PCTG Consumer Complaint Report Record ID#: 2071943876

Date of Report Submission: 08/28/09

Complaint Comments:

PA Department of Insurance: Please review Claim # PAE-PA-01-09-0089653. Physical damage appraiser David Armistead has acted in an unprofessional manner consistently throughout this repair process. On July 29, 2009 David arrived at North Star to inspect the claimant's 07 Nissan Maxima that was hit primarily in the rear and had secondary damage to front of the vehicle. North Star presented their estimate of the damages to David. David reviewed the damages with Benjamin at the shop and stated that there were things on North Star's estimate that his company would not allow him to pay for. In the spirit of negotiation Benjamin told David that he should write the vehicle as he sees fit with the understanding that North Star would be performing and seeking compensation for the items listed on their original estimate. Any discrepancies between David's original estimate and North Star's would be settled through a supplement. David finished his visual evaluation and left the shop without providing a copy of his estimate. Take note that David is currently claiming that he was not given prior notice to many items listed on North Star's supplement, when in fact they were on the original estimate. Several days later we received David's estimate. North Star took note that David had applied a 50% betterment to the front bumper cover repair and refinish. Before beginning the repairs on the front cover North Star contacted the vehicle owner to ensure he understood that he was responsible for the 50% of the cost to fix his front cover. The vehicle owner had stated that David mentioned something to him about other damage to his front cover but he was not aware that he had to pay 50% of the cost. Needless to say our customer was very upset and he came to North Star to discuss his options. David acted unprofessionally by not explaining what betterment is to the customer and not informing the claimant that he was applying betterment to his front cover repair and refinish. David put the burden informing the customer on North Star. North Star was not compensated for the time it took to meet with and discuss the betterment situation with the customer. This was David's responsibility and he failed to thoroughly perform his job. As the vehicle was nearing completion North Star completed their supplement for the repairs and contacted David. David stated that North Star should have contacted him earlier about these additional needed items. North Star feels that David was aware of these items because many of them were on the North Star's original estimate, which was provided to David during his initial visit to North Star. North Star submitted their supplement to David. Several days later David called and said that he received the supplement and was going to begin processing it. The next day North Star received a fax of David's completed supplement which was significantly less then North Star's supplement. Benjamin called David and left him a message to call North Star to discuss the discrepancies between his and North Star's supplements. David never called. David is blatantly avoiding the shop and is making no attempt to reach an agreed price. David did not give a legitimate explanation why he discounted or did not pay for the following items: "¢ The Database provided refinish time for the new rear impact bar which David had on his original sheet. David deleted the refinish time claiming that the bar was made of fiberglass. The impact bar was made of steel and required refinishing. David is arbitrarily altering the database without any regard for the truth or reality. "¢ David did not pay for an alignment for this vehicle. It is standard procedure that any vehicle that is hit this hard and requires structural pulling of the rear body panel, which he agreed and paid for, is also in need of an alignment. North Star provided this alignment but was not compensated for it. North Star provided the computer printout of the alignment to David which showed that the back end was out of alignment prior to performing the alignment and that the vehicle was in manufacturer's specifications after the alignment. "¢ North Star tracks all materials used on the repair through a computerized mixing scale and software program that is purchased and maintained through Dupont and Yada Systems. North Star provided the invoice to David to be compensated for the materials used to restore this vehicle to pre-loss condition. David provided no explanation why he did not pay this (he never called back) but did say in a previous conversation that he would require invoices for any parts not on the original estimate. How can David require invoices for one item necessary to restore the vehicle to pre-loss condition while ignoring another invoice? "¢ Nissan delivers their plastic parts without a primer coating. This vehicle required a new bumper which is made of plastic. The shop must take necessary steps to prep the bumper to ensure that the paint will stick, as per Dupont's outlined procedures necessary to warrant the repair and paint work. North Star charges a half hour to pre-bake the cover and then an hour in the refinish column to remove mold release agents and apply adhesion promoters, again as outlined in Dupont's procedures. The cost of the adhesion promoters alone is $25 in addition to the cost the gas to heat the booth for the pre-bake, the product to remove mold release agents, and the cost of the labor. David paid $20, with no explanation. "¢ Several other operations David took the liberty of providing Donegal with a discounted price or not paying at all and he did not provide North Star with an explanation. "¢ The underlying issue in addition to David's unprofessional conduct is that he is not only refusing to pay the shop for necessary procedures and materials to restore this vehicle to pre-loss condition, but he is also refusing to pay the sales tax. Who is responsible to pay the sales tax on materials/products purchased by North Star on a PA tax exempt # for resale purposes? ' David's conduct suggests that his approach to estimating is guided by other influences besides his individual knowledge of professional repair processes necessary to repair this particular vehicle. Please review this claim and David's unprofessional conduct.

Itemized List of Submitted Complaints
Unprofessional Behavior
Non-Independent Appraisal
Arbitrary Capping & Underpayment

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: North Star Auotmotive

State Appraiser License: 3001992

Shop Representative: Keith A. Stephens

Address: 4230 Fritch Dr.

City: Bethlehem

State: PA

Zip: 18020

Phone: 610-865-9646

Insurance Information

Insurance Company: Donegal Insurance Group

Claim Number: PAE-PA-01-09-0089653

Insurance Company Representative: David Armistead

Date of Loss: 7/25/2009

Appraiser License Number: 139700

Insurance Company Phone: 6107752612

Legislator Information

Consumer Legislative Representative: Harhart, Julie (R) - District 183

Consumer Senator: Boscola, Lisa M. (D) - District 18

Repair Facility Legislative Representative: Dally, Craig A. (R) - District 138

Repair Facility Senator: Boscola, Lisa M. (D) - District 18