Res Ipsa Loquitur, July/August 2021

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THE CASE OF THE STATE FARM ADJUSTER by H. Dennis Beaver, Attorney at Law The Case of the State Farm Insurance Adjuster Who Thinks Saint Louis is in California and the Driving Instructor who Needs a Refresher Course If your auto insurance is with State Farm, today’s story will both make you angry and chuckle at the same time. As you will see, the way in which a State Farm claims adjuster treated 21 year-old Allison Ashbrook of St. Louis, Missouri–and their own insured who caused the accident--is not only shameful, but puts the “B” in blackmail. “I Didn’t Look Before Backing” As Allison Ashbrook of Saint Louis, Missouri explained: “On May 4th, I drove into the Jack in the Box parking lot on Telegraph Road in Saint Louis headed toward the drive-through window, when the passenger side of my car was smashed by a vehicle backing out of a parking space so suddenly that I was unable to react. “I never saw lights or movement before the impact occurred. Both passenger-side doors were badly dented and the side-mirror was knocked off.” She sent photos and repair estimates which run from $4,000 - $5,000. Allison isn’t claiming injuries. All she wants is to get her car fixed. You would think that a claims adjuster would respect that, right? Wrong. You haven’t met State Farm claims adjuster Aharon Espino. Both cars parked, and the parties exchanged information. The driver at fault is Patrick Gilfoy who, ironically, is the owner and only instructor at West RES IPSA LOQUITUR

County Driving Instruction in Saint Louis, MO. His website proudly states, “My instruction takes place behind the wheel with oneon-one training, [including] parking lots...” (I can just imagine his lecture on backing out of parking spaces. “First, put on this blindfold and your car into reverse, say a prayer that no one is behind you, and floor it!”) “Mr. Gilfoy was very polite and immediately apologized, admitting that he did not look before backing. Even though there were three police officers about 100 feet from our position, he did not want to get a police report,” Allison said. Odd. 3 police officers standing right there and Patrick does not want a police report? “This is the Mafia, uh, State Farm Calling” “I reported the incident immediately to his insurance company, State Farm. The following day they called, took my statement and shortly thereafter adjuster Aharon Espino sent me a letter stating, ‘You were 25% at fault for inattention and failing to take evasive action.’ “I was told that unless I accepted their decision as to my percent of fault, they would not discuss property damage! Also, Espino’s letter referred to California Insurance Regulations!

I wondered, “Does he know that Saint Louis is about 2,000 miles from California?” (I need to send Aharon Professor Beaver’s book, North American Geography for State Farm Adjusters.) Allison–justifiably–felt blackmailed. “It was either admit fault or forget my property damage! That is so wrong, how can State Farm treat people that way?” she wondered. I did too, yet, despite her authorization to discuss this case with me, State Farm’s spokesperson, Sevag Sarkissian, has stonewalled. But he acknowledged that holding


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Res Ipsa Loquitur, July/August 2021 by Kern County Bar Association - Issuu