PCTG Consumer Complaint Report Record ID#: 1116444320

Mr. James John Consumer Service Manager: On April 28, 2005 Mrs. Thomas Cooke was involved in an auto accident. Her 2003 Saab 9.3 sustained damages to its front-end sheet metal and unibody structure. On April 29 our facility was contacted by her husband to pick up the vehicle at Miller’s Automotive Service and tow it to our repair facility and make the necessary arrangements to repair. That afternoon Mr. Cooke stopped by our facility to inspect the damages of his vehicle and signed our Authorization to Repair giving us his permission to represent his interest and repair said vehicle. On May 2, 2005 Mr. Cooke contacted our facility to advise that Shelby Insurance Company would be contacting us to make arrangements for an inspection. On May 3, 2005 we were contacted by Mr. Jeff Starsinic of Starsinic Appraisal Service to make an appointment to stop by and inspect the damages on Mr. Cooke’s vehicle. We agreed he would stop by on Friday after 10:00 to inspect the damages however, we asked that Mr. Jeff Starsinic write his appraisal at our facility following Pennsylvania State guidelines as we had previously experienced problems with Shelby Insurance Company. Jeff Starsinic advised his instructions where to inspect the damages and he would not be writing his appraisal at our facility. He advised he is not required to leave a copy of his estimate of damages as there is nothing in the State Law that requires him to do so. His plans were to take photos, make notes and prepare his appraisal of damages at his office. Once completed he is required to send his appraisal to Shelby Insurance Company for a desk review/audit and a Shelby representative would contact our facility for an agreed price. I advised Jeff Starsinic that his planned procedure is not in compliance with the guidelines of the Department of Insurance and I would not permit this to happen. I explained he is welcome to visit our facility for the appraisal purposes however state guidelines must be followed. I contacted the Pennsylvania Department of Insurance’s Consumer Service Manager Mr. James John and requested the proper methods of appraising property damages according to the Commonwealth Law and Regulations. Mr. Johns advised that the appraiser must leave a copy of the appraisal and review the appraisal with the consumer’s representative. I explained this process to Mr. Thomas Cooke, our consumer who requested a copy of the State Law and Regulations pertaining to the appraisal process. Mr. Cooke contacted Shelby Insurance Company and asked the claim representative if their appraiser would be leaving a copy of the appraisal at the repair shop. The claim representative advised Mr. Cooke that Shelby’s independent appraiser would leave a copy of the appraisal with the repair shop. Jeff Starsinic missed his initial appointment at our facility on Friday, May 6 and contacted our office again on Monday, May 9, to set up another date and time. He advised that he had discussed our facility’s requirement to abide by state guidelines with Shelby Insurance Company, however the insurance company’s requirement for Starsinic to inspect but not get an agreed figure to repair Mr. Cooke’s Saab would not change. Jeff Starsinic argued his right to inspect the damaged vehicle without leaving an appraisal and we disagreed with his proposed inspection. Starsinic then contacted our consumer for his permission to inspect the vehicle. Our consumer contacted our facility requesting us to allow Starsinic the opportunity to view his vehicle and we agreed to our customer’s wishes.''' On Wednesday May 11, Jeff Starsinic stopped at our facility at approximately 10:15 am to inspect Mr. Cooke’s vehicle. Mr. Cooke also stopped by to monitor the appraisal process and pickup a rental vehicle. Jeff Starsenic introduced himself to me. I asked if he is a licensed state property damage appraiser and his reply was yes. I asked to see his state appraiser’s licensed as per State Law. Jeff Starsinic replied he did not have his appraiser’s license with him. I advised that he is not in compliance with the Appraiser’s Act and the fact he is willing to violate the law’s purpose is a disregard for our consumer’s rights to a proper appraisal. Mr. Cooke intervened and asked if I would allow Jeff Starsinic to inspect his vehicle as the additional time it would take to assign another appraisal firm would cost him additional out of pocket rental expense. I reluctantly agreed as it was Mr. Cooke’s vehicle. The inspection took place as per the consumer’s request, however Jeff Starsinic still refused to write an appraisal while at our facility. Jeff Starsinic inspected the damaged Saab and photographed many assorted angles of the vehicle. Starsinic began to take notes of the damages when I requested once again a written appraisal while he was at our facility and again Starsinic refused. In an attempt to satisfy Mr. Cooke’s needs I suggested to Jeff Starsinic he could review our facility’s appraisal, which I had previously prepared. If there were any items on my appraisal he disputed he could strike them from the appraisal and we could utilize the appraisal as an agreed amount to begin repairs of the vehicle. Jeff Starsinic agreed to utilize my appraisal and we inspected the parts and labor I had previously documented. As we evaluated the necessary unibody and frame repairs he started to question the labor times written on my appraisal as out of line with his ability to compensate as per company guidelines. I suggested we wait until we dismantled the sheet metal away from the inner structure and then supplement needed procedures however, he refused to compensate necessary labor to repair adjacent panel damage from the replacement of the radiator support. Jeff Starsinic commented the procedure in question is an included procedure and he would not allow for the time appraised. I pointed out the data bases of all three leading estimating programs does not include adjacent panel - welding damages as included operations as part of the replacement times and additional labor needs to be included in his appraisal. He advised he would provide an hour for the procedures, which I disputed as not enough. I suggested we wait until the vehicle is dismantled and then supplement according to the P-Pages (procedure pages) then I could prove the procedure is necessary. I offered to show Starsinic and Mr. Cooke a similar vehicle currently under repair and the reason for the labor needed. We inspected a 2000 Honda Civic in process at our facility and I verified the reasons to address the welded areas in question. Starsinic continued to dispute the appraised time and again I offered to deal with the issue during the supplemental process. Starsinic advised there would be no adjustments for the adjacent panels. At this time Jeff Starsinic stopped the appraisal discussion and requested permission from our consumer Mr. Thomas Cooke to have the vehicle removed from Crawford’s Auto Center to any one of 15 other body shops in the Chester County area that would repair the vehicle for Starsinic’s appraised amount. Mr. Cooke replied he wanted Crawford’s Auto Center to repair his Saab. Jeff Starsinic then offered to have the vehicle towed for free to one of these other shops in the area that would repair the damages for his appraised amount. Please Note: Jeff Starsinic had not even prepared his own appraisal as he was still utilizing the Crawford’s Auto Center appraisal as the non-agreed figure to begin the repair process. Ignoring my presence, Jeff Starsinic made several attempts to steer & direct our consumer to another repair facility without mentioning disclosure or providing a written appraised amount, which included the state’s required written disclosure statements.'''' The unlawful attempt to steer & direct my consumer directly in front of me, at my repair facility created unnecessary stress between Jeff Starsinic and my ability to act on behalf on my consumer. I had previously offered to wait until the actual repair process to discuss additional repairs needed. I offered to utilize my previously written appraisal written on the ADP data program to arrive at an agreed price to begin repairs. Now, Jeff Starsinic attempts to persuade my consumer away from our facility with free towing to another repair facility, which had never seen the damages in question. I countered his offer of free towing and another body shop with enforcement of the Pennsylvania Appraiser Act and Regulation. I advised that he had violated practically every consumer oriented protection segment of the State Law and Regulation and I would be filing a complaint with the department against him and Shelby Insurance Company plus I would do what ever I could to have his license revoked. Jeff Starsinic flipped over the Crawford’s Auto Center appraisal and wrote a paragraph on the back side stating that the document was an appraisal only” and it would have to sent to Shelby Insurance Company for review. Statement as Follows > The charges documented on the copy will be dully noted on this damage assessment it will be provided to Shelby Ins. The procedures followed were set by the shop in agreement not Shelby Ins. & the owner. The shop & owner are aware this is appraisal will be reviewed by Shelby Ins. & this is not an agreed price. - Jeff Starsinic Appraiser PA. Lic. #136709 (Copy included with DOI complaint) Jeff Starsinic requested I provide him with a copy of his statement written on the backside of the Crawford’s appraisal. Prior to his departing our facility he requested I sign my signature below his statement, which I refused. He then departed our facility NOT leaving an appraisal. Several minutes later I received a faxed copy of his state appraiser’s license sent from his office. He then called by cell phone and asked if I received his appraiser’s license and to also complain his livelihood would be affected if I filed a complaint against him. I explained it was his wanton disregard for State Law and Regulation that created his problems and his relationship with Shelby Insurance Company.' That afternoon @ 3:23PM I received a copy of his appraisal. Stamped APPRAISAL ONLY” - The estimate included the following statement > THIS IS NOT AN AUTHORIZATION TO REPAIR, AN ACCEPTANCE OF LIABILITY, OR A GUARANTEE OF PAYMENT. THIS IS AN AGREEMENT OF ESTIMATE CONTENT WITH THE REPAIR FACILITY LISTED ON THIS ESTIMATE: THE FINAL ESTIMATE AMOUNT IS SUBJECT TO CHANGE. THIS ESTIMATE IS SUBJECT TO BE AUDITED AND /OR CHANGED BY SHELBY/VISTA INSURANCE OR ONE OF ITS AFFILIATES”. Friday - May 13, I received a phone call from Jeff Starsinic asking if I would provide him with an agreed price on his appraised amount. I advised, no I am not in agreement as we where in a disputed situation on the necessary repair. He requested again for an agreed price and advised that Shelby Insurance Company had given him permission to act on their behalf to get an agreed figure for the damages to Mr. Cooke’s Vehicle. I refused stating I would not be cornered by Shelby Insurance Company in a contracted repair scenario plus the manner in which Starsinic handles himself in the marketplace is exactly the reason Shelby Insurance Company is able to manipulate consumer’s claim throughout the Commonwealth. That afternoon Mr. Cooke contacted me to advise that Shelby Insurance Company had contacted him and explained that our shop would not agree to repair his vehicle for the appraised amount and for this reason they would not pay any additional compensation on the claim than the amount appraised by Jeff Starsinic unless Mr. Cooke would agree to have his vehicle removed to a repair facility recommended by Shelby Insurance Company. Mr. Cooke advised he would not allow the insurance company to move his vehicle and if necessary he would pay the difference? The insurance company advised they would not honor any supplemental amounts or send an appraiser out to re-inspect additional damages if he elected to have his vehicle repaired at Crawford’ Auto Center. I explained to Mr. Cooke I would contact the Department of Insurance and discuss the situation with Mr. James John. I then contacted the Insurance Department to discuss the claim and James John requested I prepared a complaint and send it to his office. The behavior of Shelby Insurance Company and their representative Jeff Starsinic is in violation of the laws and regulations written to protect consumers. Jeff Starsinic has acted with a wanton disregard for the consumers he has been licensed to protect. The Motor Vehicle Physical Damage Appraiser Act and its Regulation in conjunction with the Unfair Insurance Practices Act have been manipulated to serve the manner in which Shelby Insurance desires to handle claims and inspect property damage, not the regulated process put into place by the legislative body of the Commonwealth. As long as state licensed appraisers such as Jeff Starsinic continue to move about the market place in a noncompliant approach towards State Law the citizens of the Commonwealth will be at risk.''' Please investigate our concerns and bring enforcement action against those individuals noncompliant with state law and regulations. Thank You, Stephen E. Behrndt, President Crawford's Auto Center, Inc. 203 W. Uwchlan Ave. Downingtown, Pa.