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Monday, 14 May 2012 23:40

Gunder’s Files Five More Lawsuits Against State Farm for Short-Pays

As addressed in prior press releases and communications to repairers nationwide, Ray Gunder of Gunder’s Auto Center has been pressing insurers to provide full compensation to his customers for processes and materials necessary to properly and thoroughly repair his customer’s vehicles. As a result, his customers have received full compensation each and every time, but still, at times, the nation’s largest insurer continues to deny consideration for the very same things that they have paid for in the past

Ray Gunder stated: “I’ve heard that one definition of ‘insanity’ is “To do the same thing repeatedly while anticipating a different result and I guess I must be a bit crazy because I have found that State Farm will deny one customer for the very same procedures of which they have agreed to provide to another only a week earlier!?

“As most know, in the past when State Farm denies a Gunder’s claim something needed to properly repair a vehicle, if it becomes necessary, we take the matter to litigation on behalf of our customer. To date, in each instance, the insurer has paid in full for all requested items and/ or procedures…plus, they always agree to pay our legal fees and costs. Then, a week or so later, they’ll voluntarily pay for the same procedures… only to deny them again a week or so after that, and we’re back to square-one.” 

Such denials have resulted in five more suits filed against the insurer in the past couple weeks.

“So the question begs to be answered. Why does State Farm continue to change their position over their allowance of the same basic materials and procedures, and do so at great expense to their company and substantial aggravation to their policyholders?"

“I believe the difference is the knowledge and tenacity of the customer whereas State Farm elects to take unfair advantage of the customer who doesn’t have a full understanding of what it takes to properly repair a vehicle or understand the importance of the procedures in comparison to those that do have the understanding, and who, out of concern, elects to ensure that their financial and personal safety are protected” stated Gunder.
Gunder goes on to say: “Recently, in speaking with Tammy Wynn (who seems to be the State Farm inside claims representative delegated to handling most of our claims), I asked her; “why is it Tammy, after four years, are we still dealing with the same issues (i.e. paint & material calculator invoice, fill sand and feather, color-sand and buff, etc.) especially since your company has paid out in excess of $140,000 in legal fees just to my attorney (let alone what they paid to their own legal counsel)? Her response was the same word track that I and others have heard for years “each claim is different.”

Gunder goes on to say, “I am unsure, but I believe that some claims get resolved without litigation simply because the consumer speaks with more understanding and knowledge than others who must litigate to get their full entitlement. I know one thing… if I was on the State Farm board of directors, and I learned that they were paying on average $3,500 or more to deny a $75.00 underpayment for necessary procedures and materials, of which they ended up paying anyway, and likely losing a policyholder as a result. I’d be wanting a good explanation from someone within State Farm!”

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