PCTG Consumer Complaint Report Record ID#: 1572432927

Date of Report Submission: 02/23/09

Complaint Comments:

PA DEPARTMENT OF INSURANCE: Please be advised this is an addendum to our original complaint filed on February 12, 2009. On February 12, 2009 State Farm appraiser James Guthrie visited our repair facility to inspect our consumer's 2005 Honda Odyssey, which had sustained serious damage to its left side rear body & quarter panel. We contacted State Farm and requested they send out an appraiser to inspect additional damages found while dismantling the vehicle for repairs. Guthrie had previously prepared an initial estimate for the amount of $7,079.94 and it was agreed that when we had the damaged parts removed he would supplement for additional items needed. The purpose of our supplemental request was additional unibody repairs and a rear body panel replacement. We also needed our tow charges addressed, which Guthrie refused to include on his initial estimate of damages. Guthrie signed in at our facility at 1:20 pm. We inspected the vehicle and I showed him the additional items needed and he immediately refused stating he would not be paying any additional labor for the unibody repairs or replace the rear body panel. I made an attempt to explain where his estimate did not address the panel replacement or unibody repairs. Guthrie said he could have the vehicle repaired for his estimate at any body shop in Chester County and he was not going to pay for additional repair procedures. It appears to us that Guthrie is retaliating against our company for previous complaints filed against him and therefore refusing to properly reimburse the claim as punishment.' I also showed him a damaged control monitor, which he agreed to include in his supplemental. He asked me if there was any other items and I advised the rear body panel could not be repaired and the unibody needed to be addressed prior to the repairs continuing. He denied reimbursement for these procedures. Guthrie went to his vehicle and prepared a supplemental estimate for $249.65. He came back inside of facility to sign out. While at our front desk I requested he include our towing charges and he refused. After he left I contacted our customer and advised what had occurred and advised I could not move forward with the repairs until the denied procedures were addressed. The next morning our customer's son Rob stopped by to discuss the issues with State Farm and the denied items. Rob explained he has a background in the automotive industry and his father was confused with the conversation from yesterday. I showed him the damaged rear body panel and explained the needed unibody repairs. Rob agreed with our position that the procedures needed to be addressed. He advised he would contact State Farm on behalf of his father and straighten the matter out. He asked if we would provide a guaranteed-repair the way State Farm wanted to repair the vehicle and I told him we could not provide a warranted repair unless we followed the procedures I had explained to him. He left our facility disappointed with the insurance company. A few hours later Rob contacted our facility and advised that he discussed our situation with Lisa @ 1-888-713-4694 at State Farm and she told our customer and his son that they should move the vehicle to one of the local State Farm shops for the repairs and they would guarantee the repairs as estimated.' Our customer reluctantly advised us they had no options due to State Farm being they first party carrier and the insurance company of the liable party who damaged their vehicle. Our customer advised State Farm would settle with our facility and move the vehicle. I contacted the Pa. Department of Insurance and spoke to the Consumer Service Manager who suggested we file the claim through the consumer's first party policy benefits, which would require State Farm to send out a different appraiser and inspect the damages. We recommended this process to our consumer who then requested State Farm handle the claim through the first party policy and they advised they would not handle the claim through his policy due to the claim already being handled through the liable party's policy. I advised Rob I would discuss the situation with our attorney and call him later. After a discussion with our attorney we contacted our customer and advised we would continue with the repairs as originally authorized and give State Farm the opportunity to reconsider their position. This claim is an example of State Farm using the denied and underpayments of claims to steer and direct our consumers who had signed our Authorization To Repair contracts. It also proves our allegations to the DOI that State Farm Insurance Company is selling insurance policies in Pennsylvania without the policyholder's right to appraisal is anti-consumer. State Farm's market behavior and their business interference against our company and our consumer must be investigated. State Farm representatives are in violation of underpaying claims and forcing this consumer to terminate his contract with our facility. Our customer is a third party claimant against State Farm Insurance Company, which is also his first party insurance carrier. It appears to us that staff appraiser James Guthrie and representatives at the State Farm Insurance Company are conspiring against our company to force us into subsidizing the repair process or they will coerce our customer to terminate the repairs and move the vehicle to their contracted DRP facility where they can control the repairs using State Farm Insurance recommended procedures and not Original Equipment Guidelines. Please investigate this complaint and make the appropriate enforcement actions. Thanks 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 Automotive Industry Trade Practices Title 37
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: STATE FARM INSURANCE COMPANY

Claim Number: 38-L632-28302

Insurance Company Representative: JAMES GUTHRIE

Date of Loss: 1/31/08

Appraiser License Number: 141354

Insurance Company Phone: 1-800-839-8050

Legislator Information

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

Consumer Senator: Dinniman, Andrew E. (D) - District 19

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

Repair Facility Senator: Dinniman, Andrew E. (D) - District 19