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Small Claims Court

I am planning on filing in Small Claims court against Farmer's for all the short pays we have where they agreed to a price both on the phone and then with a follow up fax and then still paid less, sometimes up tp $100 on a replacement.. Does anyone have any experience with this? Should I file against the local Farmers Claims office or the Main Claims Office?

After I'm done with that, I'm going after State Farm for paying customers even after we presented State Farm with a signed assignment. Anyone with experience on this?

Finally, I'm going to remove my compnay from the tpa lists and bill for NAGS on everything.

Any help on any of this would be appreciated and I will then help others after I go through it.

I'm going to have a busy Jan & Feb I think :)

Re: Small Claims Court

No help any much of those major issues.

But I do not think I would simply bill FULL NAGS list. NAGS is a benchmark and they can argue that in your area FULL LIST is to high, and will have competitive bids to back that up.

Come up with your own formula based on your TRUE costs and a reasonable profit margin. This will help you understand your business better, help you to show the judge you are being reasonable, and that comparing your price to a competitor is like comparing apples to oranges. Prove that your price is in fact based on REAL costs. It is hard for a judge to tell you that you are indeed NOT worth what you are worth. But have everything ready. Judges hate delays, and they do not like "flying by the seat of your pants". Be prepared, overly so if needed.

Just an idea. But I am sure others will have more experience with this.

Re: Small Claims Court

Talk to Marc Anderson at the IGA 952-945-9992. They have some very helpful info and will be able to direct you and may have some insight for your state.

Re: Small Claims Court

On the Farmers, it should be straightforward. Be sure to bring your claim fax w/the pricing on it with each invoice and each copy of a check.

Check your state law on "Accord and Satisfaction." Farmers will probably argue that because you cashed the check, you accepted their deal and that is the end of it. Their argument is a bunch of hooey.

Also check your state's case law on the assignment of proceeds. You can do this on the internet. They'll argue you don't have the right to sue them because the policy states that the customer can't assign rights on the policy. That should not hold up if you are prepared. You said you do have the customer assign the proceeds to you, right? This language is critical.

File against Farmers Insurance HQ, not their local office. But, they may have a corporate agent in your state who you are supposed to name (your small claims court will tell you what to do).

I can't help you on the State Farm issue. I wonder about that because they pay the customer, maybe you will have a harder time suing them? Then again, probably not if you have an assignment of proceeds.

Marc at the IGA has some helpful info for members.

Good luck!

Re: Small Claims Court

Thanks for the replies. I'm going after Farmers first. I'll probably file at the end of the month. I'll make a thread and keep everyone up to date on what is happening with the case and the outcome. Should be interesting...


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