allfiredup
Member
What is the name of your state (only U.S. law)? Georgia
In July 2010, my mother was involved in an accident while driving my car. She was rear-ended while stopped at a traffic light and forced into the rear-end of the car stopped in front of her. The impact into the rear of the vehicle in front was severe enough to cause the driver’s side airbag to deploy.
The 20-year old who rear-ended my mom was determined to be at fault. She was also observed talking on her cell phone by two witnesses and, ultimately, her phone records were subpoenaed and confirmed it. She made no attempt to slow prior to the collision either.
The at-fault driver’s insurance company ultimately paid up to the full limits of liability for bodily injury to my mom. Originally, she only wanted reimbursement for actual medical expenses and directly related costs, but State Farm was impossible to deal with. She finally had no choice but to hire an attorney to handle her claim.
I clearly expected SF to determine my car a total loss. It was worth about $11k at most at that time. I asked them for $10,500 and they refused. They insisted on repairing it instead. I specifically chose a body shop that isn’t a DRP/Preferred State Farm shop. The body shop only used OEM parts and, after 39 days in a rental car, my car was finally repaired at a cost of more than $12k! The rental car bill was around $1300 at their contracted rate, so it cost them well over $13k!
I had the car appraised by a reputable, licensed appraiser immediately after I got it back. I also had the selling dealer and one other dealership give me a trade-in quote for it. Obviously, with the history of damage, extent of repairs and the airbag deployment, the car has suffered a loss in value. I submitted a conservative claim for $2600 to State Farm for Diminished Value and they sent a check for $171.09 instead!!!
I fought back and forth with them for almost a year, then my grandmother was diagnosed with cancer. My sister and I both took a leave of absence from our jobs to car for her....and after her death; dealing with her estate was much more pressing. I dropped the ball, just as they hoped I would, but intended to resume my claim in the near future.
It has now been almost three years, but the statute of limitations in Georgia is four years for this type of case. I plan to send State Farm a new demand letter and, if they fail to pay to my original DV claim of $2600, I will file suit in Small Claims Court. I will also add any additional expenses (legal fees, mileage, appraisal expenses, etc.) that I possibly can to the $2600!
The state-licensed appraiser who did the original after-collision inspection and appraisal will appear an expert witness. I also have at least one used car manager from a local dealer willing to do the same. In addition to that, I earned my P&C license two years ago and am an Independent Agent, for what it’s worth.
I’m planning to follow through all the way to filing the case and appearing in court, if they choose to push it that far. If they refuse to settle and we go to court, I’d just like to know what would be expected of me other than producing my two expert witnesses, the repair bills and damage photos and the DV appraisal.
In July 2010, my mother was involved in an accident while driving my car. She was rear-ended while stopped at a traffic light and forced into the rear-end of the car stopped in front of her. The impact into the rear of the vehicle in front was severe enough to cause the driver’s side airbag to deploy.
The 20-year old who rear-ended my mom was determined to be at fault. She was also observed talking on her cell phone by two witnesses and, ultimately, her phone records were subpoenaed and confirmed it. She made no attempt to slow prior to the collision either.
The at-fault driver’s insurance company ultimately paid up to the full limits of liability for bodily injury to my mom. Originally, she only wanted reimbursement for actual medical expenses and directly related costs, but State Farm was impossible to deal with. She finally had no choice but to hire an attorney to handle her claim.
I clearly expected SF to determine my car a total loss. It was worth about $11k at most at that time. I asked them for $10,500 and they refused. They insisted on repairing it instead. I specifically chose a body shop that isn’t a DRP/Preferred State Farm shop. The body shop only used OEM parts and, after 39 days in a rental car, my car was finally repaired at a cost of more than $12k! The rental car bill was around $1300 at their contracted rate, so it cost them well over $13k!
I had the car appraised by a reputable, licensed appraiser immediately after I got it back. I also had the selling dealer and one other dealership give me a trade-in quote for it. Obviously, with the history of damage, extent of repairs and the airbag deployment, the car has suffered a loss in value. I submitted a conservative claim for $2600 to State Farm for Diminished Value and they sent a check for $171.09 instead!!!
I fought back and forth with them for almost a year, then my grandmother was diagnosed with cancer. My sister and I both took a leave of absence from our jobs to car for her....and after her death; dealing with her estate was much more pressing. I dropped the ball, just as they hoped I would, but intended to resume my claim in the near future.
It has now been almost three years, but the statute of limitations in Georgia is four years for this type of case. I plan to send State Farm a new demand letter and, if they fail to pay to my original DV claim of $2600, I will file suit in Small Claims Court. I will also add any additional expenses (legal fees, mileage, appraisal expenses, etc.) that I possibly can to the $2600!
The state-licensed appraiser who did the original after-collision inspection and appraisal will appear an expert witness. I also have at least one used car manager from a local dealer willing to do the same. In addition to that, I earned my P&C license two years ago and am an Independent Agent, for what it’s worth.
I’m planning to follow through all the way to filing the case and appearing in court, if they choose to push it that far. If they refuse to settle and we go to court, I’d just like to know what would be expected of me other than producing my two expert witnesses, the repair bills and damage photos and the DV appraisal.
