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Personally, I hardly ever settle cases pre-suit, and honestly I prefer it that way. The only times cases are able to settle quickly pre-suit is if 1) the case value so greatly exceeds the policy limits that the insurance just pays the policy, or 2) if I'm willing to give the case away for one reason or another. Trying to settle cases for fair value when there is a legitimate policy for them to defend is a virtual impossibility. By the time you put together your specials and demand package, you've done 75% of the work towards answering formal discovery demands. So inevitably when the case doesn't settle pre-suit, you wind up basically doing all that same work all over again. Might as well just put the case in suit, stop the empty threats of litigation, be a pain in their ass that now they can't get rid of, and just litigate the damn case for fair value. Plus the client will be happy that something is actually happening, not just getting jerked around waiting.
And serve lots of discovery. If they give you bs answers move to compel. Make their lives miserable!
File suit. This is the way.
As someone who used to work for a State Farm captive counsel firm, yes.
Progressive is a worse offender believe it or not. State farm can sometimes be reasonable but it's hit or miss and they're the least likely to move up to a reasonable number. They also have the worst and most asinine defense lawyers in my area.
State Farm sux.
If it’s higher than a minimal MVA policy, then yes, I unfortunately agree. The only exception is that, for whatever reason, I am usually able to settle dog bite cases pre-suit with them.
Pro
There’s no point in continuing to reduce my demand and have them come up $500. I’m just shooting myself in the foot for when we mediate and they try to hold me to my final pre-suit demand. I might as well just stick to the higher number and file suit.
Allstate is horrible as well!
I have settled some cases pre-suit with State Farm. It's definitely the rare exception rather than the rule. But because the possibility exists, I send the demand and at least try.
They’re all terrible, State Farm, Farmers, Allstate, only good ones are USAA and Country Financial, we just got $30k on a case from Farmers after last pre-suit offer was $20k, we got policy limits offer on pedestrian case with Allstate where last pre-suit offer was $11k, we got $50k limits when last pre-suit offer was $17k
Counsel just laughs when I tell him were filing suit on all cases with one particular adjuster, we will never negotiate pre-suit with this one guy, I said because I’m always making more money on his case in litigation, so why wouldn’t I
Just suit it. If you see they’re being unreasonable, suit it. They don’t want to have to pay to litigate the case just for them to end up paying out what you originally demanded
I’ve done plaintiff side and defense . I haven’t had State Farm as a client specifically, but I’m in NY and I can’t imagine any defense firm accepting less than $150-170/hr for associate and 200$ for partner.
This is assuming the case is actually legit or a min. Policy (25k in NY) that could theoretically survive a threshold motion.
The worst is NJM. They don’t settle for sh*t - even after suit is filed. State Farm sucks but they’re way more reasonable lol