State Farm claims adjuster will not bargain- What do I do?

This often happens when you don't have an attorney. They know you cannot file suit by yourself, so they are refusing to pay what the case is worth. Sometimes though you may not really understand what a case is worth is your area. I would recommend that you talk to an attorney before you do anything.

You describe a fairly common scenario in dealing with an insurance claims adjuster. They usually will not provide an unrepresented party with fair compensation. They know that they simply do not have to. You really haven't asked a question, and haven't provided any details of the amount of your demand, the dollar value of your medical bills, or your injuries. No one can tell you whether the offer you are getting is fair or not without significantly more information. That being said, you will usually get more in your pocket with an attorney than without. For example, you seem to indicate that they are making an offer that covers your medicals and wage loss. Is that your out-of-pocket medical expense? If so, then the offer is almost certainly too low. Also, an injury with a verifiable fracture usually has a value greater than, for example, a whiplash or soft-tissue injury.

This is normal. Further, there is no telling what you have said in your 5 page statement to State Farm that will certainly be used against you. I consistently fail to understand why people insist on short changing themselves by doing this sort of work themselves. SF will not change its offer-at most they may throw in a couple of hundred dollars extra but that will be about it. If you want to have at least a chance of getting a fair and reasonable amount of compensation for your injuries, you must contact a personal injury attorney immediately and stop talking to SF. Provide your attorney with everything that you have written to SF and have him or her review it and see whether you have damaged your case. if not, let him or her take the matter forward. You do not stand a chance against an adjuster who is trained and whose sole function is to shortchange injured parties and settle cases for short money. Initial case evaluations are free and we work on contingency basis--that is you don't pay any fees until we collect. Get a lawyer!!!

Insurance companies and fairness; I don't think so. Why do you think they tell you not to have a lawyer? Good luck.

You have three choices: 1. Accept the offer; or 2. File a lawsuit on your own; or 3. Hire an attorney to either re-negotiate your cliam and/or to file suit. There are no other options. www.galivanlaw.net

As my colleagues have pointed out so well, this is pretty much the precise reason why lawyers exist. Insurance companies know they can frustrate you, obfuscate, wear you down, make you crazy, and have you doubting yourself because THEY KNOW THE SYSTEM AND YOU DON'T. Much as I always tell people you don't want me fixing your toilet or wiring your electricity, performing your brain surgery, or removing your wisdom teeth, I don't think you want to handle your own insurance claim. Granted, you seem to have a good grasp of the issues, you've kep copies of documents, you seem informed of the general process, and you're still getting the runaround. Not at all uncommon. As a matter of fact, I give you credit for getting this far. Don't be too proud and don't be afraid to admit you cannot handle this yourself. Stephen L. Hoffman Law Office of Stephen L. Hoffman LLC Chicago, IL 773-944-9737 Email: [email protected] Website: www.hofflawyer.com Blog: www.hofflawyer.com/blog/

You have two choices: 1) Do it his way 2) Go to Court There is no way to make him explain his interpretation of what is fair, and no way to make him offer money that he doesn't want to offer. The only thing you can MAKE State Farm do is show up in court. They know fully well that you don't have the ability to do that, so your bargaining power is zero. That's why they won't budge. As the other attorneys have already told you, they are seldom willing to be fair to an unrepresented person for exactly that reason - you can't make them do anything. I am willing to assume that what they are offering you is unfair, however I have no way of knowing whether or not your settlement demand is within a fair range. The fact of the matter is, neither do you. What you want will most likely have nothing to do with what your case is worth. There is no law or solid rule to define what is a "fair" amount for pain & suffering. You are entitled to your opinion, and so are they. They can't make you ask for less that you want to ask for, and you can't make them offer more than they want to offer. The only method for resolving the situation is court. I encourage you to reexamine you reasoning for not wanting to go to court. You are going to have to either give up on wanting to get what is fair, or rethink your reluctance to go to court. You'll have to decide which is more important. One more thing: attempting to go to court with out the help of an experienced trial lawyer, knowing that State Farm has a large staff of highly experienced trial lawyers waiting for your suit to be filed, that would be a waste of time. Good Luck with your decision. Steven A. Sigmond Law Office of Steven A. Sigmond 345 N. Canal #1208 Chicago, IL 60606 phone: (312) 258-8188 email: [email protected]

You need to hire an attorney. Just because the carrier tells you the limits of the policy are $100,000, do not believe them. They may have written an Excess policy and are not mentioning that.

You've said you don't think the offer is enough, you don't want to go to court and you are skeptical of retaining an attorney. There is a reason that insurance industry statistics indicate that once an attorney is brought in, claim value increases. Last year I settled a claim brought to me by a do-it-yourselfer who couldn't get anywhere with an insurance company, and I settled it for three (3x) times what the do-it-yourselfer thought it was worth. There's also a reason why the good attorneys here at spent 3 years in law school, years climbing the ladder of success and experience, and most spend additional time in continuing legal education. We know stuff.

Nothing you described is unusual to us personal injury attorneys. State Farm is one of the reasons we are in business. You should have your situation professionally reviewed by a personal injury attorney who can tell you if what is being offered is fair or reasonable. Call a personal injury attorney for a free consultation. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

The insurance company isn't going to offer more without an attorney and your 5-pages may just sink your case. You know what they say about those who become their own attorneys.......

Don't be penny wise and pound foolish. A good attorney can get a heck of a lot more than you can get going alone. In the end that extra amount you get from hiring a good attorney more than pays for their fee. You wouldn't perform surgery on yourself. A person who is pro se has a fool for a client

You have to decide what you want. If you want more money then you will have to hire a lawyer and go to court. Otherwise you will have to setle for what they are offering you now.