Top Class Actions  |  March 11, 2019

Category: Closed Class Actions

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This settlement is closed!

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State Farm has agreed to pay $18.5 million to settle a personal injury denial class action lawsuit.

Washington residents who were insured by State Farm and made a Personal Injury Protection (PIP) claim that was denied, limited, or terminated between April 9, 2008 and June 15, 2018, may benefit from this settlement.

The claim must have been for medical or hospital benefits and State Farm must have used Reason Codes SF546, SF536 or SF537 in its Explanation of Review form and denied the claim because of MMI or “maximum medical improvement.”

Policyholders accused State Farm of improperly denying personal injury claims based on a determination of “maximum medical improvement” (MMI).

The lead plaintiff said that his claim for expenses after a car accident was denied by State Farm based on a determination that he had reached MMI.

According to the State Farm personal injury denial class action lawsuit, the plaintiff’s chiropractor noted that he had reached maximum medical improvement. However, the plaintiff contended that although his condition stabilized, he had not yet reached maximum medical improvement. Additionally, more treatment was necessary, alleged to plaintiff, to avoid regressing or exacerbating his health condition.

The State Farm class action lawsuit accused the insurer of using MMI to wrongly deny personal injury claims under Washington law. Under that state’s law, PIP claims must be paid by insurance companies if they are reasonable, necessary and happen within three years of the accident.

The Class in the State Farm personal injury class action lawsuit was certified in March 2017.

State Farm agreed to pay $18.5 million to end the class action lawsuit. Class Members amount to approximately 3,000 Washington residents who’s personal injury claims were denied or limited based on a State Farm determination of MMI.

Class Members who do not opt out or object to the State Farm personal injury denial class action settlement will automatically receive a check for their share of the settlement fund.

The settlement fund includes the $18.5 million paid by State Farm excluding attorney’s fees and costs, administration fees, and awards to lead plaintiffs.

Class Members who wish to exclude themselves or object to the State Farm personal injury denial class action settlement must send a letter to notify the settlement administrator and/or the court. Letters must be postmarked by May 6, 2019.

Who’s Eligible

Class Members include “State Farm insureds in the state of Washington who, from April 9, 2008 to June 15, 2018, had a Personal Injury Protection (PIP) claim for medical or hospital benefits denied, terminated or limited by State Farm Mutual Automobile Insurance Company (State Farm) on the grounds that they had reached ‘maximum medical improvement’ (MMI), using an Explanation of Review form referencing Reason Codes SF546, SF536 or SF537.”

Potential Award

Varies. Class Members will receive a percentage of their denied PIP expenses plus interest.

Proof of Purchase

Not required.

FAQs

FREQUENTLY ASKED QUESTIONS »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

Class Members are automatically enrolled. Class Members who wish to opt out must do so no later than May 6, 2019.

Case Name

Brett Durant v. State Farm Mutual Automobile Insurance Co., Case No. 2:15-cv-01710, in the U.S. District Court for the Western District of Washington

Final Hearing

06/10/2019

UPDATE: The Washington State Farm Personal Injury Denial Class Action Settlement was granted final approval by the court on June 10, 2019.  Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.DurantvStateFarm.com

Claims Administrator

Tyler K. Firkins
Van Siclen, Stocks & Firkins
721 45th St NE
Auburn, WA 98002
1-866-458-3188
1-253-859-8899
Info@VanSiclen.com

Class Counsel

VAN SICLEN STOCKS FIRKINS ATTORNEYS AT LAW

NAUHEIM LAW OFFICE

Defense Counsel

SHEPPARD MULLIN RICHTER & HAMPTON

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18 thoughts onWashington State Farm Personal Injury Denial Class Action Settlement

  1. mary says:

    what happens to any unclaimed funds from this settlement ? does it go to the atty on file ? the state ? back to State Farm ? or maybe it’s also divided amongst the people named in the case ?

  2. Asha Ben says:

    I will be calling because I had to file a lawsuit against my own insurance company which is State Farm and I just found about this class action lawsuit.

  3. DAVID N RISSE says:

    My husband was hit my a van going 70 mph w/o hitting his breaks while husband had to slow for traiffic on hwy 70. Witnesses stated. Had he not had a quad cab truck, he’d be dead. All specialty doctor staements:He has TBI, labral tear and dr. said will need hip replacement, and back injuries. They would only pay 30K, when the guilty had 100K policy. he’ll always have TBI for memory and confusion. Physical therapy for over a year. Pain. Now we have to sue the individual who has lengthy car violations and has no money!

  4. Susan says:

    I was sitting still on interstate rear ended and now have bulging disc. This was in 2014. They approved so they said the MRI but did not pay it. They paid a few small bills then stopped. Refused to pay any more. It was not my fault. I now have back pain that limits me in everything I do. I ask for P.T. was denied. The last payment they made was to my Doctor in 2017 of nov. I was told by another lawyer that I had two years to file a claim from that last date. She cant take the case due to medical issues. I now have to find an attorney. They also pulled this hiring a doctor that said my injury was not from the accident and I have never been seen by this doctor. What a joke they are. They delayed as much as possible. Having me talk to at least 12 different ppl. To make matters worse the other guy had state farm also. They were so horrible they kept calling me when my father was ill and passing. They didnt care to keep my phone tied up. Even on the day of the funeral they called knowing this. I dont understand how they get away with this…I had PIP..

    1. Fedup Female says:

      I Agree with you. Sounds much like my situation which occurred in 3/2018. I too will be calling this attorney as well as pursuing class action. They must be stopped as they are robbing people by secretly increasing our PIP premiums claiming they will be primary yet they never pay your medical after a no fault accident thus denying medical claims for no reason.

  5. Casie says:

    I was affected by their actions, received a notice of the class action lawsuit. I’m curious if anyone has received a check?

    1. K says:

      Some checks were mailed out in August, and the rest should come sometime late September or October… you can call the attorneys office ..the phone number is listed above… Tyler Finkins, i believe is his first name.. and they can tell you how much you will be receiving.

    2. Mike says:

      Just got ours.

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