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Hit By A "Distracted" Driver
Posted by Mritts1 on 11/06/2012
MECHANICSBURG, PENNSYLVANIA -- My car (and me) were rear ended at a high rate of speed, while I was waiting to make a left hand turn. The person who hit me admitted it was their fault (100%) and the police report reflected this.

State Farm admitted responsibility and promised to make good on the claim. My car was old (2000 Subaru Outback) but an excellent car. They valued my car at $5300 and the repairs at $4000. The car is drivable but needed to be repaired to pass inspection. They refused to repair it to it's before accident condition and "totaled" the car so I could not even fix it myself without going through a lot of inconvenient title changes and legal loop holes.

Anyone with decent values would fix the car to it's pre-accident condition in this situation. If I was at all at fault I would not be writing this.

I do not care about "rules" "procedures" or profit margins, just write and wrong. This accident is going to cost me at least $3000 to get an equal car (after their "generous" settlement").

State Farm will gladly take money but all you get out of it is "peace of mine" not responsibility. Dealing with his company sucks.

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Posted by Alain on 2012-11-06:
You can file a complaint at http://www.attorneygeneral.gov/complaints.aspx?id=451
Posted by CowboyFan on 2012-11-06:
The question I had was: did State Farm insure the other driver. The fact State Farm took "responsiblity" implies it insured the other driver, which means the fact that they paid at all, instead of fighting, it was good.

A car we own always feels like it is worth more than other similar cars on the road because we take better care of it. The problem, is that valuation is based on a generic vehicle, unless one can show special circumstances related to the vehicle-not simply repairs, e.g. new paint job, etc., which might give some leverage to ask more.
Posted by madconsumer on 2012-11-06:
very helpful review, and voted as such!

'snake farm' has been known to do this before. they did not earn their nickname for no reason!!
Posted by olie on 2012-11-07:
ok4now, in '08 I t-boned a distracted driver who blew through a stop sign. I had no sign, and stupidly figured that, like other idiots in our city, he'd slam on the brakes before the intersection.

The police and EMTs were AWESOME to me, and so was MY insurer, State Farm. The other guy's insurer was a pain in the butt.

But I was driving a paid-for '96 Mazda Protege. We loved that car. Yes, we received what might have been a "nice down payment on a new car". Unfortunately, we could not afford monthly payments for a good used car or a brand-new car.

See, that's the great part about a paid-off car. We use that money for other stuff. Just like parents whose child-support obligations are over, or people who have been able to pay off their mortgages. Once that payment is over, the people tend to find other uses for that money.

In our case, a new roof and college payments. It's not like we just started putting that $300 per month in a high-yield account. Or taking expensive vacations.
Posted by ok4now on 2012-11-08:
olie, I fully understand your point. An older car in good mechanical condition with NO payments has tremendous value to the owner. My second car is a 99 Saturn with only 34K miles in great condition. I use it to go shopping and foul weather driving. My new Toyota sits in the garage not subjected to this. If the Saturn was totaled in an accident I would get next to nothing for it due to its age. It has value to me but not to the insurance company for a claim. This is the chance you take.
Posted by Gardener07 on 2012-12-01:
My son's car was totaled and State Farm wanted to give him about $9,000 for it - and he just kept refusing. Said his car - a little sports car was worth much more - They even sent him a check and he tore it up and finally found a comparable replacement for $14,500 and they actually paid him that. I was amazed. I never thought he would get that.
Posted by Rich on 2012-12-01:
I have had State Farm for 25 years. My wife's car was tboned as well, an older Ford Escort wagon. Again, in great shape and I had just had the timing belt/water pump repaired. The blue book value was about 2200 at that time, they offered 1,500. Why, because a dealer told them that was what they would try to sell my car for. I asked them where that car was because I wanted to buy it. No no no, there is no car, its what they would sell YOUR car for. So, rather than an objective blue book or any other value for my car, they called dealers til they got one to say a number they liked, then offered it to me. I thought the whole process was as dumb as it couuld be.
Posted by 1garyallen on 2012-12-03:
You stated, " I do not care about "rules" "procedures" or profit margins, just write and wrong."

In business the rules and procedures are all that matter. Insurance companies try to keep everything black and white, no gray ares. We all have to play by their rules or find a new insurance carrier. The profit margin is nothing more than a crap shoot on their part but normally they are right on the money after years and years of record keeping.

I have a car that's over 20 years of age and enjoy it very much. It's actually a collector car and although I have it insured by State Farm I also have an additional policy which would allow the car to be completely rebuilt from the ground up should be be involved in an accident.
Posted by Robert Wilson on 2012-12-04:
State Farm was my insurance for several years,home, and auto. SF sent me a letter demanding that I paint my garage or cancel my policy(s). I quickly dropped them .RW
Posted by Erin on 2013-07-05:
I got tboned after a month of buying my first brand new off the lot car. Other driver was at fault and my car was a write off. I financed my car a month before said accident for 22, 000. Had every new car policy on my insurance with state farm too. The other driver that hit me and was charged was also insured by state farm. So I get offered 17000 for a replacement cheque for my now new totaled vehicle. So im out 6000 dollars. I complain and they now say only 19000 is the total they will give. So im out roughly 2500. So why should I pay for a car thats totaled when im not at ffault. State farm should pay the whole amount
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Posted by Deb_joseph2002 on 09/08/2012
PLYMOUTH, INDIANA -- If you think State Farm is a "GOOD NEIGHBOR" your wrong!! I purchased a car and 3 days later was hit from behind while sitting at a red flashing light. I was hit by a person who was not insured and was going 55 mph. My care was a total loss.. police stated it was 100% other drivers fault. State Farm has been rear ended me every since.... which was my insurance!! they took forever to get an estimate, took forever when they finally did send someone out and took the whole back end of my car apart wanting to attempt to fix it with 10,000 dollars damage. Told them I was not fixing this car!! it was hit to hard and bent the frame in the back!! they still wanted to fix it!! finally they agreed to replace the car and I had 5 days to purchase a new one, working until late every night at my job that meant I had 1 day to purchase another car.

Now I have to pay for the rent a vehicle!! and would not let me use my own renters insurance that I had paid for on my own policy.. then State Farm reported I was at fault!! what a nightmare State Farm has been.... I will NEVER recommend anyone to State Farm!!! get out now if you have it, before this happens to you !!! Had to hire an attorney to fight my OWN insurance that I have paid for
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Posted by trmn8r on 2012-09-09:
I'm sorry you had a problem. I have had a handful of claims with State Farm and never had a problem. My 1983 car had a retail price of $18,000 and someone hit me 2 years later and did $8,000 of damage, including the frame. I found a top notch body shop with a frame straightener, and State Farm agreed with their repair estimate. That car drove like new after it was repaired, even though I was nervous.

Did you need an attorney because you refused to have the car repaired?
Posted by Jackie on 2013-07-30:
I'm going through the same thing. It's been almost 4 months since my car has been sitting in a repair shop because State Farm does not want to pay for the damages. They're saying my car was in an accident in 2009 (I didn't owned the car at the time) and therefore they cannot pay for these damages. I told them all I'm asking is to have my car fix for the damages caused by this accident but they're still going back and forth disputing this and meanwhile I'm paying 100% for the rental. I'm thinking about getting an attorney involved.
Posted by Gary on 2013-08-03:
I am suing State Farm right now. An 18 year old girl and her boyfriend ran a red light and we collided. The police officer stated he was going to ticket the girl but needed to consult with TEX DOT to confirm the light was working properly. He never consulted TEX Dot and called it no fault. I have 3 witnesses. State Farm
stated they were running two independent investigations and also called it no fault.
I have had one court proceeding and State Farm had three separate law firms representing them. Look up Deny, Delay, Defend. Did you know we pay 1 trillion/year in insurance premiums and they get to include legal fees in the price of the rates they set. So your paying for their lawyers and have to pay more to hire yourself another one. State Farm is owned by one family. Ed Rust Jr. runs the whole thing. Every year he rakes off the profits and pours them down his family trust tax free. A mutual insurance company is supposed to return profits in the form of dividends. They ignore the law and buy off anyone they need. My lawyer just dropped me after taking $21,500 claiming a conflict of interest. I can't get an answer yet. You will never win in court. They own it. Look at the IL. Supreme Court decisions where they are based. You should work through your State AG. They make you buy the insurance under threat of penalty. Make them defend you. Just don't forget 50 states were all bribed to make us buy insurance or face fines. State Farm pays zero income taxes. It's all a royal screwing of the consumer and the federal government is piling on.
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Outragious cancellation fees
Posted by GIPSYWING on 10/27/2006
NORTH CAROLINA -- I had my auto policy with State Auto for many years. This year's policy was from 8/1/06-8/1/07. I paid my dues monthly. I found another less expensive insurance company and cancelled my State Auto policy as of 9/15/06.

I figured they would take the whole month, but instead, they drafted for my full month on 9/1 AND billed me another $158.00.

I wrote the Insurance Commission and according to them, in North Carolina insurance companies can change your contractual policy amount if you cancel your policy (and without your permission or knowledge). They reevaluated my policy to a maximum premium then figured out what the difference for that month would be at this higher rate and billed me that difference.

That made my policy not $211 but $475 and I only used two weeks of that full month. And according to the Insurance Commission is perfectly legal and all the insurance companies in North Carolina practice this "punishment for cancelling" process.

This is outrageous and the people of North Carolina need to speak up or it will continue. We need to contact our congressmen and government officials.
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Posted by chemman on 2006-10-27:
Wow! That is a very shady practice, I can't believe it is allowed. Thank you for pointing this out, I just recently moved to NC and have State Farm insurance. I'll be sure to not cancel my policy if I want to switch companies, I'll just wait until the end of the policy and let it lapse.
Posted by Hugh_Jorgen on 2006-10-27:
All they did was re-adjust your policy to reflect your shorter term. They initially quoted you a monthly rate based on your promise of a 12 month committment - then two months into it you wanted to cancel, so they simply re-adjusted and charged you the two month rate. In my business we do a lot of rental and it's calculated the same way - the longer you commit, the better a deal I can give you - but if you cancel early, we re-calculate. It might seem unfair to you now, but if they didn't do it then everyone that needed two months of insurance would say "oh sure, sign me up for a year" just to get the lower rate and then cancel in two months. This helps prevent that.
Posted by rhondam718732 on 2006-10-27:
Hugh makes good sense. It sucks but it sounds reasonable
Posted by truckin21 on 2007-01-29:
That is a new one. Every company I have ever insured with(American Family, Safeco, Geico, North Pacific,) only have 6 month policies. Also, I think I would be looking into turning the NC Insurance Commission into the Feds for possible action. I new there was a reason why I didn't move to NC. Do yourself a favor, if you can, and move to a state that thinks better of its citizens.
Posted by truckin21 on 2007-01-29:
That is a new one. Every company I have ever insured with(American Family, Safeco, Geico, North Pacific,) only have 6 month policies. Also, I think I would be looking into turning the NC Insurance Commission into the Feds for possible action. I new there was a reason why I didn't move to NC. Do yourself a favor, if you can, and move to a state that thinks better of its citizens. Also, doesn't NC believe in the "Truth in Lending Law"? There should be a clause in your contract as to what happens if you cancell early. If not, the contract cannot be valid, and I would definitley get an attorney. NC is still part of the USA the lasat time I checked. They might have their own laws but they still have to follow federal guide lines.
Posted by GIPSYWING on 2007-01-30:
I contacted the NC Insurance Commission and the practice of going back and charging a higher premium for early cancellation is legal in North Carolina. They investigated my claim and said it was all done legally and I have no case.
I think the next time one of my customers goes to another vendor in the middle of the year, I will send him a bill for the difference between market value and his discounted price. Think the bill will be paid and I wonder how long it would take to lose all my customers then?
Posted by SAD on 2011-06-13:
Worst insurance company ever . LIE,LIE,LIE .STAY AWAY!
Posted by Ripped Off! on 2012-02-09:
You had better hope and pray you are never hit by one of State Auto’s customers! They will only reimburse you for inferior aftermarket parts to fix your vehicle even when their own customer is at fault. They do not believe in the concept of making someone whole by restoring your vehicle back to the original condition before it was hit by their insured. Your only choice is to accept the inferior repair parts or pay the difference for the OEM parts. If the company was ethical, moral, and treated victims fairly, they would not make you suffer additional loss to pay for repairs when the accident was not even your fault. Their motto must be to blame the victim and victimize you even more because, obviously, their customer did not victimize you enough in the accident. This company does not deserve to be in this business. They would be better suited for the loan shark business.
Posted by Robert Kinsley on 2013-10-21:
I just got off the phone with Gieco and they are now trying to charge some early cancellation fee. This is cause I sold my bike and the DMV didn't give me a receipt. Even knowing I live in NC and she is from CA going to argue they give you some kind of paperwork. Then after telling me she would back date my file, she comes back to tell me I owe .58 cent cool. then she said o wait you now owe 118.37for a fee charged by the state but cant show me where that is written. Geico glad your here for the Military.
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Posted by Virgillloyd89 on 10/22/2011
BLOOMINGTON, ILLINOIS -- I have been with State Farm for over THIRTY YEARS, and I needed coverage for liability just to keep others covered while opening a new business and a new home I was building. Once built I knew I would need full coverage but could not get that until it was completed with both. To make the story short, I ended up having to take EVERYTHING to an entirely different company so they would take it all and include the coverage I needed. I have since dropped both ventures since neither had the type or amount of funding needed. I do however still have the coverage with Farmers Alliance.
I went back to my former agent thinking it might be OK to return to State Farm now since I had the "Blights" removed that they didn't like. Now they find that my "WIFE" keeps me from getting insurance because she had a claim almost three years ago (When her now deceased husband turned in a hail claim on their home in Minneapolis, Kansas.) There was a couple whiny little other excuses but I had no problem seeing through those (and the agent had to admit that part)... There is something missing in this "GOOD NEIGHBOR POLICY" AND I CERTAINLY AM UPSET WITH THE CORPORATE PETTINESS AND LOUSY POLICIES THEY USE. Other than that, I'm sure there are some well-hidden qualities to redeem them all, but I find no further patience to try and be in their graces, but have chosen to be the same "Good Neighbor" they are and cancel any further business attempts with them.

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Posted by trmn8r on 2011-10-22:
Plain and simple, State Farm doesn't like it when customers make claims.

I have ALSO been a customer of SF for OVER 30 YEARS. I have made comprehensive claims, but never a collision claim. Still running strong and I love them. My premiums are low, possibly because they are picky about potential customers and current ones too.
Posted by Starlord on 2011-10-26:
The janitor in a building where my mom once worked had been with State Farm for 16 years and never filed a claim. One night, someone stole the battery from his car and spray painted grafitti on it. State Farm paid the claim with no problem. Then they cancelled his insurance. He had a heck of a time getting insurance after that.
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Rude office help
Posted by Gh1980 on 08/20/2012
State Farm Insurance - Ronnie Reed Agency, has the rudest most unprofessional staff I have ever dealt with in my entire life. I have called there on several occasions and I was amassed as to how rude the staff was, they act as if they do not want to be bothered or to help with your problem.
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Posted by prince caesar on 2012-08-20:
I also have state farm and I have about 5-6 agents in a 5 mile radius of my house....if I were you I would call up state farm directly and tell them your issues and that you want to switch to another agent.
Posted by trmn8r on 2012-08-20:
I find this surprising, because over the years I have my account at perhaps 6 different SF offices, and all have had excellent customer service.

Maybe you can move your account to another office in your area?
Posted by Anonymous on 2012-08-20:
I am not surprised by this. A friend of ours has State Farm and on 2 occasions I've been present when he's called his agent to get information and both times the person on the other end was completely useless. She couldn't understand what he was saying. He spelled his last name multiple times and she didn't get it! English is his first language and he speaks it clear & without an accent!
Posted by CowboyFan on 2012-08-21:
My state farm agent is great. Just look around for another agent.
Posted by John H on 2012-12-02:
Write a letter to the Regional Office or the agents
manager and tell them you would like to change agents.
If no response write a letter to State Farm Homeoffice Bloomington,Il. (Customer Service)
Posted by John H on 2012-12-02:
Regarding state farm and most casualty ins.companies.
If you think you have a homeowner claim and request them to send an adjuster to your home and they say there is no damage,they still consider it a claim.
2 claims and they will possibly non renew your policy.
Posted by John H on 2012-12-02:
If you are not satisfied with the claim action
request the name and number of the claim supervisor.
If you are definitely sure after talking to the supervisor you are not satisfied.Contact the state insurance commissioner.Always stay cool and be polite.
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State farm roof repair
Posted by Bikerider1 on 06/15/2011
ARLINGTON, TEXAS -- I had roof damage from a wind storm in late April. The adjuster came out the following week and lifted up the damaged shingles and then called me the next day and said that they would just replace the damaged areas. I thought then that there is no way they will ever match. The roofer that I contacted said the same thing. State farm then said that the roofer needed to submit an estimate stating that the shingles would never match and they would re-evaluate. Today I get a call from claims saying to have the patch work done and if there is a gross mismatch then they would look at it again. I have been a State Farm customer for over 20 years and when I bought my house last year everyone I talked to said not to go with State Farm. I wish I had listened to them.
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Posted by Slimster on 2011-06-15:
You can't blame SF for wanting to do a patch rather than an entire re-roof. You didn't mention the size of your roof, or the size of the areas that need repair. What is your deductible and how many claims have you made in the past? All variables that may be playing into this. Go ahead and get a patch job done, if it looks like sh!t, so much the better for to state your case! Take photos at different times of day from different angles, and submit the ones that show the greatest differences in the repair job. 'nuff said.
Posted by trmn8r on 2011-06-15:
You don't say how much of the roof was damaged, how old the shingles are, and what their expected life is.

Wind damage usually is confined to edges. It is quite possible it makes sense to repair only the affected area(s). I think the suggestion to have it repaired, and see what the result is makes sense, generally speaking.

I have been a State Farm customer for over 30 years, and am very happy with them.
Posted by Slimster on 2011-06-15:
sounds like you're agreeing with me Term, thanks
Posted by Venice09 on 2011-06-15:
Again, I agree with you, trmn. I think State Farm's offer makes sense and is reasonable in this case. The extent of the damage, size and age of the roof were probably factored into State Farm's decision.
Posted by Chigrl on 2012-07-27:
I'm and Arlington and also was shafted by State Farm. They wanted to replace 1/2 the roof and then repair the sections in the back. I agreed with you they would not match and I paid insurance for replacement value. To put me back in the same condition I was in before the storm. Not half a new roof and 1/4 a patch job. It lowers my resale value and looks like I don't take care of my property. It cost me over $4500 to replace the roof. State Farm paid $1900 of the overall cost of $6500 . I realize I had a 1800 deductible but I thought insurance was to protect me from unexpected losses. Good bye State Farm. I won't miss you. First and only claim after 12 years
Posted by BSUV on 2012-08-20:
State Farm paid to have my roof repaired (minus deductible) this past spring. I had the 6x10 section replaced as they requested. Today I received a letter stating I need to pay for whole roof to be repaired or they will drop me! If my is in that bad of shape why did pay to have repaired this past Spring??? Good bye State Farm, there are 100's of companies that want my business!
Posted by Huh? on 2013-08-25:
BSUV, Are you kidding me? They replaced the damaged section because it was sudden and accidental and you made a claim on the damage. Insurance companies don't replace worn out roofs. That's called maintenance and it's the responsibility of the homeowner. No repairs to a worn out roof, further damage and losses. Insurance companies don't want clients who have claims. No, there are not 100's of companies that want your kind of business. You don't even understand the very basics of how insurance works and you think your worn out roof should be replaced by an insurance company. Good luck with that.
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Poor, poor, poor service.
Posted by Skenig on 11/03/2006
SOUTH CAROLINA -- I have had my home and car insured with State Farm for 10 years, and a rental property and a second car for 2 + years. I have paid more than $3000.00 per year in total insurance premiums to State Farm.

Today I receive a letter informing me that the policy on my home will not be renewed, because of my "loss history", including a theft claim (for a briefcase while traveling overseas) for which State Farm paid $174.00, and a water damage claim on my home in February 2003, for which State Farm paid $680.00.

The letter does not include any contact information other than the company's address (no phone number, no email).

How is that for 1) business sense 2) customer service?

I staid with State Farm despite cheaper quotes from other companies. Now I am transferring all three remaining policies.
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Posted by Anonymous on 2006-11-03:
Are you sure there's not more to the story here? I've had state farm - multi line coverage for 20 years or better. Recently we replaced 13k worth of roof for storm damage and they didn't say a peep and were only too happy to keep me as a customer.
Posted by bigbangerik on 2006-11-04:
when my dads house caught fire, due to a lightning strike, state farm put us up in a 4 star hotel for 2 months while we found a replacement house, which they paid for. also, they covered the cost to replace %90 of our belongings. they then re-insured my fathers new house at a 13% increase of premium. i think they are pretty nifty. good luck!
Posted by skenig on 2006-11-04:
Good for you. Now the State Farm letter is very clear: "this insurance coverage is no longer acceptable to State Farm Fire & Casualty Co, due to your loss history", then it lists the two losses I mentioned, for a grand total of $ 854.00!
In addition, even if there were more to the story, as Pirate writes, how could I know it? Again there is no contact information on the letter.
Posted by Anonymous on 2006-11-04:
You can start by calling your agent, and ask what the deal is. Furthermore, you didn't list the city, but your state is SC. After Katrina, a lot of coastal cities and properties underwent tougher insurance scrutiny by the industry. Just fishing here, but could that be part of it? And you've never been late with premiums either?
Posted by skenig on 2006-11-04:
Thanks Pirate for your suggestions. I have never been late with premiums. I am in Columbia, 100 miles from the coast. I emailed my agent (I got the letter Friday , too late to call him), but even if he can renew my home policy, I don't think I even want to stay with State Farm. This is no way to treat a long time customer .
Posted by Anonymous on 2006-11-04:
"Thanks Pirate for your suggestions," - just here to help! :)
Posted by Timboss on 2006-11-06:
I had the same problem with State Farm. I was a customer (auto, home) insurance for over 25 years. We had 2 minor claims ($1,000) total and then a $6,000 due to a leaky room. Then our policy was canceled. Our agent did absolutely nothing. I called the home office in Tempe and talked to an underwriter there and he reinstated our policy, at a higher rate which was OK. I did try to get other insurance but because SF cancelled the policy no other insurance, except secondary high-rate (like 3 times the premium) would touch us. SF wasn't the greatest but the agent didn't even try to do anything for us.
Posted by Timboss on 2006-11-06:
Oops. Should be leaky roof not room. Agent is still a jerk.
Posted by Jimbo7 on 2006-12-21:
Sounds to me you should change agents. With State Farm just write a letter to the regional office requesting a different agent. Call up a few of them and find one you like. Make them earn their money
Posted by dt66 on 2007-07-11:
state farm really sucks!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Hit by a State Farm Driver
Posted by Qubbie on 03/08/2012
MINNEAPOLIS, MINNESOTA -- I was struck and injured by a State Farm Insurance driver. I had to take the driver to court to try and collect for Medical Bills.
I HAD a lawyer (a good one) .
I lost to a jury trial due to the insurance lawyer .
Not only do I have to pay my medical bills but I just got a bill for the court fees.. this total cost for me is close to 24,000.
Watch out people State farm will Win they have Very Crooked Lawyers working for them so they won't pay out a Claim..

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Posted by Anonymous on 2012-03-08:
I think that if the problem was with State Farm, you probably would have won. We all have our day in court, if necessary, and if we lose, that doesn't mean *they* are bad folks. A jury of your peers ruled against you -- with your "good" lawyer. Enough said.
Posted by I love my son on 2012-03-08:
Sounds like something is missing from this story, like what happened at the accident..But we would need both sides of the story also which we wont be getting..
Posted by spiderman2 on 2012-03-08:
Your insurance should pay for your medical bills. A jury of your peers decided that the the other driver was either not in the wrong or they had a valid defense for what happened. Defense lawyers can't just make things up, judges require evidence during trials and they typically don't accept made up stuff.
Posted by trmn8r on 2012-03-08:
You had a jury trial in court, and you lost.

I see no evidence that State Farm has one or more "crooked" lawyers. I'd be very interested in knowing what did that caused you to lose.
Posted by ok4now on 2012-03-09:
You had a good lawyer but State Farm had a better one. Justice can always be bought if the price is right.
Posted by Skye on 2012-03-09:
Your review is a good reminder, it's not always wise to use the lawyer your insurance company provides. A personal injury lawyer from the oustisde, would most likely have succeeded in getting your case won. And remember, they work on contingency, so there is never any money upfront.

Sorry this happened to you.
Posted by Slimjim on 2012-03-09:
As Spiderman said, your insurance company should have covered your medical bills for you (unless you maxed out on the limits). Were you insured at the time of the accident?
Posted by different laywer on 2012-03-09:
Skye - i think the SF lawyer was the other side's lawyer, not the OP's lawyer.

Posted by how... on 2012-03-09:
how is the lawyer crooked? or are you suggesting he somehow fixed the court case against you?
Posted by spiderman2 on 2012-03-09:
The lawyer the OP is upset with is State Farm's lawyer, who was representing the Defendant. Your insurance company doesn't provide you with a personal injury lawyer if you want to sue for personal injury. The lawyer the OP should be upset with is his/her lawyer. Either that lawyers isn't a very good lawyer taking a loser case to trial or they screwed up majorly. Many people do not realize that when lawyers advertise if they don't win there is not fee is that you are still responsible for the costs, which, as seen above, can be considerable.
Posted by skelly39 on 2012-03-09:
MN is a no-fault state. Your own insurance pays your medical bills up to $20k. This is statutory. If you didn't have insurance, there is still a state fund that would pay the bills for you. The other party is not responsible for paying any medical bills other than the ones that were over your policy limit. Your insurance CANNOT recover the cost of your medical expenses from State Farm, unless the State Farm insured vehicle was over a certain gross weight. Either there are parts missing to this story or you have received very bad advice and/or no guidance from those people who should be helping you.
Posted by the fish of wisdom on 2012-03-12:
Skelly - I'm betting on "missing parts" myself.

the op's story is rather short after all... and she never explained how the other lawyer managed to fix the case against her
Posted by Anon on 2013-06-11:
I also lost to state farm when their driver was admittedly negligent. They will go to no end to not have to pay and their attorney was crooked, finding all kinds of past dirt on me and embellishing it to show the jury and the judge allowed it because she went to school with him. I had very good injury attorneys. The op is right, they would rather pay investigators and attorneys than claims. I would have settled for less than they paid them. We even went to mediation and they offered nothing.
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20+ years of loyalty earned this?
Posted by ElizabethWithnell on 06/18/2010
MCMINNVILLE, OREGON -- This posting is in regards to an accident my daughter was involved in on April 16, 2010. She had stopped behind a car waiting to turn, and her vehicle was rearended (and totaled) by another car who's driver wasn't paying attention.
Our agent was very helpful in getting a claim started for medical coverage.
The issue is that the other driver was also insured by State Farm. I found out very quickly that this apparently changes the rules. The rental car coverage that I have been paying for all this time doesn't come into effect unless the claim is made on my policy; which of course it wasn't since the other driver was at fault. Therefore there is no rental car available to use to find a replacement vehicle, unless you pay for it out of your pocket, once the other claim makes an offer for your totaled vehicle over the phone. Not once you receive any money, which takes another few days in the mail; or you can pay for the rental yourself and drive the hour or so to go get it, and while you're test driving vehicles.
I owned the vehicle my daughter was driving for 9 1/2 years, took very good care of it and the engine had a lot of miles on it, but would have easily gone another 100,000+ miles. Please tell me where you can actually purchase an equally reliable running vehicle for $1400?
My daughter is a full time student & her school is paid per term, but she has to pay additional for any missed days to make them up in order to graduate. That's $80/day that's not covered by the insurance, unless she misses 14 days. She had a neck injury that kept her out of school for a few days, but not long enough to get reimbursed for it. She has to pay extra for those days to graduate.
In addition to all of this, even though we're State Farm customers the State Farm people from the 'other claim' were absolutely horrible to my daughter on the phone. The accident was on a Friday, and the following Tuesday she received 8 calls from them wanting information or telling her what she had to do. She was so stressed out by all of this that I talked with them and made sure they understood they weren't to call her about anything else. There were several different people that called, and the information was very contradicting. Like one person telling us to take the car in for an estimate on the damages, then someone else telling us not to take it to a shop and that it didn't matter if we took it in for an estimate on the damages that their estimator had to look at it, then a different person told us that we were supposed to leave it at the shop where the estimate was done...huh? I had already moved it by then.
Then once the estimator looked at it and told me that it was totaled, the people in the claims office told me it wasn't totaled, then another person told me it was, and then yet another person told me that it wasn't really decided that it was totaled. It took 3 days to get a straight answer. My dilema at this point was... do I start looking for a replacement vehicle or am I fixing this one?
Once they decided the car really was totaled, the claim was transferred to the total loss department. It took a few days for them to make an offer, which I refused because I had already gotten estimated values from a couple of web sites my agent had suggested, as well as multiple private party ads for the same year/condition vehicle that were much higher. They took a full week to make another offer, just a bit higher than the first one. By that time I was so disgusted with the whole experience that I decided it wasn't worth it and accepted the (lousy) offer, and moved on to researching new insurance companies.
I have been with State Farm for over 20 years. I have had auto, renters and home owners insurance through them. I kind of expected them to go to bat for me in dealing with the other claim. I actually expected them to protect me and my daughter during this experience. Oh yeah, they were sympathetic & all. My agent did get them to extend the rental car coverage for another 3 days. I still had to pay for a rental car out of my pocket, and then had to borrow a vehicle for the rest of the time till the vehicle could be replaced.
What a nightmare. I am very disappointed. All of the State Farm commercials say "State Farm is there...". They imply that they (State Farm) will help you. Not in this case.
I am definitely moving to another insurance company. I really don't want anything else to do with State Farm. What's going to happen if there's another accident? I feel like I'm just throwing my money away, like they won't be there for me when I need them.
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Posted by lobo65 on 2010-06-18:
Par for the course from State Farm. Just ask those of us on the Mississippi Gulf Coast how much of a neighbor they were after Katrina.
Posted by twixypeps on 2010-06-18:
When a total loss offer is made and accepted, rental payment are stopped. it's law, no way to get around it, it's in your policy, and all insurance companies do this...Loss wages (which you could probabaly consider for your daughter's classes, maybe, i'm not a claim's specialist) are not covered without an edorsement, which costs extra..I don't know what type of car you had, but it doesn't sound like it's worth anymore than 1400...sounds like you had people irritated with you being irritated with them
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State Farm supports uninsured drivers talking on cell phones!
Posted by Royally pissed on 04/19/2010
LYNCHBURG, VIRGINIA -- I consider myself a responsible person -- adult, who has never been responsible for any motor vehicle accident. I have no outstanding parking tickets. I take pride in my excellent driving record.

I take pride in my character.

I will assume responsibility for what I must, but I am not so inclined to take responsibility, particularly financial responsibility, for something of which I am not guilty. For 3 years. For an automobile accident I did not cause on November 4, 2009. I will not be accused of something for which I am not guilty. State Farm grossly erred in their conclusion of this accident.

I made a video recreating the accident.

This is not a heavily trafficked area.

There is no obstruction of view.

How many times must I say I was already in the street, preparing to shift gears from reverse to 1st? I was STOPPED!!! The commissioner told me I was at fault because I had pulled out of my driveway.

How many times must I say my car had to come to a full stop, there was a little movement. It’s the law of motion. BUT MY CAR WAS STOPPED WHEN SHE HIT ME!!!

In my video, my driver indicated she was going 15 miles per hour. The uninsured teen driver talking on her cell phone told the police she was going 19. Look at the video. Going 19 miles per hour would have alerted this young lady there was on-coming traffic. Me. My car. Already out in the street. Coming to a full stop preparing to shift from reverse to 1st gear. I was already in the street, preparing to shift gears from reverse to 1st, that my car had to come to a full stop. YOU CAN’T CHANGE GEARS FROM REVERSE TO 1ST WHILE THE VEHICLE IS MOVING! How many times do I have to say that?

How many times must I say the uninsured teen was on her phone at the time of the accident? That I went in my house and called the police and my insurer, State Farm, on my phone? We both gave the officer our license, registration and proof of insurance.

After impact, it took 5 seconds for me to get out of my car to go to her. My first concern was her. Was she hurt? She was not looking at me. She was not looking for her phone or dialing a number. She was already on the phone. Crying. She knew. How many times?

She was reckless in her operation of a motor vehicle.
Is it so unreasonable to think a cell phone distracted a teenage driver?

I agreed she swerved. She had to. It was just too late.
Her car made contact with mine. Her front passenger panel was dented. The driver-side bumper on my car was ripped off. Had I been moving with any speed or in any other position, a side panel on my car would have been impacted.

I don’t have a cell phone, but I have a multi-policy coverage with State Farm, but not for long.

State Farm never returned my phone calls. We pay you.

I would appreciate a reversal of your imposition of increased fees and premium, and a reversal of my damaged driving record effective immediately. But it will never happen because State Farm paid to have her car repaired.

I would appreciate a restoration of my excellent driving record, I would appreciate the removal of and reimbursement of funds resulting from the premium increase and any and all associated fees and funds due and owing me, and the removal of the 3-year penalty.

I would appreciate the removal of this from my file, which would never happen because it would be an admission of guilt on their part.

State Farm apparently supports cell phone use while driving, particularly from high school teenagers who lack enough responsibility to have insurance, but a cell phone. That is, until the laws change, then they'll be more aggressive with no-phone zones for drivers.

The insurance commissioner said they sometimes rule against agents, but couldn’t give me a number. He said, “It happens sometimes.” “Well, how often?” “Oh, I don’t have that figure in front of me.” “I bet it’s less than one percent.” He was silent and told me he wasn’t going to argue with me.

On April 15, 2010, Good Morning America reported two days after speaking with the insurance commissioner. http://abcnews. go.com/GMA/distracted-driving-federal-enforcement-pilot-program-begins/story?id=10377741 April 30, 2010 is National No Phone Zone.


I did not cause this accident. How many times must I say this?
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Posted by COOKIES! on 2010-04-20:
It stinks you were hit and had to deal with this but in every state I've lived in it is illegal to back out of your driveway. If you have a small driveway I understand it is almost impossible to turn around but her being on her cell or not, if you backed out of your driveway in my state, you are at fault. Sorry.
Posted by Anonymous on 2010-04-20:
Illegal to backout of a driveway? How are you supposed to get in and out? I never heard of such a thing. I live in Ohio.
Posted by MRM on 2010-04-20:
I am flabbergasted by this story and I believe, the other driver, the teen, is at fault. The OP was out of her driveway and she was already in the street, preparing to shift into drive. Makes no sense at all.
Posted by Venice09 on 2010-04-20:
Good question, sherdy. Unless you have a circular driveway (and how many people have one of those?), how are you supposed to get out? The only way would be if you backed in, and that isn't always feasible and can be just as dangerous as backing out.

To the OP.. this sounds very frustrating for you, but I was wondering, is it possible that the other driver used her cell to call someone after she hit you and was not actually using it while she was driving? If she had time to start crying, then she also had time to dial the phone before you saw her.
Posted by jktshff1 on 2010-04-20:
Same in TN, you can back out.
When I had a manual shift it took me all of 2 or 3 seconds to go from reverse to 1st, could it be that, since the view is not obstructed, you just missed seeing the other car or thought you had time to beat them?
Posted by spiderman2 on 2010-04-20:
I don't know about it being illegal to back up out of your driveway but in an accident, a driver who is backing up is the at-fault driver. If you are in a parking lot back up accident with another car, the fault will be 50/50.

Posted by Venice09 on 2010-04-20:
When I back out of my driveway, I am momentarily stopped in the middle of the road while I shift from reverse to first. If someone ran into me while I was stopped, I would consider it their fault for not paying attention. Fortunately, this has never happened to me so I don't know how my insurance company (also State Farm) would deal with something like that.
Posted by MRM on 2010-04-20:
Venice, absolutely their fault.
Posted by Principissa on 2010-04-20:
It's not illegal here to back out of your driveway. And they way ours is set up, we couldn't turn around without hitting our house. The driveway is set on a hill so backing down isn't an option either, unless of course we want to hit our house.

I too agree that if this person was stopped, the other driver going "19 miles per hour" should have seen the car in the middle of the road and should have stopped. She didn't and she hit her. How is it this person's fault that chatty Kathy wasn't paying attention to the road and failed to see a stopped car in the middle of the street?
Posted by Venice09 on 2010-04-20:
I hope so, MRM. My house is situated at the end of a curve in the road, and I really can't see if any one is coming around that bend as I'm pulling out of my driveway. But they can certainly see me if I'm in the middle of the road. If I'm stopped, which I must do in order to shift into first, I don't see how it would be my fault.
Posted by jktshff1 on 2010-04-20:
It all depends on how far away the oncoming car was when you pulled out and we will never know that. Just because a car backs out in front of you and you hit it, doesn't make it your fault.
Posted by PepperElf on 2010-04-20:
exactly JKT

if you've been stopped there for say a minute then yes, she's at fault

but if you pull out, stop to change gears and within a second or to you're hit... (and you said she was only doing 19) that means you didn't see your way clear properly before pulling out.

Yes you want to blame her because of the cell phone
However if you pull out right in front of them, it won't matter if they're on a cell or not. If they can tell that a non-cell driver would have also have had the same accident, they don't hold the yapping against the driver.
Posted by Anonymous on 2010-04-20:
When you pull out of your drive way there is an implied 'yield' to oncoming traffic. If you get hit in the act of transitioning from the driveway to the road (right-of-way) then it's failure to yield the right-of-way.

The other driver may hold some responsibility for being inattentive and if paying closer attention MAY have been able to avoid the accident but that's speculation. However what's not speculation is that by the OP's own admission they were in the act of transitioning from the driveway to the road when the accident occurred. In that case the OP has the majority of fault since the OP failed to yield the right-of-way.

Sucks but that's pretty much how the cops, insurance companies and courts will see it. Truth is if your insurance company thought they had a reasonable chance to avoid paying the other driver's claim they would pursue it. Good review!
Posted by Venice09 on 2010-04-20:
But in my case, I can only see so much as I'm backing out. Someone could come around the bend in the two seconds it takes to shift and hit me if they're not paying attention. And there wouldn't be much I could do to get out of their way in time to avoid it. Hopefully, State Farm will see it that way if this ever happens to me.
Posted by skelly39 on 2010-04-20:
I'm trying to picture this accident in my head...so she hit your front or rear bumper? And if she hit you on the driver side, you were backing out from the left side of the road, correct? Then who entered whose lane of travel? Maybe I'm just reading this wrong.
Either way, the DOI generally does not get involved in decisions made by an insurer unless there was some egregious violation, i.e. they did no investigation at all. I'm surprised they got involved in yours.
Without knowing all the facts, I won't offer an opinion on fault, but I can tell you that State Farm will never change their assessment. They have the right to settle claims as they see fit, even if you don't agree with it.
Posted by PepperElf on 2010-04-20:
back when i was growing up there was an obstructed view - bushes on each side of the yard - so i got in the habit of backing up to the end of the driveway, and then stopping to look before going out into the road.

"We pay you."
Doesn't mean they're obliged to change their findings to match what you want them to be.
Posted by Anonymous on 2010-04-20:
The OP stated, "State Farm never returned my phone calls. We pay you. ". In that context the OP is correct. It is reasonable to expect a return call since indeed 'we pay you'.
Posted by PepperElf on 2010-04-20:
If I'm not mistaken they already gave him the answer.

i guess the question is... is calling them back repeatedly going to work
Posted by Soaring Consumer on 2010-04-20:
Who did the police report state was at fault?
Posted by Ytropious on 2010-04-20:
The way it sounds was yes, the other driver should have been more attentive and not hit you...BUT you still hold some responsibility for not seeing her and thinking "maybe I should wait until this car passes to back out". You must make absolutely sure there is no one comming, if you live on street with an obstructed view, this is still your fault to understand that traffic may come around a bend, they have the right of way, not you. While you feel it isn't at all your fault, had you waited, even if she was on her cell, this accident would not have happened. You are half at fault here.
Posted by Venice09 on 2010-04-20:
I assumed it was the OP's rear bumper that was hit. If that's true, I always thought that if you hit someone from behind, it's your fault because you are not in control of your car.

Actually, this whole scenario doesn't make much sense to me. There was no obstruction of view, and the street was not heavily trafficked. I can't imagine having to swerve and not being able to stop at 19 mph. At that speed, it makes me think that the OP saw the other car coming and thought she had enough time to back out and get out of the way. But if the other driver was not paying attention, for whatever reason, then she didn't have enough time to stop. If that's the case, I think they are both at fault.
Posted by royally pissed on 2010-04-21:
Again, I can see the street. There was nothing. My video shows the clear view. My camera was in the car of my neighbor. It wasn't planned, but it was perfect timing. Going 15 mph, you can clearly see me coming out, stop and take my car out of reverse. There's no disputing that. I instructed her to swerve when she approached my car and pull over, and there's no question that's how my rear end bumper and her front passenger panel was impacted. Again, it took about 5 seconds for me to get out of my car and go to her. Again, she was not looking for a phone or dialing a number. It takes more than 5 seconds to dial a number. She was already on the phone. The police didn't cite either of us. I don't think he wanted to get involved. She was already on the phone.

You don't pick up your car and place it where you want. It had to come to a stop. I'm mature enough not to force a car into something prematurely. I was stopped. I was already in the street. She should have been paying attention, but she wasn't. She was on the phone. She was a teen. Her priorities dictated to her that her cell phone was more important than having insurance. She lacked responsibility. If she lacked responsibility to have insurance, she lacked responsibility to operate a motor vehicle responsibly.

Cell phone accidents have caused so much destruction, they made April "No Phone Zone". Make your car a no phone zone.

I didn't cause this accident. I can see cars coming. She should have seen me in the street, had she been paying attention to the road instead of her phone. She was already on the phone.
Posted by Ytropious on 2010-04-21:
But if there was no one coming where in the world did this car magically come from? You just say it was clear so then HOW did this car come out of no where and hit you? It just doesn't make any sense.
Posted by Venice09 on 2010-04-21:
I agree with you that she wasn't paying attention, however, your reasons are strictly your opinion and not based on facts. Being a teen does not automatically mean she's irresponsible or that she was talking on the phone when she hit you. You just don't know if either of those things are true. You are making assumptions based on her being a teenager, which is not fair.

I am with you one hundred percent on the "No Phone Zone" issue. When I see people talking and driving, it makes me want to scream. But I have to tell you, I see just as many or more adults doing this than teens. It is not something exclusive to teenagers. It is illegal in my state but I don't know how much the law is enforced. In fact, I see more people talking on phones now than ever before. So I agree that this is a serious problem.

For the record, I can dial a phone in less than five seconds, and I'm not as quick as the average teen.
Posted by Venice09 on 2010-04-21:
Ytrop, that was my problem with this too when I read that there was no obstruction of view.
Posted by royally pissed on 2010-04-22:
You are both correct and I apologize, mostly. I feel horrifically violated. Yes, saying she was irresponsible because she was a teen was not fair. I was a teen once also. I was venting, but for someone to say I was at fault got my ire.

My point is her display of responsibility. She failed to see many contributory factors surrounding the scope of this unfortunate situation.

She made the conscious decision to pay a cell phone bill and not auto insurance for 5 months.

She made the conscious decision to drive while talking on the cell phone.

She made the conscious decision to not pay attention to her operation of a motor vehicle.

If she had age and maturity, and even one decent parent to exemplify responsibility (uh-oh, now I'm talking about her parents), she would have been more responsible macroscopically and this would not be a part of our realities, forever, whether she sees it as her "getting over" or her being given a second chance, a lesson.

The fact is, she was irresponsible. And I am not happy that I have to pay for her choices, that I'm paying for lesson..

My consolation: Maybe. Just maybe. This happened because it may have saved her life or someone's life next month, next year or the year after or the decade after. Maybe I'm God's conduit.

But it just recently happened last week and I need time. According to mandates, I have 3 years to come to terms.
Posted by Venice09 on 2010-04-22:
That's a great way to look at it, royally pissed. Thanks for coming back and sharing that with us.

I'm the parent of a teen who tends to be irresponsible despite all my efforts. I agree that sometimes it takes something to happen for someone to wake up. I really hope this incident made a lasting impression on the other driver, although I'm sorry it was at your expense.
Posted by former statefarm customer on 2010-05-27:
I know where you are coming from. I was sitting at a red light and a girl said she fell asleep and hit me from the back. Just so happens her insurance and mine are Statefarm. Guess what, since they can't get her to answer her phone or return their calls, they want me to file it on mine and pay my deductible. What a joke. You should do like I have done and turn them in to The State Board of Insurance.
Posted by twixypeps on 2010-06-18:
This deffinetly sounds like your fault, not the teen. You admitted you were not in drive, next time lie and say you were in 1st. and the person above this comment (former state farm customer)...you're viewing your claim wrong. they are not stating it's your fault, they just cannot get ahold of the other person so she can admit fault. when and if they do, they will get your deductible back for you. that's why you get full coverage and you choose your deductible on what you can afford.
Posted by Slimjim on 2010-06-18:
The problem here seems to be, by not being able to put your car in gear and move forward and out of the way before her car came to your drive, you basically were encroaching the other driver's right of way. Another driver's inability to avoid an accident due to lack of concentration doesn't make them at-fault if they wouldn't have been otherwise
Posted by MissJoy86 on 2010-06-18:
I can't think of a single state where someone who has backed into a major roadway & is subsequently struck by someone already on that roadway, would be considered anything BUT at fault. I know this is very upsetting to you & you have obviously put a lot of thought and time into your feelings expressed here, but the bottom line is - the young uninsured teen cell-phone vehicle had the right of way. The argument that she should have seen you & slowed down / avoided you just doesn't hold water - she was already traveling on the major roadway and established in her position, she had the right of way. Yes, it's unfortunate that she was uninsured and on her cell phone. But it's not a case of State Farm supporting her behavior - it's simply calling the situation what it is: an at-fault loss on your record.
Posted by royally pissed on 2010-06-20:
I believe what you fail to realize is that I was already out in the street, stopped, changing gears and got rear-ended. Your comment and belief simply does not hold water. She should have been more aware of her driving environment. It's called being a responsible driver. Talking on the cell phone is never a good idea when driving. Did you sign the "No Phone Zone Pledge"? Driving 19 mph should have given her enough response time.
Posted by raven2010 on 2010-06-20:
I think the problem is that the other driver's front passenger panel is dented---that appears to make it sounds as though you pulled out without looking and backed into her.

Other wise, how could the SIDE of her car be damaged? If it happened the way you say, I would think her front end would have damage, not the passenger side. And if she swerved, would still be a corner of her front end, not the side of her car.
Posted by Anonymous on 2010-06-20:
If she was only going 19 mph she should have had plenty of time to avoid your vehicle, had she been alert.I'm with you, royally pissed.
Posted by PepperElf on 2010-06-20:
ohhh the other car was damaged on the SIDE

that indeed changes things. if she hit you from behind what was she doing, driving sideways?

but yeah it sounds like you didnt see your way clear before pulling out.

i did something like that last month. i pulled out of the parking lot and suddenly heard a horn.
there was a car RIGHT behind me. i could have sworn the road was clear before i pulled out but as it goes... i was wrong. there had been a car there and i basically cut it off.

no accident but if there had been, i would have been in the wrong.

and the phone.. MAYBE but ... all the phone changes is whether or not she could have defended herself against YOU backing out without fully seeing your way clear
Posted by royally pissed on 2010-06-21:
She swerved. She tried to avoid me when she realized she was directly behind me. So, yes, my driver's side bumper was hit and her passenger side front panel was. She tried to swerve, didn't swerve enough and in time because she was not paying attention. I recreated a video that clearly proves how her passenger side and my driver's side was damaged. I did not cause this accident, again! Just use your imagination and see it. She was directly behind me when she saw me, swerved, didn't swerve enough, clipped her front passenger side and my driver's side. Again, I wasn't moving. Read my first message. I've been living here for years. She has just become a legal driver, but at 16. My view wasn't blocked. I have never had an accident in my life. This isn't a busy street. I could see. There was no obstruction of view. The damage to the cars proves nothing except she wasn't paying attention to her environment. Going 19 mph would have given her ample time to stop. She was on the phone, apparently being coached. She had just taken her test! At 16! Be real. I didn't cause this.
Posted by MissJoy86 on 2010-06-21:
So...the moral of the story is, drive however the heck you want & others had better steer clear, but if they hit you because you pull out in front of them without enough time to clear the area, it's their fault. I get it...

...not really.

And by saying you were 'already' out in the street, stopped, changing gears... it doesn't mean anything other than you were where you didn't belong at that moment. Just because your car is stopped in the middle of a roadway doesn't grant you the right of way! I guarantee you if I pulled out (genuinely not seeing you there behind me) and you didn't have time to avoid me or stop, you would have been flabbergasted if I had blamed you.
Posted by Anonymous on 2010-06-21:
Sounds like you took the right of way from oncoming traffic.
I bet you received an impeeding traffic citation with the box check which indicates that you caused an accident as well. Am I correct?
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