Pines Salomon Personal Injury Lawyers | April 13, 2025 | Personal Injury
State Farm settles millions of claims every year. It likely settles thousands of cases per year in San Diego alone. State Farm’s sheer size, however, has the potential to bog down its operations in red tape. Another factor that might slow down claim resolution is State Farm’s use of delaying tactics to reduce the value of claims.
Below is a summary of the claims process along with ballpark estimates of time expenditure.
Gathering Evidence
You will need to gather relevant evidence before you can submit a formal claim to State Farm. Depending on the facts of your case, this might include witness statements, photographs of the scene of the accident, physical evidence, expert testimony, a written report of the accident, and many other forms of evidence. This process might take a few weeks.
Drafting and Sending a Demand Letter
You should send State Farm a formal written letter, signed by you and your lawyer, that demands compensation for your injuries. Include supporting documentation such as medical records and other evidence supporting your claim.
Once you have gathered evidence, a demand letter should take a few more days at most.
Negotiating Your Claim
Negotiation skills have nothing to do with the merits of your claim, but they do matter. In fact, sometimes they are decisive. Negotiations can last weeks, months, and in rare cases, years.
State Farm Delaying Tactics
State Farm insurance adjusters, like insurance adjusters from other companies, might apply some of the following delaying tactics to gain an advantage in claim negotiations:
- Pretending to be your friend so that you drop your guard. Never forget that your interests are directly adverse to State Farm’s interests.
- Arbitrarily delaying or even denying your claim.
- Misinterpreting policy language to their advantage.
- Using your social network posts as evidence against you.
- Shifting the blame for the accident to you. Even a partial reassignment of fault can result in significant financial consequences.
- Asserting that your injury predated the accident.
Retaining a skilled personal injury lawyer with a strong reputation will go a long way towards deterring exploitative behavior by a State Farm insurance adjuster.
Mediation
In mediation, a trained third party helps you resolve your dispute. Successful mediation speeds up the resolution of a claim. If it is unsuccessful, however, it might delay resolution by a few weeks.
File a Lawsuit if Necessary
If State Farm is being stubborn or if the statute of limitations deadline is looming, you might decide to “play hardball” by filing a lawsuit. One advantage of filing a lawsuit is that both sides gain access to the pretrial discovery process.
The Pretrial Discovery Process
During pretrial discovery, each side can demand evidence that is in the possession of the other side. This includes testimony (verbal depositions), information (written interrogatories), documents, and physical evidence. Pretrial discovery takes time, varying substantially depending on the case.
Draft and Sign a Settlement Agreement
Once you have reached an agreement, you can sign a settlement agreement that should end the dispute. The terms of the settlement agreement should reflect the parties’ final negotiating positions.
Special Case: Wrongful Death Claims
If the victim dies while their personal injury case is pending, an eligible close relative can file a wrongful death claim against State Farm or take their claim to court. The rules for wrongful death lawsuits differ from the rules for personal injury claims, especially with respect to damages.
Schedule a Free Consultation With a Personal Injury Lawyer
Almost any personal injury lawyer will schedule you a free initial consultation if you have a credible claim against State Farm. You don’t need much money to hire a lawyer, because personal injury law firms work on a contingency fee arrangement, meaning you only pay attorney’s fees if you win.
The sooner you begin pursuing your claim, the better your chances of a generous settlement. Get in touch with an attorney today to get started.
Contact the Personal Injury Lawyers of Pines Salomon Injury Lawyers in San Diego, CA, for Help Today
For more information, contact an experienced Personal Injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
