Negotiating against a low ball State Farm settlement offer Injured? Lawyer up before you sign a check.

State Farm Settlement Payout Process:

  1. State Farm claim phone number: Call the number on the back of your proof of insurance card or dial the national phone number: (800) 732-5246.
  2. Claim time limit: Most states have strict yet complex statute of limitations rules such as “you must bring a claim within 3 years of the date of discovery of the injury”. It’s complicated. Act fast - the insurance company will.
  3. Repair shops: State Farm requests insurance customers to use a State Farm-approved auto repair facility. However, this suggestion serves only to save the insurance company money. In reality, you can go wherever you want for repair service. Tell your insurance company your favorite auto shop will do the work.
  4. Settlement negotiation: Insurance companies like State Farm Insurance Association have teams of professionals dedicated to limiting or denying your settlement payout. For small claims not involving injury, you might want a lawyer for property damage or a bad faith insurance claim. If you were injured, a personal injury lawyer can help you assess all damages. 
  5. Reviews for State Farm Insurance Association: State Farm Google Review page

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How can I get a higher settlement from my State Farm Insurance Claim?

State Farm is the biggest auto insurer in the nation, making hundreds of millions in profit each year. The Warshafsky personal injury legal team includes former insurance industry attorneys, and we know insurance companies don’t make huge profits by paying the full value of customers’ claims. Not without a fight.

State Farm isn’t evil, but they are a business first and a “good neighbor” second. If you’ve been injured in a car wreck or hit and run accident, your best chance of recovering the money you deserve is with an experienced Milwaukee auto accident lawyer

Maximize your settlement by not accepting State Farm's initial offer, then hire an aggressive personal injury lawyer to help you calculate the expenses and get the highest possible settlement. The aggressive attorneys of Warshafsky prepare EVERY case to win at trial—and insurers know it. Even less threatening injuries like whiplash can mean weeks of rehabilitation therapy, added bills, inability to work, etc. If you think the settlement is unfair, make a counteroffer and don't let the insurance company lowball you.

If your injury occurred on workplace property, while using workplace vehicles, or while carrying out the duties of your job, schedule a free consultation with a worker's compensation lawyer to discuss the true value of your claim.

Injured? it is about the money®

How do I get my State Farm settlement check?

You can report your State Farm claim online, using their mobile app, by calling an 800 number, or by contacting your agent. During the claim process with State Farm, you can expect anyone you meet—a customer service representative, liability examiner, or claims adjuster to assure you they are working for your best interest. Don’t fall for it.

Factors affecting your State Farm payout

Don’t admit fault or volunteer information.

Anything you say to any State Farm representative will be recorded and if possible used to dispute or deny your claim.

The insurance company will collect information from the accident scene, witnesses, police reports, and more. Whenever possible, the information they gather will be used to delay, dispute or deny your claim.

It is extremely unwise to sign medical authorization forms without consulting an attorney.

A State Farm claim adjuster may ask you to sign medical authorization forms granting the insurance company access to all your medical records. 

Even unrelated or long-past details from your personal medical history can be used to deny or dispute your claim. Remember: the person you are speaking with may be nice, but the job of every insurance employee is to make your claim go away for as little money as possible.

An experienced personal injury attorney can determine which medical records must be provided and when it's appropriate to share them, protecting your right to collect for pain and suffering in an auto accident.

Handling a State Farm claim without an attorney

Insurance adjusters are trained to settle injury claims quickly with the smallest possible payout. The best way to handle a claims adjuster is to speak to a personal injury attorney first and have them take over all communication.

If you choose to settle your claim on your own, there are important things to keep in mind:

A printed settlement check is only an offer.

It’s not a definitive statement of the value of your claim. Usually, it’s a lowball offer they hope you’ll take.
Once you deposit the check, the case is closed and you can never pursue further compensation for your injuries. Our advice: Don’t cash it. At least not until you meet with an attorney during a free initial consultation.

There is a statute of limitations on personal injury claims.

In Wisconsin, the statute of limitations is 3 years. After that, your one bargaining chip is lost and you will have to take whatever settlement amount State Farm offers.

Insurance companies are notorious for delaying claims past the statute of limitations, forcing you to accept their offer. Your best chance of getting the settlement amount you deserve is with a personal injury lawyer.

If an insurance company representative advises you not to speak to an attorney, don’t listen.

It’s in their best interest for you to settle your claim on your own. They may tell YOU not to hire a lawyer, but they have dozens if not hundreds of lawyers protecting their own interests. Show them you mean business with representation of your own.

How to negotiate against a lowball State Farm settlement offer

Do your homework.

Be prepared to explain the reason for your injury claim. If you can make specific points proving the value of your claim it demonstrates knowledge of the process and shows the claims adjuster you’re serious.

Do the math.

Save every medical bill, receipts for prescription or non-prescription medical expenses (braces, bandages), written repair estimates, mileage going to and from the doctor, and any other related costs.

Costs to consider when calculating the value of your claim:

  • Property damage
  • Car rental
  • Deductible
  • Hospital deductible
  • Prescription drugs
  • Chiropractic care
  • Pain and suffering
  • Lost wages
  • Future medical expenses
  • Subrogation

Subrogation means if you were injured in an accident resulting in damages, your health insurance company has the right to seek reimbursement for their payments.

Don’t be rushed.

You WILL get a low-ball settlement offer, and settlement negotiations can drain your time and energy. Making the process difficult and time-consuming is part of their strategy. Always be polite and respectful, and keep in mind the time limit for filing a lawsuit.

Don’t trust “sign and settle” lawyers.

A firm or attorney boasting about how many cases they’ve settled is probably a settlement mill. They’re quick to take their cut of an insurance payout and move on to the next case—regardless of whether the amount fairly compensates damages and pain and suffering.

Consider talking to a personal injury attorney experienced in dealing with insurance companies.

You may be wondering how to file a personal injury claim without a lawyer, but you should know your chance of arriving at a fair settlement amount is much higher with the help of an experienced team of personal injury lawyers. Warshafsky Law has a reputation for winning huge settlement amounts in jury trials, and our reputation typically prompts a much higher settlement offer from insurance companies. Don't take chances with your one chance to collect compensation--make sure your rights are protected and your State Farm claim is properly valued.

Contact our personal injury law firm to schedule a free initial legal consultation on your personal injury claim case.


6 WI Car Accident Laws that Impact your claim

What to know about State Farm repairs after your car accident

A "State Farm repair shop in Wisconsin" is a myth, plus 3 other lies

Lie #1: “We’d like to get this taken care of for you as quickly as possible.”

When the State Farm insurance rep tells you “I know how frustrating this must be” and “We want to get this taken care of for you as quickly as possible,” watch out. They know how inconvenient it is to be without a car, so they know you’ll probably do whatever they ask to get the work done.

Lie #2: “There’s a State Farm body shop near you…”

A repair shop near you, fantastic! They really went out of their way for you. Well, maybe not.

In truth, no one working for State Farm is looking out for your best interests. They’re looking for the cheapest way to get your car fixed. The shop “near you” isn’t necessarily the best shop to repair your car, and it may not even be the nearest shop.

Do you know a body shop where you’d like to have your car repaired? Tell the insurance company. You have no obligation to get your car repaired at the shop State Farm tells you to. It isn’t like health insurance.

Lie #3: “Aftermarket parts are just as good as the OEM parts”

If you’re going to have parts of your car replaced, you want them replaced with OEM parts—not aftermarket parts. If the insurance company or the shop tells you there’s no difference, they’re lying. Aftermarket parts are notorious for not fitting as well as OEM parts, not lasting as long, and not working as well.

State Farm is just looking to get the job done as cheaply as possible. Although it’s virtually impossible to get new OEM parts for an older car, there’s no reason why you can’t get OEM parts for a late model car, and no reason to settle for anything less.

The Big Lie in Personal Injury Settlements

The biggest lie you’ll get from an insurance company is that their settlement offer is the best they can do. Question this and they’ll launch into a long explanation of how they cover “all reasonable costs.”

If you’ve been unable to work because of your accident and bill collectors are hounding you, their settlement check brings instant relief. Our advice: Don’t cash it! As soon as you do, you’ve waived your right to litigate for a higher settlement. Instead, get the opinion of an experienced personal injury attorney. If you can, we recommend you contact us even before reporting your accident to State Farm.

Contact Warshafsky to get a FREE case assessment today and take action to get the money you deserve for your injuries.

How much will State Farm pay for pain and suffering?

State Farm does occasionally pay for pain and suffering, usually smaller amounts between $250-$1000. The typical payout for pain and suffering claims from any insurance company is less than $15,000.

How much does your insurance go up after an accident with State Farm in Wisconsin?

On average your State Farm insurance will go up by 18% after an at-fault car accident. In Wisconsin, the average yearly car insurance payments increased by 47% after an at-fault accident.

How long does it take State Farm to settle a claim in Wisconsin?

According to State Farm, it takes most people around two weeks to settle a claim. In Wisconsin, an insurance company has 30 days to pay a claim after receiving written notice reporting a loss. This is mandatory under Wisconsin law §628.46.