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Settlement dispute with Farmers Insurance

by Diane
(Bakersfield CA)

My husband was involved in a traffic accident at an uncontrolled residential intersection. He was traveling west to east on the "apex" of the road and had entered into the intersection.

The other driver was traveling south to north on the cross street. My husband had already entered into the intersection when then other driver entered the intersection and did not attempt to stop or avoid the collision.

My husband struck the other vehicle on the drivers door. The police technician at the scene stated that the other driver was at fault, but, according to the insurance company, the police report was "inconclusive".

Of course the other driver stated that he was in the intersection first, and Farmers has determined that since the police report was inconclusive that my husband was 80% at fault. The adjuster determined that my husbands Toyota pick was totaled.

Their settlement was Actual cash value: $2,273 + Sales tax: $113.27 + License Fee refund $18.00 - Salvage Value $900 - 20% Liability $1,203.42 for a check that totaled $300.85. They made the determination on their own that they were not going to pick up the vehicle and issued a salvage title.

I questioned them about it, and they say that it is their policy that if they are accepting full liability, they don't pick up the vehicle. My question is, can they do this.


Hello Diane,

Well, it depends what California law states about this (beyond what Farmers policy may be). Do they have to pick up the truck? If they total it, then they would to give you the option and they would have to adjust the payments. However, California may allow them to do this.

At this point, you probably need to talk to an attorney or talk to the California DMV and/or the Department of Insurance for a better answer.

Regarding the settlement, only you can settle the claim! You can argue that fault is not 80% 20%, but 70% 30%. It's a negotiation. See our section on fault for more information

Good Luck

Comments for Settlement dispute with Farmers Insurance

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Sep 17, 2011
Farmers is Dishonest
by: Donald

My car was just recently rearended by a Farmers insured driver. The other driver admitted guilt at the accident (duh) I was stopped at a red light.

She then told Farmers that only our licence plates touched.

Farmers came out and measured the damage on my car versus her car and concluded that they did not align.

They took no consideration for the fact that my car was stopped at the cross walk and my rear tires were in a gutter that crosses the road, thus making my car much lower at the point of immpact.

When they measured both cars, they were on level ground and equil surfaces, not anything like the actual circumstances.

I requested a further report as I knew there was no way to dispute my argument.

Farmers ageed that I had a point,but stated that their client refused to admit hitting my car.

I still have her proof of insurance card and home phone number in my posession.

Why would anyone it their right mind hand out that information to a total stranger without just cause.

Stay away from Farmers.

What insult to injury and our families stupid ways.

My 68y/o mom was hit from behind by another elder. Mom's head went through the back window of her pickup truck. After cutting the jamed door off mom's totaled Ford F150 loaded with hay, she and the other driver were taken by ambulance to the hospital.

When it was all said and done, my mother accepted a settlement of $1000.00 for her truck. I was furious.

We are not sue happy people, however I would have at least had Farmers provide me with a good or new truck.

Now she's back in a big car payment.

Farmers you dodged a big one there. Your client rear ends and hurts my mom, and she lets you off the hook for $1000.00 bucks.

Shame on you mom and Farmers.

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