PCTG Consumer Complaint Report Record ID#: 1149355900

Date of Report Submission: 06/03/06

Complaint Comments:

Pa. Department of Insurance: This is a second complaint against Progressive Insurance Company representatives relating to the initial complaint filed on June 2, 2006: COMPLAINT: Progressive Insurance Company's market conduct requires a Pa. Insurance Department investigation due to the unprofessional manner in which representatives from the insurance company are handling our consumer's claim. On May 16, 2006 our consumer was involved in an auto accident in which the vehicle sustained front end damage. Progressive Insurance Co. assigned staff appraiser Ms. Crystal Powell #434384 to inspect the damages. On May 18, 2006 staff appraiser Ms. Crystal Powell stopped by our repair facility to inspect damages and prepare Progressive's assessment of the loss. We agreed to dismantle our consumer's vehicle utilizing Progressive's initial appraisal as a guideline for the repair process and with the understand Ms. Powell would make arrangements to inspect additional damage once the vehicle was disassembled. On May 26, 2006 appraiser Ms. Crystal Powell stopped by our facility to inspect supplemental damages we found during the dismantling process. During this inspection Ms. Crystal Powell was shown a damaged wiring harness that ran from the alternator connection through the fuel injection system into the fuse box. The wiring harness had been crushed between the damaged radiator support and the alternator and engine area. The harness was cut and the rubber covers (boots) over the connectors ripped open. The plastic connectors sustained impact and showed stress areas within the wire connectors. Our facility's repair order requested reimbursement for the complete harness and labor to install a partial or complete harness depending upon any additional damages discovered through the dismantling procedures. Our local Acura dealer advised that it was necessary to acquire the complete harness to receive the sections needed that were damaged. Ms. Crystal Powell contacted the Acura dealer to ascertain availability and cost of the harness and estimated labor to install. Ms. Powell agreed with our opinion to replace the harness and utilized the Acura dealer's quotation for her appraisal which included part cost by invoice and the estimated 16.0 hours to install the wiring harness. Acura advised this estimated replacement labor could increase depending on whether or not the instrument panel would be removed to install the harness. We agreed that she would visit our facility the following week to prepare a supplemental for the cost of the harness using the Acura parts invoice to arrive at a proper price for her supplemental report. On May 31, 2006 Ms. Crystal Powell contacted our facility to arrange for her supplemental inspection. We agreed she could stop by at 3:00 on Thursday to finalize her supplemental report however at this time she advised that a change in repair methods would be necessary regarding the wiring harness. We asked her what this meant and she advised that she would be requiring our facility repair the harness by taping-up the wires and connectors rather than replace the harness. On June 1, 2006 @ 3:00PM Ms. Crystal Powell arrived at our facility to continue with the second supplemental stage of her appraisal. She advised she would be revising her original supplemental report to reflect the changed wiring harness procedure. We showed her the vehicle which had been partially dismantled in the engine compartment to remove the harness. We advised Ms. Powell that our technician had already started the harness replacement procedure and the new harness had been purchased for the replacement. She advised our facility would be required send the part back to the dealer and repair the harness as per her instructions. We advised we would not alter from the original agreed upon method to repair our consumer's vehicle as it is the proper method for repairs. Progressive had no right to change the course of the repairs 6 days after she left a signed Progressive Insurance Company repair appraisal with our facility and a check which reimburses the amount necessary to change over the harness. Ms. Crystal Powell returned to her Progressive Estimator's vehicle and made several phone calls. She came back inside our facility and advised she had made arrangements with the local Acura dealer to repair the wiring harness. She would be handling the cost of repairs directly through the dealership and handed over a revised supplemental report. We asked Ms. Powell what the document represented and she replied it is a negative supplement representing the change harness procedure. She then advised our facility would be contacted by Progressive's Subrogation Department for the outstanding balance due from her first supplemental report. We handed the Progressive negative supplemental document back to her and advised we would be discussing the manner in which Progressive was manipulating the claim with our consumer and the Department of Insurance.' Once Ms. Crystal Powell left our facility we contacted the local Acura dealership and spoke with the parts manager who advised he did in fact speak with Ms. Crystal Powell regarding the wiring harness however, he advised Ms. Powell the harness would have to be purchased as an entire unit as the rubber boots and the plastic end connectors could not be purchased individually. We also spoke with the Acura Service Manager who advised he also spoke with Ms. Crystal Powell however they only discussed labor times necessary to replace the harness as an entire unit. The Service Manager never agreed to repair the harness as he could not without inspecting the harness. Ms. Crystal Powell is not acting within the Law and Regulations of the Commonwealth of Pennsylvania. Progressive Insurance Company can not alter the repair process once they have submitted a mutually agreed upon method to repair the vehicle. Changing the course of repairs 6 days later, after parts have been received and the process started is certainly not conducting them selves in a manner to inspire public confidence by fair and honorable dealings. In addition, we also witnessed Ms. Crystal Powell in violation of State Laws and Regulations which prohibit Steering & Directing our consumer to another repair facility. By advising our consumer to have the wiring harness procedure handled by the local Acura Dealership she has acted in a noncompliant manner.'' ''''''' We request the Pa. Department of Insurance to investigate our complaint and enforce the required enforcement actions against the Progressive Insurance Company and their appraiser. Thank You, Stephen Behrndt #276003

Itemized List of Submitted Complaints
Violation of Unfair Ins. Practices Act Title 40
Violation of Unfair Claims Settlement PA Code Title 31
Violation of Regulation PA Code Title 31
Violation of Act 367 Title 63
Unprofessional Behavior
Refusal to use Quality OEM Parts
Non-itemized listing of all damages
Non-Independent Appraisal
No regard for Public Safety
Inaccurate description of repairs
Illegal Steering/Directing
Arbitrary Capping & Underpayment

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: Crawford's Auto Center, Inc.

State Appraiser License: 276003

Shop Representative: STEPHEN BEHRNDT

Address: 302 W. UWCHLAN AVE.

City: DOWNINGTOWN

State: PA

Zip: 19335

Phone: 610-269-1610

Insurance Information

Insurance Company: PROGRESSIVE INSURANCE COMPANY

Claim Number: 06-8434195-01

Insurance Company Representative: MS. CRYSTAL POWELL

Date of Loss: 05/16/06

Appraiser License Number: 434384

Insurance Company Phone: 610-719-2936

Legislator Information

Consumer Legislative Representative: Rohrer, Samuel E. (R) - District 128

Consumer Senator: Brightbill , David J. (R) - District 48

Repair Facility Legislative Representative: Schroder, Curt (R) - District 155

Repair Facility Senator: Rafferty, Jr. , John C. (R) - District 44