PCTG Consumer Complaint Report Record ID#: 1197420832

This complaint is written on behalf of a misinformed Pennsylvania consumer. State Farm has a new method (scheme) of conducting business in this Commonwealth. A vehicle is deemed an economical total loss by their staff appraiser Ken D'Annabela at an independent collision shop on Thursday 11/29/07, a State Farm label is placed on the windshield with writing and the appraiser tell the shops employees (not the management) the vehicle is a total loss and leaves. The inside claims personnel take over from here, contacts the owner of the total loss vehicle and tells them. (This is the tactic they like to use "your rental will expire in 2-3 days but we can help you, Bla! Bla! Bla!"). They instruct them to go to their State Farm Agency/Bank office on Saturday 12/01/07, bring their title and in good faith have it signed over to State Farm, they'll make sure that all is done right and will be taking care off, they pay the unaware and financially burden policyholder the ACV (which was completed on 11/30/07) of the total loss vehicle with a final check. They ask the policyholder that on Monday 12/03/07 they should go to the shop and remove all their personal items from their total loss vehicle because State Farm will have to remove their recently obtained salvage vehicle from the shop.' The policyholder/former owner was told that on Wednesday 12/05/07 State Farm scheduled the salvager for pick up the vehicle for them. On that day (12/05/07, two telephone calls were received) in the early business hours, they call the shop where the vehicle has been all this time since the accident and told the shop they need to discuss the charges of the vehicle, on the returned telephone call, I gave Carol (total loss specialist) the dollar amount and the breakdown of the charges. 'It amazed me of the response I got "this is ridicules, unusual, outrages and uncustomary that a shop can charge that, the vehicle is NOW State Farm's property and we don't have to pay this, you need to negotiate the charges" and then Carol started to tell me what she would only pay, and that is it!!!. She knows what we did here in the past. 'I stated that this accrued charge did not seem to matter when they were paid in full in the past years for State Farm total loss claims and NOW they are ridiculous, unusual, outrages and uncustomary charges that the vehicle shouldn't have accrued any charges, then what Carol believes. She informed me in a confrontational and argument manner that she will have to remove their newly obtained property with a writ of replevin if the shop does not adhere to their terms & conditions. 'There was no consideration given when a shop attempting to correspond daily with the State Farm claims personnel. Since 11/30/07 multiple FAXES were send, telephone calls were made, etc. of the urgent matter to respond to the shops notices and have the total loss vehicle removed, and that, the vehicle was ready on Monday 12/03/07"¦.' Conveniently they waited until they set up their scheme by obtaining the signed vehicle title with a Power of Attorney of the total loss vehicle. And then they call the shop to lessen the charges if not they threaten to take action, because financially they can. 12/06/07 Tanya (total loss specialist) called asking us if we want to accept the title of the total loss vehicle in lieu of the charges, we declined their request and again we were told that they will not pay this accrued charge, and she will have to discuss this with her upper management, and then fellow actions. On 12/07/07 we received a fax from Tanya, requesting a break down of the charge, we gladly provided that information on behalf of the consumer. There is a problem that they overlooked in their process of handling this claim, (as we have, upon request send in for prier claims to State Farm) our shops document called A REPAIR CONTRACT or REPAIR OF AUTHORIZATION which is signed from the original owner of the vehicle and allows our shop to repair their vehicle and also collect any and all applicable services rendered, parts, material, etc"¦. As fur, as I am concerned the shop has also a legal document prepared by a Pennsylvania licensed appraiser indicating repairing this vehicle in the amount of $13,111.23 less the deductible, no where in this document does it state that this vehicle is a total loss, nor any formal written letters or corresponds were relayed to the shop by State Farm. So I could start repairs according to the written estimate cost, (plus call in for supplemental damages) left at the shop 11/29/07. This action taking by State Farm will place the unaware consumer at a certain financial & legal liability or be held responsible for the accrued charges. Committing Error & Omission in my opinion is one of the best characters an insurance companies has. Note: 62.3 (6) Incidental charges, known at the time of the appraisal, including towing, protective care, custody, storage, depreciation, battery and tire replacement. This was not necessary for the consumer to know, nor for the State Farm staff appraiser to ask the shops personnel on the day the vehicle was founded to be a total loss. In fairness State Farm's conveniently addressed to the consumer verbally and in a letter received 12/03/07, that the rental & storage charges will be paid until 12/05/07, and after then it became her problem. Note: 62.3 (8) the date, if any, after which an insurer will not be responsible for any related towing services or storage charges, known at the time of the appraisal, and after which the charges will be the responsibility of the consumer. But not this one, Forget about it that's not important! Note: 62.3(11)(d)(1)(iii) Additional charges for towing services or storage chargeable against the motor vehicle as of the date the appraisal. 'Please review this concern on behalf of this consumer, State Farm has misinformed her to believe that everything will be done right. Were still waiting for this vehicle to be removed from our facility.