Farmer, Cline & Campbell, PLLC | July 2, 2024 | Personal Injury
State Farm is a large insurance company with a net worth at over $130 billion dollars in 2023. State Farm knows how to make money – The less State Farm pays out to accident victims, the more State Farm makes. So, State Farm and other insurers have an incentive to pay you as little as possible and to delay the payment as long as possible.
Like many insurers, State Farm has moved most of its offices and adjusters out of West Virginia. It can be incredibly frustrating to deal with insurance companies like State Farm. Once you finally get through to talk to someone, the adjuster will likely be located in Florida, Texas, or some other location far away from West Virginia. They may have never been to West Virginia and have no idea where you are located. In our experience, some of these out-of-state adjusters can be completely ignorant of the laws and regulations that apply to West Virginia claims and delay the handling of your claim. For this reason, it is best to speak with a West Virginia attorney about your rights and the insurance company’s obligations in dealing with you so that their feet can be held to the fire.
No matter how big or small the insurance company is, the company and its adjusters who handle claims in West Virginia are required to adhere to West Virgnia law and insurance regulations applicable to the handling of insurance claims. In short, they must act in good faith. This means, among other things, not making false or misleading statements, not engaging in misrepresentation or intimidation, and not engaging in other acts which West Virginia law defines as unfair or deceptive practices. See West Virginia Code §33-11-4 and 114 West Virgnia Code of State Rules §14.
Additionally, insurers are required to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear. The regulations go even further in terms of specifying the numbers of days insurance companies have to acknowledge your claim, respond to communications, make offers after their investigation is complete, and effectuate payment once a settlement is reached. Don’t let the insurance company delay your claim beyond what the law allows.
Factors Influencing Delay
There are some factors that can affect how quickly a claim gets resolved. This list is far from complete:
MAXIMUM MEDICAL IMPROVEMENT (MMI)
You reach MMI when your condition is such that you can expect no further improvement. Normally, it’s your doctor who makes this determination. Once you reach MMI, you are facing one of two circumstances: either a full recovery or a lingering disability. Either way, it’s very difficult to calculate your future medical expenses once you reach MMI. If you try to settle your claim before reaching MMI, you will likely not recover anything for future medical treatment or pain and suffering. In this situation, you may be leaving money on the table and once you settle your claim, you won’t be able to reopen it later and ask for additional compensation.
DISPUTE OVER LIABILITY (COMPARATIVE FAULT)
If State Farm or other insurance companies can find some reason to blame you for your own injuries, they will. This may mean blaming you for the accident or blaming your injuries on a prior accident or medical condition. Arguing over the percentage of fault each party may have for an accident or delays in proving that your injuries or conditions were not pre-existing can take time. An experience accident attorney can expedite this process by tracking down witnesses and other evidence to prove you were not at fault, or obtaining your prior medical records to prove your injuries and conditions were not preexisting, or even if they were, that the accident exacerbated your problems.
PAIN AND SUFFERING DAMAGES
Non-economic damages such as pain and suffering add to the value and complexity of your claim. Non-economic damages are intangible and, therefore, more difficult to quantify.
How much is your emotional distress worth, for example? The nebulous nature of non-economic damages can lengthen the amount of time it takes to settle your claim as insurers like State Farm try to pay as little as possible for non-economic damages. An experienced personal injury attorney knows how to maximize your compensation for non-economic damages.
Beware the Statute of Limitations Deadline
The West Virginia statute of limitations sets the date by which you must either file a lawsuit or forever abandon your claim–typically two years from the date of injury.
If you miss the deadline, you won’t even be able to negotiate a settlement. After all, why should the insurance company bother negotiating with someone who cannot sue their insured anyway? This is why it is best to consult with an attorney to understand your rights and to make sure you are protected.
How To Speed Things Up
There are many ways to speed up claim settlement. Perhaps the most effective is to simply let an attorney assemble the information necessary for your claim, provide it to the insurer, and handle the negotiations for you. Insurance adjusters are professional negotiators, but so are personal injury lawyers. Remember, your lawyer cannot accept a settlement offer without your consent.
Talk to a Personal Injury Lawyer for a Free Case Review
You might not even be sure of how much money to ask for until you let a personal injury lawyer investigate your claim. Once you know that much, you’ll still have to negotiate a settlement with a savvy insurance adjuster. There can be no guarantees, but all other things being equal, your chances are better with a personal injury lawyer than without one.
Contact the Personal Injury Law Firm of Farmer, Cline & Campbell, PLLC for Help Today
For more information, please contact an experienced Personal Injury lawyer at Farmer, Cline & Campbell, PLLC, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell, PLLC – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell, PLLC – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell, PLLC – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990