Should I take STATE FARM TO COURT? | GTAMotorcycle.com

Should I take STATE FARM TO COURT?

dk_fabiosantos

dk_fabiosantos

Well-known member
Site Supporter
Forum Sponsor
I will try to explain as much as I can one of the most stupid thing ever,so here it goes:

I have one policy started in April 2011 with a 2003 cbr600rr and another started in May 2011 with a 2009 ducati 696.

FIRST MISTAKE:

Started on my policy# in May 2011 with a 2009 ducati 696 paying $124 per month, I rode the bike until September, I decided to trade my ducati for a 636, I found a person willing to trade a 2004 zx636 and the deal was good for me,a day before I decided to trade bikes I called my broker Kristie Kuiper who gave me a quote of $70 per month on the 636, I though that was too perfect and asked her if the quote that she was giving me was right as I was about to trade motorcycles, she replied YES IT IS THE RIGHT PRICE, so I told her that I was going to trade motorcycles on the next very day and I would be calling her back on the next day just to make sure and get it ensured.
Next day I called the guy to do the trade just to make sure He was seriously about it so I could call my insurance broker and get it ensured to ride the bike home.He replied saying his that it is for sure the trade, so I called my broker and gave her the vin# to make sure the quote was right, she replied yes it is the right quote, so I told her I need it insured from 12am today (that was before 12am by the way).
She e-mailed me the policy# with my new motorcycle on it just in case I get pulled over by cops and checked.
I went and traded the motorcycle, so everything was good until the end of the month surprise surprise the billing department billed my a $149 bill, well I called my broker and told her that I will never pay $149 for a 600cc bike.
long short my broker tried to fix it, and the main office e-mailed my broker who forward the e-mail to me stating this:

Hi Fabio,

State Farm has agreed to honor the price we quoted you on for the Suzuki from September to your renewal in May.

This price is $70.12 / month.

Please let me know if you have any questions,
Kristie


As you guys can see a mistake was made again on this e-mail I didn't have the suzuki for past 3 months prior to this e-mail,but that is ok again I let that go.
So after this e-mail which took so long that the next due date was closer, my broker told me that the money form the past month $70.12 would be taken from my bank account in the end of the month of course with another $70.12 for the current month, fair enough We waited,surprise surprise, they tried to take more money than they were suppose to, again I called Kristie and asked her what is going on, now I have a NFS CHARGE because of they tried to take what they should not take (I use that account only to pay bills). Kristie tried to figure out what was going on and after months (yes months) trying to pay for it or figure out what was wrong,I decide to call the main office, well I was told that state farm would not HONOR THE PRICE and I only had 2 options: pay $149 per month or cancel whiteout cancellation fees,so I asked the guy what should I do then to cancel as they were not honoring the price?He told me to send a fax to my broker and main office stating that I do not agree with the price and don't want to pay the $149 per month. Well that was already in December and I did what I told to do.
2 weeks ago, a State Farm underwriter called me and told me that I had to pay $409 on my now kawasaki policy#! I asked why? She replied that that was being charged because my policy# was cancelled by Me before May and that was the difference I had to pay!
This is what is exactly on the mail she sent to me:

Due to the timing of the vehicle change from a 2009 ducati to a 2004 kawasaki (September 23,2011), almost 69% of the total premium ($998.89) for the ducati was earned but not paid for (payments received $604.98 .

It is stated that they are trying to charge me for the full 1 year policy# not until the date (september,23,2011) that my broker's made the mistake.Which I paid every single month.

I told the underwriter that I will not pay one cent as I was forced to terminate the policy# due to a BROKER'S ERROR and after losing money on a trade that based on a wrong quote I got, and frustrated with a motorcycle that could NOT ride due to NO INSURANCE (motorcycle that I ended selling for peanuts because of the insurance company).
Not to say that I have now over 4 NFSs chargers that I had to pay due to them even not insuring my motorcycle tried to take the money from my account.
The underwriter didn't do anything other than telling me that if I don't pay that is my problem and I have a cancellation on my record, my wife which happens to be on my side listening to everything with a friend of mine got piss off and started talking to the underwriter on the phone and in less than 10seconds my wife had to turn off the phone as the underwriter could only say what was in front of face on the computer screen.

Now the second problem with my second policy#

I started a policy# in April 2011 with a 2003 cbr 600rr paying $125 per month, after a while I traded my 600rr for a 2004 r1 and started paying $178 per month, I had a lot of problems with that bike so I had an offer and I traded the r1 for a 2003 gsxr 1000 and still paying the $178 per month.
I kept that bike for about 2 to 3 months then I switched it back to a 2003 cbr 600rr but now this time I was quoted $127 per month ($2 more I though that was weird but I didn't complain about it, I paid one month and then after going to my broker to figured out what was going on and trying to pay to her for this policy# (money that she denied me because of the first policy#, she told me to pay everything when the first policy# is fixed) now I have this policy cancelled too due to NO PAYMENT! What fu** is this?I went there to pay with cash in hands inside my broker's office which denied me the money now my policy is cancelled and DUE TO NO PAYMENT?On the phone with the underwriter I told her that I was and am willing to go anywhere to pay what I owe which is $127 from the months of November to present date.
The underwriter told me that if the amount of $688 isn't paid a collection agency will come after me for the money and that I have on my record a CANCELLATION (kawasaki) and CANCELLATION DUE TO NO PAYMENT (600rr)!
The underwriter told me that the $688 is to bring the account up to date.But,to bring my account up to date I only had to pay $381 if you do the math of 3 months of $127,the amount of $307 is for the difference from when I started the policy# April 2011 with a 2003 600rr to ending now April 2012 with a 2003 600rr.

What the fu** is this?
Should I get a lawyer and go after them to fix it and pay the nfss charges?
Should I call the CIP underwriter manager and try to deal with her?
What is the best thing that I should do?

Any help is appreciated thank you very much.
 
Way to long and hard to read but Insurance companies can change any quote or price given up to 60 days after the policy is written, So your kinda screwed.
 
Yes take them to court so you can realize how people who threaten to sue have no clue what lawsuits involve financially or mentally. I love when people say I'm gonna sue!
 
only read half of it as too long, but my insurance went from $1700 to $2800 after it was already quoted. no changes caused by me.

thats insurance companies for you, like real estate agents but worse..
 
That's classic State farm confusion with its pro rated system for motorcycle insurance, the problem here is there is no way to fix it and suing will not help. Any time for sign on the doted line with State farm you are locked in for a year whatever that rate may be , you alraedy have a cancellation for nonpayment on your record and will take three years to clear, no point of paying at this point because it won't change anything,if they say it will, its paramount that you make sure you get a guarantee in writing before you do .
 
Last edited:
Holy, that is one convoluted mess that I didn't bother to read all the way through. So basically your insurer is billing more than you agreed to?
 
Why two policies? Didn't learn the first time, lol.
 
moto22 said:
its paramount that you make sure you get a guarantee in writing before you do .
Click to expand...

As mentioned earlier in this thread there is NO guarantee even in writing as insurance companies have 60 days after they put it in writing to make any changes.


turbodish said:
Insurance companies can correct your insurance rates in the first 60 days if they find an error (theirs or yours) in the information or quoted rate accompanying the application. This is defined in Ontario insurance law.
Click to expand...
 
Hi Fabio,

State Farm has agreed to honor the price we quoted you on for the Suzuki from September to your renewal in May.

This price is $70.12 / month.

Please let me know if you have any questions,
Kristie

Did you get quoted for the wrong bike....kawi 636 right? not a Suzuki
 
The problem is you changed bikes at the end of the season (ducati 696 to Kawi 636). The Duc was rated at a higher $$$, you switched at the end of the season. The payments are spread out over 12 months, but are rated a higher percentage of the total during the summer months, so your premium for the winter months is like 4%-1% of the total. You've still got to pay out for the expensive months before you can switch to a cheaper bike...

Think of it like this. I was riding a CBR929Rrr, switched to my TW200 when the fall hit and took the CBR off the road. I had an outstanding amount on the CBR (the TW was $250 a year, the CBR was $1050) I rode the CBR all season, then took it off when the crappy weather started. I still owed about $500 on that policy for early cancellation.

Same thing. Pay the money.
 
if it was an overlap of two different policies, and they screwed something up, such as not removing one from your file... that'd be a different story. I had that this past summer with State Farm.
 
jeffjones said:
As mentioned earlier in this thread there is NO guarantee even in writing as insurance companies have 60 days after they put it in writing to make any changes.
Click to expand...

I was referring to insurer removing the cancellation from his record, not the rate he was paying . he mentioned the broker would be willing to remove the cancellation if he pays the amounts owed, in my opinion, thats his biggest problem right now, and if that is the case, he would need that in writing or they might jus take his money and leave him with no coverage and a bad record ..
 
Last edited:
Heres the short which im sure others have said as well. If you want to sue a person/buisness in Canada and do it cost effective (represent yourself). Be prepared for a long *ss battle where the courts favor the deffendant. It will take very long just to get to court as the deffandant (person/companny being sued) has multiple chances not to show up for things such as mediation. You have to do all the leg work and private eye bulshit. And even after you get a verdict you pretty much have to hunt down the fuk who screwed you. Make sure you get the right division who's involved or its all for not. I guess what Im saying is that our legal system is a joke for small claims. Just be prepared for alot of bulshit and devotion. sorry about my french.

ps insurance companies are pro at gettin out of paying you back. Another thing to think about is will you be able to get insurance after you sue a major player like state farm?
 
Last edited:
moto22 said:
I was referring to insurer removing the cancellation from his record, not the rate he was paying . he mentioned the broker would be willing to remove the cancellation if he pays the amounts owed, in my opinion, thats his biggest problem right now, and if that is the case, he would need that in writing or they might jus take his money and leave him with no coverage and a bad record ..
Click to expand...

Ok I thought you were talking about his rate change. Too much reading in the original post lol.
 
To start, THANKS EVERYONE THAT IS TRYING TO HELP and yes it had to be long but it is really longer in real life,lol, I had to explain as much as I could in order for u guys to understand and unfortunately that was the shortest way.

RetroGrouch said:
Holy, that is one convoluted mess that I didn't bother to read all the way through. So basically your insurer is billing more than you agreed to?
Click to expand...

No, my broker made a mistake in one of my policies, the main office is not taking responsibility for the mistake and is not willing to fix it but instead there are charging me for money I don't owe and they put on my record a cancellation.
In this policy I only and always had a ducati 696 from the begging I only change it in September to the Kawasaki,what they are doing is pretty much giving me 2 choices on this policy, pay $149 per month or pay $409 charge and have a cancellation on my record.

imnothng said:
Why two policies? Didn't learn the first time, lol.
Click to expand...

Because I have a wife that rides too and they did not allowed me to put 2 bikes on one policy#

GP03 said:
Hi Fabio,

State Farm has agreed to honor the price we quoted you on for the Suzuki from September to your renewal in May.

This price is $70.12 / month.

Please let me know if you have any questions,
Kristie

Did you get quoted for the wrong bike....kawi 636 right? not a Suzuki
Click to expand...

No this is just another one of the mistakes they did.

matt365 said:
The problem is you changed bikes at the end of the season (ducati 696 to Kawi 636). The Duc was rated at a higher $$$, you switched at the end of the season. The payments are spread out over 12 months, but are rated a higher percentage of the total during the summer months, so your premium for the winter months is like 4%-1% of the total. You've still got to pay out for the expensive months before you can switch to a cheaper bike...

Think of it like this. I was riding a CBR929Rrr, switched to my TW200 when the fall hit and took the CBR off the road. I had an outstanding amount on the CBR (the TW was $250 a year, the CBR was $1050) I rode the CBR all season, then took it off when the crappy weather started. I still owed about $500 on that policy for early cancellation.

Same thing. Pay the money.
Click to expand...

No this is not is the problem,the problem is that I got a quote and not even 10 days the main office sent me a bill of more than the double of the price quoted, I did not agree with the price and now they want to charge me $409 difference in price of the ducati in a year policy.
I refuse to pay it as the broker made a mistake and because of that they want me to pay for it.
Now based on ur example: I did not rode the kawasaki as a matter of fact that motorcycle never was insured by state farm as I did not accept the price and I had told them 10 days later (when I received the billing papers), so as I never had that motorcycle insured and never rode it, they can not charge me for that difference in price, I only had the ducati and only rode the ducati, what they are doing is charging me the difference in price as a full year,but, I only had the policy started in May and changed bikes in September which is only 4 months,now knowing that their broker made a mistake and it is my right to say no I don't want to pay this amount., they want to make money from somewhere on me so they came up with the idea of charging me full year starting in May and finishing in May and they put on my record a cancellation fee.Way to go State Farm.
 
I called State Farm for a quote and gave them all the information that an insurance company asks for. They called back asking for information I already gave them. I learned right then and there that they're not a company I want to be dealing with.
 
kawasakimatt said:
Heres the short which im sure others have said as well. If you want to sue a person/buisness in Canada and do it cost effective (represent yourself). Be prepared for a long *ss battle where the courts favor the deffendant. It will take very long just to get to court as the deffandant (person/companny being sued) has multiple chances not to show up for things such as mediation. You have to do all the leg work and private eye bulshit. And even after you get a verdict you pretty much have to hunt down the fuk who screwed you. Make sure you get the right division who's involved or its all for not. I guess what Im saying is that our legal system is a joke for small claims. Just be prepared for alot of bulshit and devotion. sorry about my french.

ps insurance companies are pro at gettin out of paying you back. Another thing to think about is will you be able to get insurance after you sue a major player like state farm?
Click to expand...

I am only thinking about taking State Farm to court because of:

1: I have a cancellation on my record from the kawasaki

2: I have a cancellation due to NO PAYMENT (I went to my broker with cash in hands to pay this policy# and was denied, I asked the underwriter to tell me where to go to pay this policy# and I was denied to do so.) all this on my 600rr policy# that I agree with the price I am willing to pay the price giving to me $127 that I already had one payment done but denied by my broker to pay as she said that I could pay everything after the kawasaki policy# was done, so because of my broker again, the 600rr policy# has problems now too and State Farm is willing to make me to pay for their broker's mistake.

3: Based on their quote I have traded my motorcycle and because of their mistake I couldn't ride the new bike,so, if I can't insure it and ride on the streets,there is no point to keep it in my garage so I was forced to sell (and it was sold in a sad and frustrated way for me,not to say that because the motorcycle had some problems "already losing more" I had to sell it cheap.)

4: If I have to case them to court for all the above, I will for sure claim what for me is the worst, the time (over 4 hours on the phone with underwriter only, not to say days calling my broker and 4 days that I had to take from work to go to my broker and try to deal with it, "I work in construction, COMMERCIAL FLAT ROOFING and with I good day work I could pay the kawasaki charges no problems.

I hope I don't have to take them to court, I hope they can figure it out and we get in a agreement but if not, taking them to court will at least keep my record clean for a enough time for me to be insured with another company and I know that I will get frustrated and hear a lot of bull but if that is the price I will have to pay to be honest and fair I will be do it in a heart beat.

1 cancellation (I never wanted that to happen.)
1 cancellation due to no payment (with cash in hands to pay)
IT IS NOT A JOKE!!
 
dk_fabiosantos said:
I am only thinking about taking State Farm to court because of:

1: I have a cancellation on my record from the kawasaki

2: I have a cancellation due to NO PAYMENT (I went to my broker with cash in hands to pay this policy# and was denied, I asked the underwriter to tell me where to go to pay this policy# and I was denied to do so.) all this on my 600rr policy# that I agree with the price I am willing to pay the price giving to me $127 that I already had one payment done but denied by my broker to pay as she said that I could pay everything after the kawasaki policy# was done, so because of my broker again, the 600rr policy# has problems now too and State Farm is willing to make me to pay for their broker's mistake.

3: Based on their quote I have traded my motorcycle and because of their mistake I couldn't ride the new bike,so, if I can't insure it and ride on the streets,there is no point to keep it in my garage so I was forced to sell (and it was sold in a sad and frustrated way for me,not to say that because the motorcycle had some problems "already losing more" I had to sell it cheap.)

4: If I have to case them to court for all the above, I will for sure claim what for me is the worst, the time (over 4 hours on the phone with underwriter only, not to say days calling my broker and 4 days that I had to take from work to go to my broker and try to deal with it, "I work in construction, COMMERCIAL FLAT ROOFING and with I good day work I could pay the kawasaki charges no problems.

I hope I don't have to take them to court, I hope they can figure it out and we get in a agreement but if not, taking them to court will at least keep my record clean for a enough time for me to be insured with another company and I know that I will get frustrated and hear a lot of bull but if that is the price I will have to pay to be honest and fair I will be do it in a heart beat.

1 cancellation (I never wanted that to happen.)
1 cancellation due to no payment (with cash in hands to pay)
IT IS NOT A JOKE!!
Click to expand...

Listing to your complaint i can understand your frustration, but understanding the burden of proof in a court case, i can assure you, that you really DON"T have a case here , and i'll tell you why, for one you say the broker gave a incorrect quote over the phone, which means essentially nothing,cause anyone can tell you anything over a phone unless the quote was in writing, who don't have a leg to stand on , secondly if you didn't pay the bill in the agreed manner, they have every right to cancel the policy and post a cancellation to your record , what you should have done is continue to pay and dispute the charges with them.That said it's up too you, but i wouldn't waste money in court if i were you, the facts are the facts and there not on your side ,it's a hard lesson but i'm willing to put my head to the block that your gonna have to eat it .
 
Last edited:
By gods grace if you manage to sue and win... good luck collecting:lmao:


You make me laugh. Just ride your bike bud. Chalk it up to a "if it's too good to be true, it probably is"
 
dk_fabiosantos said:
pay $149 per month or pay $409 charge and have a cancellation on my record
Click to expand...

So what I think they are doing is not transfering your insurance over but cancelling one (In which you owe them money as you rode most of the summers premium) and starting a new policy for the Kawi.

Either way, The way you explained it here you will lose in court and waste alot of your time and finances.

As you say they gave you a quote over the phone and changed it when you signed up but there quotes are not guarenteed as mentioned.
They have up to 60 days to find any mistakes (your end or theirs) and hange your policy.
Forum Sponsor
 
You must log in or register to reply here.

Back
Top Bottom