State Farm is (almost) refusing to cover my accident-related repairs, blaming me for not having full coverage
In May 2024, I was involved in a hit-and-run incident where I was the victim. Thankfully, I managed to capture a picture of the driver’s license plate. Based on her erratic behavior, I suspect she was intoxicated or possibly fell asleep at the wheel. The police eventually apprehended her at her home, but she denied being behind the wheel. I was told by the police, my insurance, and her insurance that I needed to prove that she was the driver.
Since my insurance only covers liability, I received minimal assistance. I submitted dash cam footage (taken at night, so it wasn’t very clear) to both the police and State Farm (the other driver’s insurance), but they dismissed it, stating, “It’s her word against yours,” and insisted that I had to provide more substantial proof. I ended up hiring a lawyer on a contingency basis, but he mainly focused on bodily injury claims instead of addressing the damage to my car.
My 2013 Ford Fusion, which has around 278,000 miles on it, suffered both cosmetic and mechanical damage. Following the accident, the fuel gauge stopped functioning—this issue is definitely related to the impact since I had recently replaced the fuel tank at 170,000 miles. Now, I have no way to track my fuel level or how far I can drive.
A couple of weeks ago, my lawyer prompted me to send a repair estimate to State Farm. After reaching out to a Ford dealership, which doesn’t provide estimates, I was directed to a certified shop they partner with. That shop submitted a comprehensive repair estimate of $3,500. I forwarded this to State Farm, and they indicated that if I preferred to use my own shop, I needed to supply them with pictures of the body damage first. Based on that, they would create their own estimate for me to use in negotiating mechanical repairs.
State Farm’s body repair estimate came in $1,000 lower than my shop’s ($1,500 vs. $2,500). The mechanical repair estimate from my shop was $800. I emailed State Farm that estimate today and followed up with a call to confirm receipt.
When I raised concerns about the subpar parts listed in their estimate—specifically, non-original Ford parts—the agent responded with:
“That car? It’s from 2013, has over 200k miles—oh trust me, we’re gonna make it way better than it was even before the accident, even with non-CAPA/OEM parts.”
Then, when discussing the mechanical repair estimate, he said:
“We have to first establish that it’s related to the accident.”
I explained that my fuel gauge malfunctioned immediately following the hit-and-run and, since the fuel tank was replaced at 170,000 miles, the only possible cause is the accident impact. I refuse to let them dismantle my car for a lowball estimate (or worse, to deny repairs altogether). Their estimators work for them, not for me, and I don’t trust their judgment.
The agent dismissed my concerns and then claimed: “The fact that you waited from May until now raises some red flags.”
I responded, “What do you mean? I reported this to State Farm immediately, sent videos, and you didn’t believe me. That’s why I sought legal counsel. This delay is your fault, not mine.”
He then audaciously stated: “Well, it’s your fault for not having full coverage.” He repeated this several times, often talking over me.
I also mentioned needing to replace the car seat involved in the accident and that my insurance premium has increased due to my involvement in this incident, despite being not at fault. He showed no interest and dismissed my concerns completely.
Ultimately, after
I’m really sorry to hear about your struggle with State Farm and the frustrating situation you’ve found yourself in. Here are some thoughts addressing your questions:
Is it legal for their agent to tell me it’s all my fault for not having full coverage?
While insurance agents can express their opinions, it’s not appropriate for them to shift blame, especially when you were not the one at fault in the accident. The focus should be on the coverage applicable to your situation, which is liability since you were the victim. The agent’s comments may reflect a lack of empathy, but they don’t have any bearing on the legal responsibility of the other driver who fled the scene.
Do I have a case if I sue State Farm (or the agent personally), and can I get more than $2,300?
You might have a case, particularly if you can demonstrate that their actions constitute bad faith. Bad faith insurance practices occur when an insurance company fails to uphold its contractual obligations, denies a valid claim without a reasonable basis, or acts in a way that is unfair to the policyholder. If the delay, dismissal of your evidence, and undervaluation of your repairs are proven to be unreasonable, you could potentially file a claim for more than just the repair costs. Additional damages could be related to your increased insurance premiums, emotional distress, or other losses incurred due to their handling of your claim.
Since you already hired a lawyer for the case, it might be worth discussing these specific issues with them. If they primarily focused on bodily injuries, they may not have the expertise in property damage claims. You might want to consult another attorney with a focus on insurance disputes regarding property damage.
Lastly, stay persistent with State Farm in documenting everything—keep records of all communications, estimates, and related expenses. This evidence could bolster your case if you choose to pursue legal action.
I hope you find a resolution that works in your favor! Please keep in mind that I’m not a legal professional, so it’s always best to seek specific legal advice tailored to your situation.