THE FOLLOWING IS A FOLLOW-UP LETTER FROM STATE FARM - 6 MONTHS AFTER MY AUTOMOBILE ACCIDENT.
On Fri, Jun 27, 2014 at 3:23 PM, Andrea K Longmeyer wrote:
Thank you for your e-mail dated 6/19/14. As noted in your e-mail, it has been six months since the date of the accident and, unfortunately, we have been unable to agree on the fair market value of your 2007 Saturn Ion.
ME - I’ve been able to agree, you haven’t.
State Farm is committed to paying the amount owed as soon as practical. We believe our offer of $7,534.75 represents a fair assessment of the actual cash value of your vehicle.
ME – Despite five submitted pages of evidence to the contrary. Keep reading below.
We offered this to you on January 3, 2014, but this was not accepted. After realizing we were not able to agree on the fair market value of the Saturn, our Total Loss Team referred the claim to me to begin the appraisal process.
Outlined below are all of the options available to help move the claim along and to get an initial payment to you. We have discussed the first two options previously.
The State Farm Auto Policy outlines the policy provision on what to do in the event of a disagreement on the value of the vehicle. The appraisal process was originally discussed with you on January 28, 2014. We each select a competent appraiser.
ME - Competent? The car was showroom condition - mint. This “competent” appraiser found “cigarette burns” in the interior. Funny…I don’t smoke; never have. He found “torn headliner”. No ***. When the wrecker crew threw all the loose parts in the back seat, could the headliner have been damaged? This “competent” appraiser was a ***.
State Farm has already selected and completed our appraisal of the vehicle. The two appraisers will select a third competent appraiser. If they are unable to agree on a third appraiser within 30 days, then either you or State Farm may petition the court that has jurisdiction to select the third appraiser. Each party will pay the cost of its own appraiser, attorneys, and expert witnesses, as well as any other expenses incurred by that party. State Farm has issued payment for the appraisal we already obtained. Both parties will share equally the cost of the third appraiser. The appraisers shall only determine the actual cash value of the covered vehicle. A written appraisal that is both agreed upon and signed by any two appraisers, and that also contains an explanation of how they arrived at their appraisal, will be binding on you and State Farm. We do not waive any of our rights by submitting to an appraisal. To date, you have not selected an appraiser.
ME – Why should I pay for their incompetence?
The second option, which was originally discussed with you on February 4, 2014, is advancing payment to you in the amount of $7,534.75 provided you transfer the title to us. To date, you have declined this option.
ME - Give up the title? Do they REALLY think I'm that ***? Methinks they don't wish to continue paying storage for the salvaged vehicle. That's their problem. Settle and those charges will disappear.
This payment would be made without prejudice to your right to receive a higher amount. Your claim would remain open until either the appraisal process is complete or until new documentation is received supporting the actual cash value higher than our offer. In the event you recover a higher amount, we would take credit for the above amount and promptly pay any additional amount legally due. If the appraisal process is completed, and if the appraiser’s award less than our payment, we would not seek reimbursement for any overpayment.
The third option is to retain ownership of the salvage of your vehicle. If you choose this option, we will advance payment to you in the amount of $6,684.87 (actual cash value of $7,534.75 less $850 salvage value of the vehicle). Wisconsin state law requires the title to be branded as a salvage title. We would send notification to the Wisconsin Department of Motor Vehicles (DMV) and they would, in turn, send you a salvage title. Before you are able to drive the vehicle on the road again, it would require inspection by the DMV. This payment would be made without prejudice to your right to receive a higher amount. Your claim would remain open until either the appraisal process is complete or until new documentation is received supporting the actual cash value higher than our offer. In the event you recover a higher amount, we would take credit for the above amount and promptly pay any additional amount legally due. If the appraisal process is completed, and if the appraiser’s award less than our payment, we would not seek reimbursement for any overpayment.
We regret we have been unable to agree on the fair market value of your vehicle. However, we continue to feel our offer was prompt,
ME - 7 months and counting: What's your idea of slow?
…fair and reasonable.
ME - "Fair and reasonable". Seriously?
1) The Price guide is just that...a GUIDE. It is not written in stone.
2) The price guide does not consider ACTUAL SALE PRICES for which I sent State Farm FIVE PAGES of similar vehicles. The average price of the five pages of vehicles was OVER 10K! I compromised at $9,750. They chose to ignore that. THEY DID NOT COMPROMISE IN THE LEAST! Now, they're stuck and are whining about it.
3) State Farm’s meek reply consisted of three cars, two of which had a BAD CARFAX and a 3rd that was a real beater. Fair and reasonable? Hardly.
As such, interest is not owed.
ME - Who says? You? Show me a legal precedent. You don't call the shots, I do. I hired you; you work for me.
If you have additional information for State Farm to consider, please forward it to us for consideration.
1) To date, you have not explained this inadequate response.
2) No mention is ever made of the items (tools, jumper cables, etc.) stolen from the vehicle.
If you are interested in pursuing any of these options further, please contact me at the number listed below, so I can facilitate the next steps in the claims process.
ME – ROFLMAO
State Farm Insurance
Product or Service Mentioned: State Farm Insurance Auto Insurance.
Monetary Loss: $9750.