State Farm Car Accident Claim After a Dallas Wreck: What Injured Victims Need to Know

Opening a State Farm claim after a Dallas car accident may be relatively straightforward.

Proving what the claim is actually worth can be much harder.

After a serious wreck, State Farm may be investigating issues such as:

• Who caused the collision;

• Whether the State Farm policy provides coverage;

• Whether you were partly responsible for the crash;

• Whether the collision caused your injuries;

• Whether your medical treatment was reasonable and related to the wreck;

• How much income you lost;

• Whether you will need future medical treatment; and

• What amount State Farm believes should resolve the claim.

State Farm explains that an auto claim can be reported through its website, mobile app, or by phone. The company may then review the claim, request photographs or documents, evaluate the damage, and discuss a resolution. State Farm also provides a process for people who were involved in an accident with one of its policyholders even if they are not State Farm customers.

But filing a State Farm claim and receiving fair compensation for a serious injury claim are two different things.

If State Farm insures the driver who caused your Dallas wreck, the State Farm adjuster is investigating the claim on behalf of the insurance company and its insured.

The adjuster is not your lawyer.

If you suffered significant injuries, required substantial medical treatment, lost income, may need surgery, or have received a settlement offer that does not seem to reflect the seriousness of your injuries, consider speaking with a Dallas car accident lawyer before signing a release.

How Does a State Farm Car Accident Claim Work in Dallas?

Every State Farm injury claim is different, but several issues commonly determine how the claim progresses.

Liability

Before paying a third-party bodily injury claim, State Farm will generally investigate who caused the collision.

That investigation may include:

• Statements from the drivers;

• The police crash report;

• Photographs;

• Dash-camera video;

• Surveillance footage;

• Witness statements;

• Vehicle damage;

• Traffic citations;

• Electronic vehicle information; and

• Other evidence concerning how the crash happened.

Do not assume the adjuster will automatically accept the police officer's initial conclusion.

Insurance companies can conduct their own liability investigation.

If State Farm believes you were partly responsible for the wreck, the company may attempt to reduce or deny the claim based on comparative responsibility.

If an adjuster starts asking questions such as whether you were speeding, distracted, looking at your phone, or could have avoided the collision, read our guide about what to say—and what not to say—when an insurance adjuster calls after a Dallas wreck.

Insurance Coverage

The next question is whether the State Farm policy actually covers the driver and the collision.

Coverage issues may arise when:

• Someone other than the named insured was driving;

• The vehicle was borrowed;

• The vehicle was being used for business;

• A rideshare or delivery application was being used;

• The policy had supposedly expired or been cancelled;

• The driver was excluded from the policy;

• Multiple insurance policies may apply; or

• State Farm disputes whether the vehicle qualifies as a covered vehicle.

A statement that State Farm is “investigating coverage” does not necessarily mean there is no insurance.

It means the company is evaluating whether the policy applies.

If State Farm denies coverage, ask for the denial in writing and keep every document the company sends you.

You can learn more in our article explaining why an insurance coverage denial does not always mean there is no coverage.

Your Injuries and Medical Treatment

State Farm may also evaluate whether your medical treatment is related to the collision.

An adjuster may look at:

• When you first sought treatment;

• What symptoms you initially reported;

• Whether your condition worsened;

• MRI or other imaging findings;

• Prior injuries involving the same body part;

• Gaps in treatment;

• Whether a doctor recommends injections or surgery;

• Whether you missed work; and

• Whether you have permanent limitations.

This is one reason it can be difficult to accurately evaluate a claim immediately after the crash.

Some injuries become clearer only after diagnostic testing, follow-up examinations, or unsuccessful conservative treatment.

If you are still receiving treatment, be careful about settling your claim before you understand the extent of your injuries.

Our guide to getting medical care after a Dallas car accident explains some of the medical-billing and treatment issues that frequently arise.

What If State Farm Insures the Driver Who Hit Me?

If another driver caused your Dallas accident and that driver has State Farm liability insurance, you will ordinarily be pursuing a claim arising from that driver's liability coverage.

This is a third-party insurance claim.

That distinction is important.

The State Farm adjuster handling the other driver's liability claim does not represent you.

The adjuster may ask you for:

• A recorded statement;

• Medical records;

• Medical bills;

• Employment information;

• Wage-loss records;

• Prior medical history;

• Photographs;

• A medical authorization; or

• Other documentation.

Some information may legitimately be necessary to evaluate your claim.

That does not mean you should automatically provide unlimited access to everything State Farm requests.

For example, a broad medical authorization may give an insurance company access to records that have little or nothing to do with the collision.

Before signing an authorization, understand exactly what records it allows the company to obtain.

Should I Give State Farm a Recorded Statement?

Be careful before giving the other driver's State Farm adjuster a recorded statement.

The adjuster may tell you that a statement is routine.

But a recorded statement creates a permanent record of what you say shortly after the accident.

That statement may later be compared with:

• Your medical records;

• The police report;

• Witness testimony;

• Your deposition;

• Statements from the other driver; or

• Evidence discovered later.

A seemingly harmless answer can become important.

For example:

“I'm doing okay.”

You may simply mean that you survived the crash.

An adjuster could later characterize that statement as evidence that you were not seriously injured.

Or the adjuster may ask:

“You didn't see the other car before impact?”

You might answer “no” because the collision happened suddenly.

That response could later be used in an argument that you were distracted or failed to keep a proper lookout.

Do not guess.

If you do not know an answer, say that you do not know.

Our article on insurance-company calls after Dallas car and truck wrecks discusses these questions in greater detail.

What If I Also Have State Farm Insurance?

Things can become more complicated when State Farm insures both you and the driver who caused the accident.

You may have several different claims arising from the same collision.

For example:

• The other driver's State Farm liability claim;

• Your collision claim;

• A Personal Injury Protection claim;

• A Medical Payments claim;

• An uninsured or underinsured motorist claim; or

• Another first-party coverage claim.

Do not assume every State Farm adjuster who contacts you is handling the same claim.

Ask:

“Which claim are you handling?”

You should know whether the adjuster represents the liability side of the claim or is dealing with benefits available under your own policy.

Your contractual obligations when dealing with your own insurer may be different from your obligations to an adjuster handling another driver's liability claim.

We explain this issue further in our article about what happens when you and the driver who hit you have the same insurance company.

Why Might State Farm Make a Low Settlement Offer?

There is no universal formula that determines what State Farm will offer.

Settlement values depend on the evidence and facts of the individual case.

However, an insurer may dispute or discount portions of a claim because it believes:

• You were partly responsible for the collision;

• You waited too long to seek medical care;

• There were gaps in your treatment;

• Your injuries existed before the wreck;

• The impact was not severe enough to cause the claimed injuries;

• Some treatment was unnecessary;

• Medical charges are excessive;

• You recovered quickly;

• Lost wages are insufficiently documented;

• Future medical treatment is uncertain; or

• Your overall damages are lower than you claim.

These are arguments.

They are not necessarily facts.

A Dallas car accident lawyer can gather the evidence necessary to challenge unsupported assumptions about liability, causation, medical treatment, or damages.

What Determines the Value of a State Farm Injury Claim?

There is no fixed “State Farm settlement amount.”

The value of a Dallas car accident claim depends on the underlying damages you can prove.

Severity of the Injury

A temporary muscle strain is different from an injury involving:

• A herniated disc;

• Surgery;

• A fracture;

• A torn rotator cuff;

• A knee injury;

• A traumatic brain injury;

• Permanent nerve damage;

• Scarring;

• Chronic pain; or

• Permanent impairment.

The nature and expected duration of the injury matter.

Medical Treatment

Evidence may include:

• Emergency room records;

• Ambulance records;

• Primary-care records;

• MRIs;

• CT scans;

• Orthopedic evaluations;

• Neurological evaluations;

• Physical therapy;

• Pain-management treatment;

• Injections;

• Surgical recommendations; and

• Operative reports.

The medical evidence helps establish what injuries occurred and what treatment may be needed in the future.

Lost Income

A claim may include wages lost because of the crash.

Depending on the circumstances, evidence might include:

• Paychecks;

• Tax returns;

• Employer statements;

• Attendance records;

• Disability slips;

• Employment contracts; or

• Expert testimony concerning loss of earning capacity.

Future Medical Care

Future treatment can significantly affect the value of a serious-injury claim.

If a doctor reasonably expects that you will need future surgery, injections, therapy, medication, or other medical care, those anticipated expenses may become part of the damages analysis.

Pain and Effect on Daily Life

A personal-injury claim involves more than medical invoices.

Depending on the facts, Texas law may allow an injured person to pursue damages for losses such as:

• Physical pain;

• Mental anguish;

• Physical impairment;

• Disfigurement;

• Past medical expenses;

• Future medical expenses;

• Lost wages; and

• Loss of earning capacity.

The availability and amount of damages depend on the evidence in the individual case.

Should I Accept State Farm's First Settlement Offer?

Not automatically.

The important question is not whether an offer is the “first offer.”

The question is whether the offer fairly accounts for the full extent of your damages.

Before settling, consider whether you know:

• Your final diagnosis;

• Whether you need additional treatment;

• Whether surgery may be necessary;

• Whether you can return to your prior job;

• How much income you have lost;

• Whether you have permanent restrictions;

• The available insurance limits;

• Whether additional insurance coverage exists; and

• What medical bills or liens must be paid from the settlement.

Once you sign a final bodily injury release, you generally cannot return later and demand more money simply because your condition worsened.

This is particularly important when the insurance company attempts to settle the claim while you are still treating.

What If the State Farm Driver Does Not Have Enough Insurance?

A serious injury can exceed the available liability insurance.

Texas drivers may carry relatively limited bodily injury coverage.

If your damages exceed the State Farm driver's available limits, other insurance may become important.

One possibility is your own underinsured motorist coverage, commonly called UIM.

Texas insurers generally must offer UM/UIM coverage, although the coverage can be rejected in writing.

Depending on your policy and the facts, your own UM/UIM coverage may help when the responsible driver does not have enough insurance to compensate you fully.

Learn more in our guide to Texas uninsured and underinsured motorist coverage and our Dallas UM/UIM practice page.

What Should I Do After Opening a State Farm Claim?

If you were injured in a Dallas wreck involving State Farm, consider taking these steps:

1. Get the State Farm claim number.

   Keep it with your accident records.

2. Identify which claim the adjuster is handling.

   Liability, collision, PIP, UM/UIM, and property-damage claims are not necessarily the same thing.

3. Keep copies of every communication.

   Save emails, letters, text messages, estimates, and claim documents.

4. Photograph the vehicles and scene.

   Preserve pictures showing damage, roadway conditions, traffic controls, and your injuries when appropriate.

5. Get necessary medical treatment.

   Your health should come first.

6. Do not guess when speaking with an adjuster.

   If you do not know something, say so.

7. Be careful with medical authorizations.

   Understand what information you are giving the insurance company permission to obtain.

8. Document your lost income.

   Save pay records and written employment documentation.

9. Do not sign a final injury release without understanding it.

   A release can permanently resolve your legal rights.

10. Speak with a lawyer if the claim involves serious injuries or a dispute.

How a Dallas State Farm Claim Lawyer Can Help

A lawyer does more than submit medical bills to State Farm.

A serious Dallas car accident claim may require investigation into:

• How the wreck occurred;

• Who is legally responsible;

• Whether additional defendants exist;

• What insurance policies apply;

• Whether State Farm's insured has additional or umbrella coverage;

• Whether UM/UIM coverage is available;

• Whether crash video exists;

• What your medical records show;

• Whether prior medical conditions are actually related;

• What future medical care is expected;

• How much income you lost; and

• How the injuries affect your life.

An attorney can also communicate directly with the insurance company so that you do not have to manage repeated adjuster calls while receiving medical treatment.

When Should I Contact a Lawyer About a State Farm Claim?

Consider speaking with a lawyer when:

• You suffered significant injuries;

• You were hospitalized;

• You may need surgery;

• State Farm disputes liability;

• The insurer says you were partly at fault;

• Coverage is being investigated;

• State Farm denied coverage;

• You have substantial medical expenses;

• You cannot return to work;

• The available insurance may be inadequate;

• You received a settlement offer that seems too low;

• State Farm wants a broad medical authorization;

• You are being asked to sign a release; or

• You are simply unsure what rights you may be giving up.

Frequently Asked Questions About State Farm Car Accident Claims

How do I file a State Farm accident claim if I am not a State Farm customer?

State Farm provides a process for noncustomers who were involved in an incident with a State Farm policyholder. Claims can generally be reported through State Farm's claim system or by phone.

What is the State Farm auto-claims phone number?

State Farm currently lists 800-SF-CLAIM (800-732-5246) for auto, home, and property claims.

Do I have to give the other driver's State Farm adjuster a recorded statement?

You should distinguish between a third-party liability claim and obligations you may have under your own insurance policy. If State Farm insures the other driver, consider speaking with an attorney before agreeing to a recorded statement about a serious injury claim.

Can State Farm deny my claim even if the police report says its driver was at fault?

An insurance company can conduct its own investigation. A police report can be important evidence, but insurers may consider additional evidence and may reach a different liability decision.

Can I negotiate a State Farm settlement offer?

A settlement offer is a proposal. Depending on the facts, you or your lawyer may submit additional medical records, evidence of lost wages, liability evidence, or other documentation supporting a different valuation.

What if State Farm insures both drivers?

Separate State Farm adjusters may handle separate coverages or claims. Find out which claim each adjuster is handling before providing detailed information.

What if the State Farm driver's policy limits are too low?

Your own underinsured motorist coverage or another applicable insurance policy may provide additional coverage depending on your policy and the circumstances.

Talk to a Dallas Car Accident Lawyer About Your State Farm Claim

If you were injured in a Dallas car wreck involving State Farm, you do not have to rely solely on State Farm's evaluation of your claim.

The Wooley Law Firm represents people injured in Dallas and throughout North Texas in motor vehicle accidents involving major insurance companies.

We can investigate the collision, communicate with State Farm, review available insurance coverage, gather medical evidence, document lost income, evaluate settlement offers, and pursue litigation when appropriate.

If your wreck occurred on I-35E, I-30, I-20, US-75, I-635, the Dallas North Tollway, or another Dallas-area roadway, we can review the facts and explain your options.

Call The Wooley Law Firm at (214) 699-6524 for a free consultation. You don't pay unless we win.

Disclaimer

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different.