I have to pay for ,if I can find them.Eventhough I have replacement cost and have been paying premiums for twelve years my cliams are denied or depreciated until I pay for them out of pocket. Most recently I was denied replacement for my bullet-proof vest,until I have a garment specialist exam. My adjustor has denied every claim or lowballed it completely. Is THere Annyone who can help

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I was rear ended 2010 and suffered back and neck pain after an hour. I didn't go to emergency room since I thought I was okey. I called my primary doctor next day after long night of severe headache. They prescribed pain killer and muscle relaxer, physical therapy,chiropractor care. I have headache everyday finally my doctor ordered x ray and mri. I have 3 bulging disc on my neck. I saw a surgeon and told me that I need a surgery but I need to go for discogram first. I research any side effects of discogram and I decided not go with it. After I talked to somebody that had a cervical surgery and failed the first one and the second surgery she lose her neck mobility. I'm a single mom and I can't take the risk of neck surgery so I did conservative healing like exercise and just icepack for the pain. I started getting better up to know and thank god for the right decision. I hired a lawyer but it didn't help me out to get a fair settlement to compensate me since I didn't go for surgery. Now my lawyer want me accept the low offer since he's scared to go to court. Insurance offer only cover at least half of my medical bill and lawyer fees. Not even a dime will in my pocket. Im so disappointed with my lawyer and the whole process. I gave up already if maybe I didn't hire a lawyer and did it by myself I could probably have a quarter or more in my pocket.

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This last October I was in my first car accident. I was cut off by a driver who did not check for oncoming traffic before taking a left and the last thing I remember was slamming on the breaks before phasing in on the ambulance and waking in the emergency room. At this point I was still recovering from a previous back surgery from June of the same year. My vehicle was totaled and farmers cut a check for just under $1600 even though I just bought it used less than a year before at $1400 and shortly after spent another $1000 to change out the engine with help from my then-girlfriend's father, but I can accept that.

At first, I thought I felt only a certain degree of extra pain and wasn't sure of the extent to which I was injured. About two weeks before the accident I had an MRI to see the progress of my recovery and to lay to rest fears that I had 're-injured myself, as I was still experiencing pain, which I now understand was completely normal, especially on the very low-dose of painkillers I had for my recovery; my neurosurgeon explained and showed me that the only abnormality in my spinal canal (L4-L5) was the presence of scar tissue from the surgery.

So for a couple months after the car accident I was experiencing more and more pain and difficulty walking despite my extra caution during movement. My pain management doctor seemed to think I was trying to score more medication when I complained about this extra pain until I finally asked for a new MRI when I had such difficulty walking that I began to need a wheelchair.

What this new MRI, the first since the accident, showed was that the disc at L4-L5 had herniated worse than prior to the first surgery, to the point where it almost completely pinched off my left sciatic nerve and impinged on the right, and the disc at L3-L4 was now bulging. Because of this, my neurosurgeon scheduled me for a second microdiscectomy to take place in February.

There where a few emergency room visits leading up to this date as my pain management doctor still refused to raise my dose and because my legs became so weak that my cane no longer supported me, and I ended up in a wheelchair until the day of the surgery.

It is now June. I have had the surgery, gotten a new pain doctor, and completed 6 weeks of physical therapy. I can once again walk without a cane and have started an unpaid apprenticeship at a tattoo shop, and even though I still have chronic lower back pain, it is tolerable. My medical expenses have come to $15,376.70 and while I was unemployed when I had the car accident, I was actively searching. I was actually out driving that day specifically to visit a local jobs centre no less, but I was not able to continue searching for work until just a month ago, now 7 months after this accident.

As I said before, this was my very first car accident, and so I am clueless as where to go from here. I have yet to give Farmer's a dollar value that I want for a settlement. I'm only 25 and all I want is my life back. I would be eternally gracious for any advice as to what I deserve and how I can get it...

-Mike

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How do I get pain and suffering settlement I deserve from Farmers insurance?

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My 15 year daughter was involved in an accidet and farmers wants to only give her 1500 for pain and suffering. That is a low ball considering she has been left traumatized.

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Could you email me a little more about farmers. I was just clipped in the rear end on the interstate totaling my truck and have pretty bad injuries. I have rainwater holten sexton on my case.

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Re: hit and run by a Farmers insured driver police found out who it was and. Cited him but farmers now won't answer my calls, they towed my truck to COPART lot and have changed claim numbers twice and I'm am dealing w/ the 6th different adjuster

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I had a car accident went to the hospital by ambulance had x-rays on my back which are negative even though i had back surgery 2 months prior still under doctor's care i was traumatized and taking phyc meds. What kind of payout can i expect for pain and suffering?

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I have a proven documented settlement dispute with Farmers. I have complained and appealed to Farmers and the State Insurance Commission with no success. They justify
their claim denial with false statements and now will not respond to calls or emails. The amount does not justify legal expense. Should I forget it?

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