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Quadriplegic & Paraplegic Spinal Cord Injuries > Disabled Living & Spinal Cord Injuries > Spinal Cord Injury Compensation and Legal Advice
EmHope
I am a 22 year old quadriplegic due to a car accident in 2001. At that time my no-fault auto insurance (State Farm) purchased a wheelchair accessible minivan with adaptations for driving for me. I signed a contract that said that they would consider the purchase of a new van after seven years or when my van reached 120,000 miles. I would be due for a new van next summer, 2008. However, my insurance company is saying due to new laws they are not going to purchase me a new van or renew my contract. This was obviously a mistake on our part by letting the contract that they signed back in 2001 say that they would consider the purchase of the van instead of purchasing a van. But you just don't know these things when you're going through a lot.

My van ramp has been acting up as well as some other issues so I was hoping to get rid of it by next year. I know many other people who are getting vans currently, but not anyone who has State Farm insurance.

IS THERE ANYONE OUT THERE WITH STATE FARM WHO HAS RECENTLY PURCHASED THEM A NEW VAN?

How can I go about collecting information on other cases etc. in order to get my insurance company to renew my contract?

I am a 22 year-old graduate student and obviously could not afford the cost of a van myself. There would be no way I would have to purchase the van like this if I was not paralyzed. I don't understand why they are saying that they don't have to purchase this for me now. They have
been doing this with other issues as well besides the van. They are fighting me on everything. It is just a big headache.

HELP!
bensinjury
I would contact the Ins commisioner in your state and let them review this...I think State farm should be helping you!
margaret
QUOTE (EmHope @ Feb 28 2007, 11:17 AM) *
I am a 22 year old quadriplegic due to a car accident in 2001. At that time my no-fault auto insurance (State Farm) purchased a wheelchair accessible minivan with adaptations for driving for me. I signed a contract that said that they would consider the purchase of a new van after seven years or when my van reached 120,000 miles. I would be due for a new van next summer, 2008. However, my insurance company is saying due to new laws they are not going to purchase me a new van or renew my contract. This was obviously a mistake on our part by letting the contract that they signed back in 2001 say that they would consider the purchase of the van instead of purchasing a van. But you just don't know these things when you're going through a lot.

My van ramp has been acting up as well as some other issues so I was hoping to get rid of it by next year. I know many other people who are getting vans currently, but not anyone who has State Farm insurance.

IS THERE ANYONE OUT THERE WITH STATE FARM WHO HAS RECENTLY PURCHASED THEM A NEW VAN?

How can I go about collecting information on other cases etc. in order to get my insurance company to renew my contract?

Hi Emhope!
We are also from Michigan (my husband is c-6); his insurance is Allstate. After reading your post I immediately looked up his contract for purchase of vans to see how his is worded. Thankfully, his says they WILL prurchase another van. Regardless, his medical case manager has told us there has been a recent court ruling that basically states that if you had a vehicle or was able to have a vehicle before your injury, the insurance is not obligated to pay for the van, only the modifications. Not good news at all. She also stated, (she has several clients with State Farm), that State Farm is the absolute worse insurance to deal with as for getting them to pay for anything. If you don't already know, it isn't State Farm's money that is being used; they only disperse it or they pay it out and get reimbursed from the State of Michigan from the Catastophic Law fund. Although, in Allstate's case, after the first $200,000, then they have to use their money. I would check into that for answers or there also is through the state an insurance complaint dept where you can file a complaint against your insurance. We almost had to do this several years ago, but a meeting with the insurance rep and our lawyer was all it took to get them to pay. Insurance companies do not like lawyers. It may take even a letter from one to help you out. When we were negotiating the last van contract, we immediately took the first draft to our lawyer and he corresponded 3 times with Allstate by mail and once by phone. He actually got us a better deal than what we were hoping for. And it only cost us $300 for the lawyer. So, good luck. Might take some investigating and digging on your part and maybe hiring a lawyer.

I am a 22 year-old graduate student and obviously could not afford the cost of a van myself. There would be no way I would have to purchase the van like this if I was not paralyzed. I don't understand why they are saying that they don't have to purchase this for me now. They have
been doing this with other issues as well besides the van. They are fighting me on everything. It is just a big headache.

HELP!
McRobb
I think the first advise that you got is the best - call your Insurnace commissioner in your state. And, be prepared to keep harrassing them until you get some satisfaction - at least all my encounters with any type of government has been that way.

I had to ask my husband about your "no-fault insurance" as Iowa is not that way. The guy that hit us in our wreck did not have any insurance at all, either on his car or on himself was a personal thing. So, we got nothing out of him. But, all our insurnace had to do was to pay the market value of our car - a Buick LaSabre in good shape but with over 100000 miles on it. So, we got only about $10,000 for our car and had to buy our own van for me at $40,000!

So, stick with it. One thing we were warned about in Rehab was that our insurance company could not jack our insurance premiums because I was driving as a handicapped driver nor could they drop us because of the same reason. And, they have not done that but I do not have State Farm either. Best wishes.
RollerDoo
I am in the same boat. I have AAA insurance and they have stopped paying everything but medical. They used to pay my rent and replace vehicles every 7 years. Last year I got a letter from my agent saying that they would no longer be paying for vehicle replacement or rent. According to her it was a law suit originating from state farm that went to the supreme court and the supreme court found in favor of the insurance companies. I have spoken to many attorneys and nobody is willing to help because there isnt any money involved. All they could do is make the insurance company start paying rent again and buy me a new vehicle. so, I have no idea.

I do know that it has caused me a lot of problems. I used to live in a 300 dollar a month apartment and my agent to me I needed to move because it wasn't "handicap accessible" and they would pay rent as well as having someone help me move. So for quite a few years they did. Now that I have no way to pay my rent and other expenses Im pretty much screwed. Credit cards maxed, personal loan payments late....the list goes on and on. Im sinking fast and have no way to fix it and AAA dont care! Its all crap.

I think the case law is State Farm Mutual vs. Griffith. Im not sure though.


If anyone else has the same issue please post back. Especially if you have a lawyer that is willing to help with this.
kdenon01
Oh No! I am getting nervous...

Right now my fiance's MI insurance pays for our rent and his van, all medical...and they pay me to take care of him...

I can't believe that they can just change their minds like that!?!?! badmood.gif
RollerDoo
Who is the insurance company? And I was wrong about the time frame. They stopped paying in January of 2006. So it has been 2 years. Thank God I have a very good woman that helps with food and what have you or I have no idea what I would do.

They quit paying rent & no new vehicles. They however, have continued to pay for homecare.
kdenon01
I have Nationwide.
EmHope
QUOTE (RollerDoo @ Mar 3 2008, 11:16 PM) *
I am in the same boat. I have AAA insurance and they have stopped paying everything but medical. They used to pay my rent and replace vehicles every 7 years. Last year I got a letter from my agent saying that they would no longer be paying for vehicle replacement or rent. According to her it was a law suit originating from state farm that went to the supreme court and the supreme court found in favor of the insurance companies. I have spoken to many attorneys and nobody is willing to help because there isnt any money involved. All they could do is make the insurance company start paying rent again and buy me a new vehicle. so, I have no idea.

I do know that it has caused me a lot of problems. I used to live in a 300 dollar a month apartment and my agent to me I needed to move because it wasn't "handicap accessible" and they would pay rent as well as having someone help me move. So for quite a few years they did. Now that I have no way to pay my rent and other expenses Im pretty much screwed. Credit cards maxed, personal loan payments late....the list goes on and on. Im sinking fast and have no way to fix it and AAA dont care! Its all crap.

I think the case law is State Farm Mutual vs. Griffith. Im not sure though.


If anyone else has the same issue please post back. Especially if you have a lawyer that is willing to help with this.


Yes, I have State farm and am told by lawyers I have the worst agent in the state!!!!!!

Yes! it is the State Farm Mutual vs. Griffith is the case that has screwed over everyone of us MI auto cases!!!!! The supreme court is stacked with judges appointed by Engler ~ all Republican's and always rule in favor of the insurance company!!!! Our only hope for our future is to keep a Democrat governor in office and vote a Democrat in as President!!!!

If there is anyone out there that has State Farm or any other MI insurance and has gotten a new Van in the past two years PLEASE reply or send me a message! I can use all the documentation possible showing that it has been necessary for someone to have a van purchased by insurance recently!!!

I WOULD REALLY APPRECIATE IT!!!!!!!!!!!!!!! THANKS!!!!
EmHope
QUOTE (EmHope @ Mar 4 2008, 07:19 PM) *
QUOTE (RollerDoo @ Mar 3 2008, 11:16 PM) *

I am in the same boat. I have AAA insurance and they have stopped paying everything but medical. They used to pay my rent and replace vehicles every 7 years. Last year I got a letter from my agent saying that they would no longer be paying for vehicle replacement or rent. According to her it was a law suit originating from state farm that went to the supreme court and the supreme court found in favor of the insurance companies. I have spoken to many attorneys and nobody is willing to help because there isnt any money involved. All they could do is make the insurance company start paying rent again and buy me a new vehicle. so, I have no idea.

I do know that it has caused me a lot of problems. I used to live in a 300 dollar a month apartment and my agent to me I needed to move because it wasn't "handicap accessible" and they would pay rent as well as having someone help me move. So for quite a few years they did. Now that I have no way to pay my rent and other expenses Im pretty much screwed. Credit cards maxed, personal loan payments late....the list goes on and on. Im sinking fast and have no way to fix it and AAA dont care! Its all crap.

I think the case law is State Farm Mutual vs. Griffith. Im not sure though.


If anyone else has the same issue please post back. Especially if you have a lawyer that is willing to help with this.


Yes, I have State farm and am told by lawyers I have the worst agent in the state!!!!!!

Yes! it is the State Farm Mutual vs. Griffith is the case that has screwed over everyone of us MI auto cases!!!!! The supreme court is stacked with judges appointed by Engler ~ all Republican's and always rule in favor of the insurance company!!!! Our only hope for our future is to keep a Democrat governor in office and vote a Democrat in as President!!!!

If there is anyone out there that has State Farm or any other MI insurance and has gotten a new Van in the past two years PLEASE reply or send me a message! I can use all the documentation possible showing that it has been necessary for someone to have a van purchased by insurance recently!!!

I WOULD REALLY APPRECIATE IT!!!!!!!!!!!!!!! THANKS!!!!



If I start legal action from a lawyer sometime tis year I will post their information! I have found you need to get a lawyer in Lansing or Ann Arbor....or at least out of conservitave West Michigan!
kdenon01
I was wondering if any of you...who have lost benefits had a lawyer?
RollerDoo
I had spoke with an attorney in Ann Arbor about 2 years ago and she is the one that said and I quote "there is nothing to be made by us in suing and frankly I dont think you could afford having us take the case. It would be a very long drawn out battle." Even though I agreed that if they got the back rent(which they can only sue for 12 months prior), a new truck and got them to continue to pay rent. The still said no. Just the money from the back rent would have been 8340 dollars. I wish I could remember her name so that you make sure you dont contact their office.
kdenon01
We have a lawyer and was curious if maybe that is why my fiance still continues to get everything paid for.
RollerDoo
I dont know, maybe.
EmHope
QUOTE (RollerDoo @ Mar 5 2008, 03:23 AM) *
I had spoke with an attorney in Ann Arbor about 2 years ago and she is the one that said and I quote "there is nothing to be made by us in suing and frankly I dont think you could afford having us take the case. It would be a very long drawn out battle." Even though I agreed that if they got the back rent(which they can only sue for 12 months prior), a new truck and got them to continue to pay rent. The still said no. Just the money from the back rent would have been 8340 dollars. I wish I could remember her name so that you make sure you dont contact their office.


Hey RollerDoo!

Yeah...we were told the same thing! BUT they also said that a multi-suit againts the insurance might work. I'm not going to post about it on here because it is in the begining stages and you never know what insurance agents are lurking around!!!!!!!

Also, RollerDoo........................you live in Kzoo? I DO TOO!!! I moved there last year from Holland MI (where I did my undergrad) to Kzoo for graduate school at Western in speech-language pathology. So feel free to directly email me anytime about this topic!!!!!!!!!!!!!!!!!!

Thanks,
Emily
RollerDoo
QUOTE (EmHope @ Mar 5 2008, 04:40 PM) *
QUOTE (RollerDoo @ Mar 5 2008, 03:23 AM) *

I had spoke with an attorney in Ann Arbor about 2 years ago and she is the one that said and I quote "there is nothing to be made by us in suing and frankly I dont think you could afford having us take the case. It would be a very long drawn out battle." Even though I agreed that if they got the back rent(which they can only sue for 12 months prior), a new truck and got them to continue to pay rent. The still said no. Just the money from the back rent would have been 8340 dollars. I wish I could remember her name so that you make sure you dont contact their office.


Hey RollerDoo!

Yeah...we were told the same thing! BUT they also said that a multi-suit againts the insurance might work. I'm not going to post about it on here because it is in the begining stages and you never know what insurance agents are lurking around!!!!!!!

Also, RollerDoo........................you live in Kzoo? I DO TOO!!! I moved there last year from Holland MI (where I did my undergrad) to Kzoo for graduate school at Western in speech-language pathology. So feel free to directly email me anytime about this topic!!!!!!!!!!!!!!!!!!

Thanks,
Emily



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