PCTG Consumer Complaint Report Record ID#: 1564123391

Department of Insurance, ''' Attached is a copy of a letter I sent to Melissa Reyna of Agency Insurance Company on 12/03/2008, after a short phone discussion with Ms. Reyna, part of which Ms. Reyna informed me that my compensation for my claim could be diminished as a result of Towing and Storage charges that they incurred for leaving my car at G&L Automotive for twenty-eight (28) days. I told her it wasn't my fault that they responded so slowly to my claim. Since that call and as of the posting of this complaint I have not received any response from anyone from the insurance company including Ms. Reyna, other than a total loss evaluation that was faxed to G&L Automotive at my request. I also don't have possession of my car as I had Gary from G&L release it to the salvager. I ask for assistance from the Department of Insurance, as I still have no monetary refuge to my claim. It is now one month that I have been without a car or any funds for which to purchase another vehicle. Please help and thanks in advance, Leah Arnold. Dear Melissa Reyna of Agency Insurance Company, The following is a brief description of events that have taken place concerning claim # 43457. The accident occurred 11-06-2008 between me and your insured, leaving my car in a non-drivable condition. My car was initially towed to Leffler's Service Center on 11-06-2008. The car was then towed to G&L Automotive for what I thought would be the repair of the vehicle on 11-07-2008. On 11/10/2008 Gary from G&L informed me that he thought my car could be a total loss, and questioned me if anyone from your insurance company (Agency Ins. Co.) had made contact with me regarding the claim. I informed him that no one had called me, and that I didn't have a phone number for the Insurance Co. Gary took it upon himself to find your company's phone number, the claim number, and then called and left a message for you on 11-12-2008. After not hearing anything, Gary again made contact with you concerning my car, at which time he told me that Property Damage Appraisers would look at the car the next day. Tom, from Property Damage Appraisers looked at my car with Gary from G&L Automotive on 11-19-2008, at which time my car was deemed a total loss. Gary informed me that Property Damage Appraisers and/or Agency Insurance Company would send me a copy of the total loss evaluation on my car. Gary told me this was the responsibility of the Appraiser and or Insurance Company as a result of Pa. state law Act 367. Gary also informed me that I was due a rental car from the date of the accident, due to the fact that I am the claimant in this claim. On or about 11-25-2008, we came to an oral agreement on the monetary considerations for this claim covering the value of the car, appropriate sales tax, and rental car allowance. I have not received anything in writing from you concerning this, and in fact to date, 12-03-2008 at 9:00 am, the only thing I have received in writing from anyone is an Accident Information Exchange form, from the Lebanon City Police and Odometer verification statement from your Company along with the request for the title to my vehicle. I am now demanding in writing, what your company intends to offer for my vehicle, with applicable sales tax, title documentation including notary fees, and rental car reimbursement, and keep in consideration that I have not had a rental car since the date of the accident 11-06-2008, that is 28 days that I've had to find transportation to work, and for normal activities. I will give a 24 hour time frame to respond to the above demands. Please fax response to 717-272-3530, if you have any questions you may reach me at 717-222-0850. In closing Pennsylvania State law requires your company/appraiser to comply with regulations involving the State Appraiser Act. Since the Appraiser (PDA) was hired by you, they must answer to you, meaning they are an extension of the Insurance Company, Agency Insurance Company. When I informed you of Pa. state law, you told me, "I don't know where you got your information, but that's untrue," so attached is a copy of what the law states. I will cut and paste the pertinent parts of the regulation. Thank you for your time regarding this matter. '''''''''''''''''' _________________________________________ Leah Arnold CHAPTER 62. MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS Sec. 62.3.' Applicable standards for appraisal. (a) The appraisal shall: '(1) Be signed by the appraiser before the appraisal is submitted to the insurer, the consumer or another involved party. The appraiser may utilize an electronic signature. '(2) Not use abbreviations or symbols to describe work to be done or parts to be repaired or replaced unless an explanation of the abbreviations and symbols is included. (b) In addition to the requirements in the act, the appraisal shall contain a written disclosure which includes the following: '(1) The dollar amount of the appraisal. '(2) A statement that costs above the appraised amount may be the responsibility of the vehicle owner. '(3) A statement that there is no requirement to use any specified repair shop. (4) A statement informing the consumer that information regarding repair facilities which will be able to repair the vehicle for the appraised amount is available from the insurer. If the consumer receives information from the insurer, the information shall include disclosure that there is no requirement to use any specified repair shop. '(5) A description of repairs, known at the time of appraisal, necessary to return the vehicle to its predamaged condition, including labor involved, cost of all parts, necessary painting or refinishing and all sublet work to be done. '(6) Incidental charges, known at the time of appraisal, including towing, protective care, custody, storage, depreciation, battery and tire replacement. '(7) Applicable sales tax. '(8) The date, if any, after which an insurer will not be responsible for any related towing services or storage charges, known at the time of appraisal, and after which the charges will be the responsibility of the consumer. '(1) If the salvage value of the vehicle being appraised is known or could reasonably be determined, the appraiser shall disclose to the consumer in writing: ' (i)'The salvage value. ' (ii)'The provisions of 75 Pa.C.S. § 1117(a) (relating to vehicle destroyed, dismantled, salvaged or recycled), requiring the filing of an application for certificate of salvage with the Department of Transportation. See 75 P. S. § 1117. ' (iii)'Additional charges for towing services or storage chargeable against the motor vehicle as of the date of the appraisal. '(2) If the salvage value is listed, the appraiser shall disclose to the consumer in writing: ' (i)'The name and address of each salvage bidder. ' (ii)'The amount. ' (iii)'The expiration date of each salvage bid known. '(3) If the ownership and possession of the damaged motor vehicle is not retained by the owner or the owner's representative, this subsection dealing with salvage value is inapplicable. (e) The appraised value of the loss shall be the replacement value of the motor vehicle if the cost of repairing a motor vehicle exceeds its appraised value less salvage value, or the motor vehicle cannot be repaired to its predamaged condition. '(1) Under this subsection, replacement value under the policy provisions covering the total loss of a motor vehicle including an unrecovered motor vehicle shall be determined by one of the following methods: ' (i)'Guide source method. The appraiser shall calculate the average of two figures reflecting the retail book value of a vehicle of like kind and condition, as provided by guide sources approved by the Commissioner. A listing of approved guide sources will be published once a year in the Pennsylvania Bulletin. The appraised value shall be adjusted for equipment and mileage, less the cost of repair of damage which preexisted the accident in question. No other deductions may be taken except for salvage and then only if the owner elects to retain the vehicle. ' (ii)'Actual cost method. The appraiser shall determine the actual cost of purchase of an available motor vehicle of like kind and quality in condition similar to or better than the motor vehicle being appraised in its predamaged condition. The appraiser shall specify, in writing, the location of the vehicle of like kind and quality. ' (iii)'Dealer quotation method. The appraiser shall consult with dealers or other persons knowledgeable in the field to secure quotations as to the value of the motor vehicle being appraised. At least two quotations shall be secured. The figures thus secured shall be averaged. '(2) If the motor vehicle is listed in at least two guide sources approved by the Commissioner, the replacement value shall be calculated by the guide source method or by the actual cost method, as described in paragraph (1)(i) and (ii). If the actual cost method is used, and the owner of the damaged vehicle shows that the replacement vehicle is not of the same kind and quality, both calculations referenced in this paragraph shall be made, and the higher of the values obtained shall be offered in settlement. '(3) If the motor vehicle is not listed in at least two of the sources authorized by paragraph (1)(i), or if the vehicle differs materially from the average vehicle because of factors not considered in the guide sources, for example, antique or classic cars, vehicles no longer manufactured and unique vehicles, the replacement value shall be calculated by the actual cost method or by the dealer quotation method, as described in paragraph (1)(ii) and (iii). If the dealer quotation method is used, both calculations referenced in this paragraph shall be made, and the higher of the values obtained shall be offered in settlement. '(4) Applicable sales tax on the replacement cost of a motor vehicle shall be included as part of the replacement value. '(5) The licensed appraiser's total loss evaluation report shall contain the names and addresses of those persons from whom quotations were secured, the date secured, and whether or not a similar vehicle was available. '(6) The licensed appraiser's file shall show the method used to determine the replacement value in a given locality. '(7) The appraiser is responsible for ensuring that a copy of the total loss evaluation report be sent within 5 working days to the consumer by the appraiser after the appraisal is completed. If a settlement offer is extended before the consumer receives the total loss evaluation report, the consumer shall be advised of the total loss evaluation report's contents and of the consumer's right to be sent a copy within 5 days after its completion. (f) In addition to the requirements in section 11 of the act (63 P. S. § 861), an appraiser shall: '(1) Not have a conflict of interest in the making of an appraisal. This chapter and the act, and this section in particular, shall be strictly interpreted to protect the interest of the consumer and place the burden upon the appraiser to eliminate any conflict of interest in the making of an appraisal. '(2) Obtain the consumer's consent before authorizing the removal of a motor vehicle from one location to another. ' (i)'The consent of the consumer is not necessary for initial removal of the motor vehicle from the scene of an accident. ' (ii)'An appraiser authorizing removal of a motor vehicle by a vehicle salvage dealer shall inform the vehicle salvage dealer in writing that possession is merely for safe-keeping purposes and that the vehicle salvage dealer does not have any ownership rights to the motor vehicle, its parts or accessories, until a certificate of title or certificate of salvage is received indicating that ownership has been transferred. '(3) Review the appraisal with an authorized representative of the repair shop which is selected by the consumer or with any other person reasonably necessary to demonstrate that the actual costs of repairs are adequately covered in the appraisal. '(4) Not mention the name of any repair shop, unless the appraiser includes disclosure that there is no requirement to use any specified repair shop.