Insurance pro's - question about State Farm's complex claim unit?

Question

On June 24th a vehicle plowed through my yard doing $7000 damage. State Farm is the insurer. I filed a claim, State Farm "attempted" to reach their insured and has had no response. They will not pay the claim until they can "determine liability" by speaking to the owner of the truck. The damage is documented by way of photos, police reports, witnesses, etc and I don't give two shiits what the owner says. His truck busted up my yard.

My question is - when I filed the claim, I asked State Farm if they would be sending out someone to look at the damage, and if I had to leave the burned out grass, sheared off trees, shrubs, busted up rock planters, etc. as they were. They said no, to get 2 estimates, submit them, & I could pay for the work to be done and they would reimburse me. I went ahead and paid for the work.

Does anyone have knowledge of the complex claim unit and how they work and a time frame for "determining liability".State Farm's feeling shady & I want my money back.

Answer 1

Most insurance companies will not use Choicepoint to determine rates at renewals, and if yours does then you may want to consider switching companies.  Most companies will only look at their own claims historym, and if they see that they subrogatted the costs of the loss, they should not raise your premiums at renewal.  Also, if your HO insurance company would raise your rates for a claim you submitted which they later subrogatted and got reimbursed for, you should consider switching companies.  

If State Farm has still not been able to contact their insured after 30 days, they will typically then determine liability based off of the police reports and witness statements that they have been able to obtain at that point.  

You have to keep in mind that State Farm's priority it to protect their client.  If this means that you have to wait two extra weeks, then so be it.  They have no obligation to assist you until liability has been determined, which is not always a speedy process (although in this case it seems pretty clear cut).  State Farm has to protect itself and it's clients, but I'm sure that if you're patient you will be fully reimbursed.  Just let the process play out.

Answer 2

State Farm is not YOUR insurer.  They have NO duty of good faith towards you - only to their insured.  

They are under NO time limit.  

You, however, have up to the statute of limitations, in your state, to file a lawsuit for damages.  Once that time limit expires, they don't pay you, AT ALL.  

My recommendation, is to file the claim under YOUR homeowners policy, and let THEM try to collect from the other driver.   That will force State Farm into responding.  

Keep in mind, it's also possible that the driver, is NOT an insured driver under that State Farm policy.  State Farm would NOT be able to tell you that, due to privacy laws.  So their insurance might not pay, AT ALL.

The alternative, to filing a claim under YOUR homeowners,  is to take photos, repair, and sue the driver and the owner of the vehicle, in court.   YOU can't make STATE FARM pay a dime, unless a judge says they have to.  That's not a State Farm issue, either, that's just the way liability works.