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Client settled with State Farm for 2K... I undid it and got 70K (CSLG)
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Date: May 16th, 2018 1:33 AM Author: Bossy principal's office Prior to hiring me, the client spoke with the at fault party's insurance (State Farm), and settled in a recorded oral agreement for $2,000. The damage to her car was $1,500. Liability was clear.
She hired me and I called the adjuster and told her the release was invalid. She told me they wouldn't pay but I just ignored her and worked up the case. Then I sent this demand language after the client was done treating:
"It is also our understanding that you believe that our client has released her claims against your insured. This is not correct. First, under the Fair Claims Settlement Practices Regulations, where a party is unrepresented “the legal effect of the release must be disclosed and fully explained by the insurer to the claimant in writing.” Additionally, this alleged release was taken on October 30, 2017. The accident occurred on October 18, 2017. This alleged release did not include a CCP 1542 waiver. CCP 1542 states that, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debt.” Thus, twelve days after the accident, Ms. [REDACTED] was not aware of the full extent of her damages and could not have waived her unknown claims under a general release. If State Farm maintains its position on this release we will immediately file against your insured and also name State Farm as a defendant and include a cause of action for fraud and unfair business practices under California Business and Professions Code 17200."
State Farm hired outside counsel and apparently they told them I was correct. They called me today and made an offer. After grinding them down, we got the case resolved for 70K (65K + 5K in medpay we got from first-party). Client is thrilled.
Links:
Taking questions.
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Date: May 16th, 2018 2:13 AM Author: Zippy Fiercely-loyal Corn Cake Site 180 work, achi.
how stupid/incompetent is state farm? is it standard practice for them to take oral releases like this, or was it an idiot/rogue adjuster? it's so clearly against the law. do other insurers pull this crap? |
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Date: May 16th, 2018 2:15 AM Author: Bossy principal's office It's not that common (only seen it a few times). But that could be because most people don't call a lawyer after an oral release because they believe they lost their rights.
It's more common for them to "meet you for coffee" and bring a release. In those situations its really hard to undo it because they include 1542 waivers in writing. |
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Date: May 16th, 2018 2:18 AM Author: Zippy Fiercely-loyal Corn Cake Site ljl adjusters "meet you for coffee" rather than just send a fucking release in the mail? that's hilarious.
how hard is it to undo a 1542 waiver if not represented by counsel, unenforceable contract of adhesion, etc.? do any of those 1L legal theories ever work? |
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Date: May 16th, 2018 2:25 AM Author: Bossy principal's office They do it in person because they kind of just spring it on you. They say they just want to meet to discuss the claim. It's a lot easier to do it in person because you catch the claimant off guard. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059901) |
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Date: May 16th, 2018 10:04 AM Author: Crawly light brunch preventive strike do you even shitlaw? If they send it in the mail you give the person time to think it over and maybe call an attorney. Over coffee it's here sign this, it's just a normal form, boring old paperwork haha, sign and I can hand you a check *right this very second*, and hmm this guy seems nice, he sprang for my mocha caramel cappucino, might as well get this over with (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061008) |
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Date: May 16th, 2018 10:33 AM Author: Zippy Fiercely-loyal Corn Cake Site it's just lulzy. adjusters run around and have coffee with people all day? this is the standard way cases are settled? (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061190) |
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Date: May 16th, 2018 2:18 AM Author: Zippy Fiercely-loyal Corn Cake Site btw, what made her call you after signing the release? did injuries get worse? someone told her to lawyer up? (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059890) |
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Date: May 16th, 2018 2:21 AM Author: Bossy principal's office Her uncle is a biglaw partner in Florida and flipped out when he heard about this. Told her to get professional advice. She is in her early 20's. My friend's husband is a partner in the LA office of that firm and referred them to me. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059893) |
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Date: May 16th, 2018 2:24 AM Author: narrow-minded hominid Does he get a % cut? (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059899) |
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Date: May 16th, 2018 2:26 AM Author: Bossy principal's office No. I am paying my friend's husband in LA a referral fee though. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059903) |
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Date: May 16th, 2018 2:23 AM Author: at-the-ready university What states other than CA should I consider to replicate your success? I'm looking into different bar exams at the moment (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059897) |
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Date: May 16th, 2018 2:26 AM Author: Bossy principal's office Move to California. Nowhere else is like it. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059905) |
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Date: May 16th, 2018 9:53 AM Author: Crawly light brunch preventive strike it's another 'kooky' CA law. in 40+ states that release would probably have been valid. SF adjusters (105 IQ) can't be expected to remember which is which. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060954) |
Date: May 16th, 2018 1:36 AM Author: Khaki Concupiscible Digit Ratio Flying to cali tomorrow just to brake check someone driving a fancy car. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059798) |
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Date: May 16th, 2018 10:07 AM Author: Obsidian Trust Fund Den This guy gets it! (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061015) |
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Date: May 16th, 2018 6:05 PM Author: fragrant unholy hospital At this point you’d be crazy not to. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36064333) |
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Date: May 16th, 2018 1:37 AM Author: Vermilion sticky piazza 180 (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059804) |
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Date: May 16th, 2018 1:38 AM Author: Pink underhanded menage 180 (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059807) |
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Date: May 16th, 2018 1:42 AM Author: fantasy-prone flickering plaza can I send you an email regarding a situation a friend has found himself in? He's probably fucked, but if he could be less fucked, I'd feel good about it. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059817) |
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Date: May 16th, 2018 1:47 AM Author: Bossy principal's office calishitlawguru@gmail.com (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059824) |
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Date: May 16th, 2018 1:48 AM Author: fantasy-prone flickering plaza ty
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Date: May 16th, 2018 1:58 AM Author: fantasy-prone flickering plaza sent (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059844) |
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Date: May 16th, 2018 2:04 AM Author: Bossy principal's office Just replied with my real info. Call my cell tomorrow around 11am and I can give you the answers you need. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059857) |
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Date: May 16th, 2018 1:51 AM Author: Adulterous kitchen incel what does the 70k cover? (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059829) |
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Date: May 16th, 2018 1:53 AM Author: Bossy principal's office Everything. Threeway split. I made a third, doctors took a third, and client's net was a third. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059833) |
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Date: May 16th, 2018 1:51 AM Author: violent jade center stock car Dude my dad got hit by some guy and his insurance hasnt paid him to date. This happened 2 months ago. Want me to send you the correspondence? (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059830) |
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Date: May 16th, 2018 1:53 AM Author: Bossy principal's office Is this in California? Send me what you've got. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059832) |
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Date: May 16th, 2018 1:55 AM Author: violent jade center stock car yes in california (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059835) |
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Date: May 16th, 2018 1:56 AM Author: Bossy principal's office You should have e-mailed me right away. Probably could have gotten your dad a lot of money =(
Shoot me and e-mail and we can chat about it tomorrow. |
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Date: May 16th, 2018 2:11 AM Author: Floppy hell Cr (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059873) |
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Date: May 16th, 2018 2:20 AM Author: Glittery brethren queen of the night 180 (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059892) |
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Date: May 16th, 2018 2:23 AM Author: awkward dragon institution CSLG is one of our best poasters (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059898) |
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Date: May 16th, 2018 2:26 AM Author: Bossy principal's office TY (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059906) |
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Date: May 16th, 2018 9:23 AM Author: Gold bearded halford theater (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060762) |
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Date: May 16th, 2018 9:20 AM Author: Bossy principal's office (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060738) |
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Date: May 16th, 2018 9:24 AM Author: Charcoal area gay wizard 180. Nice work. Wish we had that code provision where I live. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060773) |
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Date: May 16th, 2018 9:54 AM Author: Crawly light brunch preventive strike call your senator and representative (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060959) |
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Date: May 16th, 2018 9:57 AM Author: Bossy principal's office I think it makes sense though. Carriers try to settle people out for pennies and most consumers don't understand they can't get more money later if they are still hurt. So requiring it to be in writing if they are unrepresented seems like a good thing. And, it's not overly burdensome on the carrier who simply needs to just give them some information on a prewritten form. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060977) |
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Date: May 16th, 2018 9:58 AM Author: racy cheese-eating address CSG 4 President (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060978) |
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Date: May 16th, 2018 10:02 AM Author: Galvanic Purple Office (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060997) |
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Date: May 16th, 2018 10:07 AM Author: Bossy principal's office Ya, I noticed that a few minutes ago and redacted it. Good looking out though. It was just a generic last name so it shouldn't have disclosed much. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061019) |
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Date: May 16th, 2018 10:39 AM Author: slap-happy bronze personal credit line Fucking heroic. (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061233) |
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Date: May 16th, 2018 6:07 PM Author: Spectacular sadistic orchestra pit idea he suggested (http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36064348) |