You and the Law How an Auto Insurance Company Shouldn’t Act Part 2

“In June 2021, you had a hysterical article about a parking accident in a Jack in the box in St. Louis, Missouri, which involved a cast of characters suited to Saturday Night live, began an email from ‘Eddie’, a retiree State farm insurance claims manager on the East Coast.

“It was about the owner of a driving school who, without looking, backed up from a parking space and entered a car belonging to a 21-year-old university student. The driving school instructor admitted his fault, but my former employer, State farm, rocked this poor girl for months.

“Your story has provided a great education for consumers on how an insurance company shouldn’t act and has circulated widely among my former colleagues who are embarrassed by what happened.

“You indicated that the student was going to sue the driving school instructor in small claims court for material damage and promised to keep us informed. What was the end result?

New currency for State farm: The company that pursues you!

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As a reminder, university student Allison ashbrook was offered $ 1,700 through State farm total his car which had a current value of almost $ 5,000. Claims adjuster Ahron Espino sent a letter here stating that she was 25% liable, for “inattention and failure to take avoidance measures”, even though their insured admitted her fault.

Strangely enough, Espino referred to California insurance settlements, even though the accident occurred at 2,000 miles, in Missouri! This led to Allison finding my column and contacting me.

I left voice messages for the driving school instructor, Patrick gilfoy, urging him to bring in his lawyer and say State farm to settle the case so that he is not prosecuted. Apparently this never happened.

To small claims court

If I cause an accident, my insurance company is obligated to settle the claim – or at least try in good faith – so I don’t end up in court. Especially if I own a driving school, it doesn’t look good to me to be sued for causing an accident, does it? Do you think State farm Concerned about Patrick’s reputation as a driving school owner and his instructor?

Allison filed a complaint in small claims court with a complaint to the Missouri Department of Insurance. they contacted State farm, and guess what? She receives a letter saying, “We have reconsidered and you are zero percent at fault!” “

Don’t confuse me with the facts, just dismiss your lawsuit!

Although State farm admitted that their insured was at 100% at fault, Allison receives a letter from Gilfoy’s attorney, Theodore G. Hughes – who works for a law firm that represents State farm: “Patrick denies all claims in the small claims filing, and would like it to be dismissed.”

“He also called, was condescending and didn’t offer to compensate me at all!” (At least he’s consistent, hanging up on me when I tried to discuss the case.) But in court, he admitted the accident wasn’t my fault and said I didn’t. should be rewarded that $ 2,300 if I keep my car.

The small claims court judge awarded him $ 4,300 plus court costs. Corn State farm refused to pay her!

“Finally, I located their head of corporate responsibility at Missouri and sent him a copy of the judgment. I received their check a few days later.

Failed in his duty to Patrick

Saint Louis Attorney Cassie Bulgaski, who handles bad faith insurance cases, was happy that Allison was finally paid and has some submissions on the case that anyone with auto insurance should be aware of.

“The State Farm attorney was engaged to represent the best interests of his client, the insured, and not the best interests of State farm, and that’s something that should upset Patrick.

“His client’s best interest would have been to pay the young woman so that there would be no possibility of judgment against him. Although State farm paid the claim, it will still show up on a credit report and search for Missouri case.net that he had a judgment against him and could potentially cause problems for his business, future clients, etc.

“Shame on State farm for allowing him to go this far. Shame on them for letting in weak judgment when everything could have been avoided. They paid a lawyer to appear, they should have made better use of the funds spent on the lawyer and just paid the claim. On the contrary, they were more interested in being contentious.

What my reader learned from this experience

I asked Allison, “What did you learn from all of this? “

“Insurance companies don’t care about the audience, no matter what their TV ads are. I learned how to put my case together and put it on. By disseminating your column, newspapers offer invaluable value to their readers with such useful information! Thank you, Mr. Castor. “

Thanks Allison for contacting me.

Dennis beaver practices law in Bakersfield and welcomes comments and questions from readers, which can be faxed to 661-323-7993, or emailed to [email protected]. Also visit dennisbeaver.com.


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Justin D. O'Neill