Date of Report Submission: 05/14/02
Name:
Address:
City:
State:
Zip:
Daytime Phone:
Evening Phone:
Repair Facility: Crawford's Auto Center, Inc.
State Appraiser License: N/A
Shop Representative: STEPHEN BEHRNDT
Address: 302 W. UWCHLAN AVE.
City: DOWNINGTOWN
State: PA
Zip: 19335
Phone: 610-269-1610
Insurance Company: NATIONWIDE INSURANCE COMPANY
Claim Number: 58 37 918563 04272002 01
Insurance Company Representative: KRIS KAPUSTA
Date of Loss: 4/27/2002
Appraiser License Number: #168303
Insurance Company Phone: 215-283-3302
Consumer Legislative Representative: Taylor, Elinor Z. (R) - District 156
Consumer Senator: Thompson , Robert J. (R) - District 19
Repair Facility Legislative Representative: Schroder, Curt (R) - District 155
Repair Facility Senator: Thompson , Robert J. (R) - District 19
Complaint Comments:
TO: Pennsylvania Department Of Insurance, Please consider this explaination a quick review of the facts as we have been involved. Mr. & Mrs Matyjaszek will need to be contaced for their input as to what occured as per telephone converstaions with Nationwide Insurance Company representatives. Mr. James Matyjaszek was involved in an auto accident on 4/27/02. His vehicle was towed to our repair facility for storage and repairs. That afternoon Mr. Matyjaszek contacted our facility to advise us Nationwide Insurance Company told him to have his vehicle removed to a Nationwide approved repair shop. I asked our consumer where he wanted his vehicle repaired and he told me Crawford's Auto Center. That afternoon Mr. Matyjaszek and his wife stopped by to view the damage to his vehicle and again advised us he wanted our facility to repair his vehcile. Monday morning 4/29/02 our consumer contaced us and asked to have his vehicle released to Nationwide Ins. Co. I asked him why he changed his mind and he advised that he was told by a Nationwide representative to have his vehicle moved to 3-D Collision Center, Inc. a Blue Ribbon shop for Nationwide. I asked Mr. Matyjaszek where he wanted his vehicle repaired and he advised me Crawford's Auto Center. I explained his consumer's rights and advised him we would continue with the administrative end of the repair process if he wished us to do so. He agreed and asked us to retain his vehicle at our facility. Nationwide contacted our facilty and insisted we release the vehicle and we refused. Mr. Kris Kapusta the Nationwide appraiser began calling both Mrs. & Mr. Matyjaszek and telling them to release the vehicle to 3-D Collision Centers. Both Mr. & Mrs. Matujaszek were verbally confrontated by Kris Kapusta on several phone calls until they contacted me with these complaints. I then contacted Mr. James John Consumer Service Investigator at the Pa. Department of Insurance and asked if the DOI could intervene. Later that afternoon Kris Kapusta stopped by our facility to appraise the damages to our consumer's vehicle. He immediately challenged me for contacting the DOI and advised me I was telling the DOI half-lies regarding Nationwide's attempts to move the Matyjaszek's vehicle. We permitted Kris Kapusta to examine our consumer's vehcile which he appraised as a total loss. Kapusta wrote a $9,700.00 repair estimate against an $18,000.00 vehicle which only had 39,000 miles and totalled the vehicle @ 50% ACV. Kapusta requested to take pictures for his records which we allowed at this time. Later that afternoon Mr. Matyjaszek contacted us to voice his dissapointment with the out come and evaluation provide by Nationwide Insurance Company. Kris Kapusta had written a prior damage report which depreciated Matyjaszek's vehicle by an amount of $1,685.61 giving the consumer a less than average amount for his vehicle. We suggested Matyjaszek report the previous damage on his vehicle as a another claim to off-set Nationwide's estimate and deprectation however, they advised him they would increase his policy cost by at least 30% and possibly drop his coverage for reporting two claims within two years. At this time Mr. & Mrs. Matyjaszek decided to except the Nationwide settlement and replace their vehicle. The damaged vehicle was released to Nationwide's salvage agent (Copart). A week later Mr. Matyjaszek stopped by to show us paperwork he received from Nationwide Insurance Company. While looking over the reports I found a "Prior Damage Estimate" written by Kris Kapusta. The first item on this report was a charge for "Setup and Measure @ 2.0 then another charge for "Pull Time" @ 4.0. In my professional opinion these were unnecessary items needed to repair the damage to the vehcile. It appeared as though Nationwide over-depreciated the cost of prior damage to help increase the total loss eshold of our consumers vehicle. We explained this situation to our consumer who felt taken advantage by his insurance carrier. He asked what he could do to rectify his loss and we suggested an independent, third party evaluation of damages. Mr. Matyjaszek contracted with Charles Barone to travel to the Copart Salvage facility and view the suspected non-damage to our consumer's vehicle. When Barone requested to visit the vehicle at Copart Nationwide staff refused to allow his visit. After repeated calls and a autorization letter from our consumer to Copart, they eventually agreed to allow Barone access to write a independent report. At this time we are waiting for the report which we will send to the DOI once we receive it. We understand as of 5/14/02 Nationwide refuses to properly compensate our consumer's loss and refuses to repair his property. Mr. Matyjaszek is out a week car rental expense. Has not received a settlement from Nationwide Insurance Company and has nowhere to turn for help settling his claim. It is our opinion had the Matyjaszek's permitted Nationwide to steer their damaged vehicle at the onset to Nationwide's recommended repair facilty the vehicle would have been repaired under the Nationwide Blue Ribbon DRP program. Because the Matyjaszek's chose to exercise their consumer rights and select an independent repair facility they have been forced to accept a loss in their investment and property. Not only have they lossed the average retail investment of their property the insurance company took advantage of our consumer and unfairly under valued the Matyjaszek's another $1,685.61. The above method of claim handling is a violation of Pennsylvania's Consumer Protection Laws & Regulations written to safeguard the citizens of the Commonwealth. Please contact our consumers and investigate the above claim in respect to compliance of the above violations. Thank You, Stephen E. Behrndt, President Crawford's Auto Center, Inc. 302 W. Uwchlan Ave. Downingtown, Pa. 19335 610-269-1610