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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
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
I am currently in the middle of a lawsuit with State Farm regarding an accident that took place in April 9 2008 Would this qualify? Code was SF536. thank you
I was hit by a driver whom stolen a ca car and the police chasing at 100 miles an hour chase by police I was under doctor care before this happen
I hit 4 deer at one time and got whiplash but I was told they had paid 5g and that’s all the med I had. I still have problems with my neck and knee. So I can’t get therapy. Do I qualify?
Add me
Add me please
add me please
Affected please add me
When I was insured by state Farm years ago. My Grand-daughter and I was in an accident. State Farm never paI’d us a dime.My Gran-daughter went to a Chirprractorfor weeks.
I am currently in the middle of a lawsuit with State Farm regarding an accident that took place in February of 2017. Would this qualify?
I was affected. How do I get included in this?