PCTG Consumer Complaint Report Record ID#: 1349104515

Date of Report Submission: 10/01/12

Complaint Comments:

An estimate was prepared for the City of Bethlehem on a repair for an EMERGENCY SAFTEY Vehicle that we determined required a OEM replacement panel with an explanation from the manufacturer(FORD)with their directive on the proper repair of such damage. The adjuster (Ken McCauley) explained Gieco's position that they were recommending a recycled(used) part. I presented Mr. McCauley with the Manufacturers recommended method of repair. He responded that he would forward my request to his direct supervisor, Dave Walker. Ken McCauley Responded to me several days later that Dave Walker was refusing our request to follow manufacturer recommended repair practice and procedures. He further stated that Dave Walker was refusing our request because the documentation provided was only created to help the manufacturer sell more OEM parts. I found this response unacceptable and I am filing this complaint to serve notice to the state that they enforce a manufacturer's recommended repair procedure involving the city's of Bethlehem's EMERGENCY SAFTEY Vehicle with Gieco Insurance. This is a violation of State law. I am specifically citing from the Pennsylvania Motor Vehicle Physical Damage Appraiser Act(see Below) that states the appraiser's is charged with a high degree of regard for the public safety, the operational safety of the vehicle shall be paramount in considering the specification of new parts. Their stated position would require me to re-engineer the vehicle and used parts to facilitate the repair; while we possess the capability to perform the repair, I am not willing to accept the legal liability for such a repair. 861. Compliance with act (a) Each appraiser, while engaged in appraisal duties, shall carry the license issued to him by the Insurance Department and shall display it, upon request, to an owner whose vehicle is being inspected, to the repair shop representative involved or to any authorized representative of the Insurance Department. (b) The appraiser shall leave a legible copy of his appraisal with that of the repair shop selected by the consumer to make the repairs and also furnish a copy to the owner of the vehicle. This appraisal shall contain the name of the insurance company ordering it, if any, the insurance file number, the number of the appraiser's license and the proper identification number of the vehicle being inspected. All unrelated or old damage should be clearly indicated on the appraisal which shall include an itemized listing of all damages, specifying those parts to be replaced or repaired. Because an appraiser is charged with a high degree of regard for the public safety, the operational safety of the vehicle shall be paramount in considering the specification of new parts. This consideration is vitally important where the parts involved pertain to the drive train, steering gear, suspension units, brake system or tires. A copy of the Manufacturers service bulletin is available upon request. Respectfully, Andy Estojak

Itemized List of Submitted Complaints
Violation of Automotive Industry Trade Practices Title 37
Refusal to use Quality OEM Parts

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: Andy's Champion Auto Body

State Appraiser License: N/A

Shop Representative: Andy Estojak

Address: 708 Jennings St

City: Bethlehem

State: PA

Zip: 18017

Phone: 610-867-5891

Insurance Information

Insurance Company: Gieco Insurance

Claim Number: 0237851730101038-04

Insurance Company Representative: Ken McCauley

Date of Loss: 07/04/2012

Appraiser License Number: 467527

Insurance Company Phone: 717-487-8876

Legislator Information

Consumer Legislative Representative: Samuelson, Steve (D) - District 135

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

Repair Facility Legislative Representative: Samuelson, Steve (D) - District 135

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