Wednesday, April 23 2014, 09:23 AM MDT
Orem Man Wins Long Battle With Ins. Over Fault
By Matt Gephardt
Produced by Michelle Poe
Edited by Aaron Colborn
(KUTV) Sherm Webb says he lost his bumper when another driver ran a red light and hit him.
"I don't know anyone who feels I am responsible at all," Sherm said.
Police reports and witness statements all back up Sherm’s description of the accident. Still, the other driver's insurance company, Farmers Insurance, seems to be ignoring the evidence and they refuse to pay for 20% of the damage to Sherm's car.
“[Farmers Insurance] is insisting that I admit 20% responsibility," Sherm said.
Not wanting to pay any percentage of a claim that he says is zero percent his fault, Sherm decided to Get Gephardt and we called Farmers Insurance on his behalf through their public relations department. Over a year ago, a spokesperson for Farmers said they had conducted their own investigation which showed that their client was not at fault, saying she had "control of the intersection." Farmers held fast refusing to pay any more than 80% of the claim.
But that is not the end of the story.
Months later, Farmers eventually did pay to fix Sherm's car. Why? Sherm sued.
“I eventually had to file in small claims court to collect the money,” Sherm said. “We never actually went to court with it. It was settled."
By sticking to his guns, in the end Sherm got nearly $2,000 out farmers insurance covering 100% of the repair costs to his car.
Get Gephardt asked several insurance experts, how when all of the evidence points to one person being at fault is the insurance company really allowed to just declare they are not at fault. I was told that it’s rare, but it does happen and when it does the only remedy for someone that feels they are due more is to do as Sherm did, and take the insurance company to court.
(Copyright 2013 Sinclair Broadcasting Group)