Dell & Schaefer Overturn State Farm Denial And Win Policy Limits

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Client Gets Into An Accident

Our client, a middle aged woman, was driving her vehicle and came upon an intersection. As she entered into the intersection, another driver struck her in the perpendicular direction and caused our client’s car to spin around and land up on the curb. Our client was severely injured and suffered a concussion. The day after the accident, State Farm, the insurance company for the other driver, called our client to take a statement. It is important to note that our client had not called our firm yet, nor hired our firm. Not realizing that victims in accidents should never speak to an insurance company without first consulting an attorney, our client decided to talk to State Farm. Little did she know the purpose of the call was to elicit information from our client that would ultimately hurt our client’s case. State Farm put on a nice show and made our client feel that State Farm cared about her and wanted to help her out. Our client was still dazed and confused from the day earlier and when State Farm asked our client how the accident happened, our client said she did not remember much from the accident. State Farm’s client had already given a statement that State Farm’s client had a green light and that our client had a red light. So after our client was unable to remember what happened, State Farm instantly hung up the phone and believed they had sufficient grounds to deny our client’s injury claim.

Client Retains Dell & Schaefer

Our client hired our firm approximately one week after giving a statement to State Farm. Once State Farm received our letter of representation, we received a denial letter stating that our client was at fault in the accident. When we contacted State Farm they informed us that they had taken a statement from our client where she did not recall what happened. Since she did not recall what happened, and State Farm’s driver said she had a green light, then our firm could not prove their client did anything wrong. Our firm quickly dismissed such a ridiculous notion. We immediately filed a bodily injury demand letter and stated the real version of what happened that fateful day. Our client informed us that although she did not see the light sequence at the time of impact, she did remember that the traffic on the right side of her crossed the intersection at the same time she did. We argued it would be near impossible that the drivers of two cars both ran red lights at the same time. As a result, it was our position that State Farm’s client was fabricating the light sequence in order to protect herself from liability in a lawsuit. We demanded the policy limits for our client. State Farm obviously understood that their client could be exposed to liability and they instantly tendered out the policy limits.

Our client was absolutely thrilled that our firm went the extra mile. Often when a lawyer receives a denial letter he or she will drop the case. But not our firm will never do that. We will fight until we get every last dollar our clients are entitled to under the law.

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