Date of Report Submission: 11/12/15
Name:
Address:
City:
State:
Zip:
Daytime Phone:
Evening Phone:
Repair Facility: Besten's Auto Body
State Appraiser License: Unknown
Shop Representative: Tony Besten
Address: 400 Gordon Avenue
City: Carbondale
State: PA
Zip: 18407
Phone: 570-282-7140
Insurance Company: Allstate
Claim Number: 000321990277D01
Insurance Company Representative: Barry Pozarowski
Date of Loss: 04/07/2014
Appraiser License Number: Unknown
Insurance Company Phone: 800-726-8890 x 1808518
Consumer Legislative Representative: Farina, Frank (D) District 112
Consumer Senator: Blake, John P. (D) District 22
Repair Facility Legislative Representative: Farina, Frank (D) District 112
Repair Facility Senator: Blake, John P. (D) District 22
Complaint Comments:
On April 7, 2014 I was involved in a motor vehicle accident. I had questioned the figures provided by the Allstate adjuster, Theodore Riviello, for the Actual Cash Value (ACV) and Estimate of Repair that provided Allstate the ability to repair my vehicle instead of declaring it a total loss. As such, I invoked my appraisal clause within my contract, and hired an independent appraiser. Allstate also hired an appraiser, and both of these appraisers could not reach a concensus among them. An umpire was hired, and the umpire decided that my vehicle is not a total loss. Since having the vehicle moved to Besten's Auto Body in April 2014 until today, the vehicle has been accruing storage fees and has fees due to the shop owner for tear down and other ancillary services. I have decided that I no longer wish to use Besten's as my repair facility and instructed my adjuster to coordinate the release of my vehicle from Besten's so I can take it to a different repair facility since I have lost faith in Besten's. Barry Pozarowski (Allstate Adjuster manager) responded to my email and said Allstate is not responsible for the storage and teardown and that would be my responsibility as the vehicle owner. I contend that it is Allstate's responsibility to pay for the storage and teardown pursuant to The Pennsylvania Code, Chapter 62 "Motor Vehicle Physical Damage Appraisers". In 62.3.8, the appraiser is required to provide "The date, if any, after which an insurer will not be responsible for 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". Allstate never provided me with such a date. Further, I have a copy of a letter from Allstate's attorney stating that they wished to resolve the claim expeditiously since storage charges were accruing.