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Complaint 1 of 13 in "Rear Ended"

Insurance Carrier: State Farm
State: Colorado

Consumer Complaint:

In May of 2005, my wife and I were rear ended. The accident was caused by driver insured by State Farm Insurance who rear ended the car 2 cars behind us.

My wife experienced some back/neck pain after the accident, and visited a chiropractor who confirmed an injury and was treated by him and a medical massage therapist. State Farm was aware of the injury and treatment. We were under the impression that a claim would be submitted to State Farm and they would pay the expenses.

 

We received a letter in October of this year from the chiropractor saying our bill would be turned to a collection agency if not paid. We contacted State Farm to see what was up. They asked us to submit a copy of all expenses related to treatment of this injury.

 

Today they called, to say since it was past the 3 year statute of limitations, they were not going to pay anything. I know the SOLl has expired, but it's not right that their insured driver caused this injury and they refuse to pay just because of the SOL.


Insurance Expert Answer:

While you'd likely lose in court as the insurance company would claim the Statute of Limitations applies, there is another avenue.

Complain in writing to the State Insurance Department in your state.

You're stating that State Farm got all the info to process the claim but failed to do so in '06. THAT MAY have violated the Unfair Claims Practices Law in which case the department may get involved.