PCTG Consumer Complaint Report Record ID#: 1774220548

Date of Report Submission: 09/17/08

Complaint Comments:

Pa. Dept of Insurance, please investigate the following complaint against State Farm, and appraiser Bob Schultz, this complaint is in association with complaint ID# 58427. On July 29, 2008 Bob Schultz, representing State Farm Insurance Company, wrote an appraisal for a vehicle belonging to Mrs. Doris Habecker in the amount of $3112.33. At the same time Mr. Schultz wrote a prior damage loss appraisal for a small dent located on the tailgate of said vehicle in the amount of $ 487.84. This amount was deducted from Mrs. Habecker's claimant check. With the assistance of Mr. James John from the D.O.I., State farm agreed to pay the prior damage amount, as it was determined the dent in question could be removed as a paint-less dent repair. However when Mrs. Habecker's vehicle was re-appraised/inspected by Mr. Schultz, he changed his appraisal of damages on the tailgate of said vehicle. His original estimate, written on 7/29/2008 showed on line # 5, repair time on tailgate shell of 2.5 hrs. And on line # 6, refinish time of 2.6 hrs. On the new appraisal completed on 9/03/2008 at 8:30 a.m. Mr. Schultz on line # 7, shows repair time on tailgate 1.0 hr. and line # 8 refinish time of 2.4 hrs. How can this be? There is a rule of law called Estoppel, ("a rule of evidence which precludes a person from denying the truth of some statement previously made by himself".) which should apply, as State Farm is now benefiting from a statement made by Mr. Schultz (appraisal on 7/29/2008), and later changed statement (appraisal on 9/03/2008) to the benefit of his party (State farm). This action by State Farm and its employee's is a blatant disregard for the law (the Act as well as The Unfair Insurance Practice Act), and another attempt by the "Big Boss" to show its superiority over the Collision Repair industry in the state of Pa. I now believe it is time for the D.O.I. to put an end to State Farm's, as well as other Insurance Companies, disregard for the consumer, and consumer's rights. Their un-ethical ways of short changing the consumer has to come to a end! In closing Mrs. Habecker would like to see a conclusion to this matter as her vehicle, as of 9/16/2008 still remains in a non repaired, unusable state. Mrs. Habecker would also like any questions regarding said claim to be directed to Gary McGarvey @ 717-272-3020 or 717-269-2098.

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

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: G&L Automotive

State Appraiser License: N/A

Shop Representative: Gary McGarvey

Address: 401 E. Cumberland Street

City: Lebanon

State: Pa

Zip: 17042

Phone: 717-272-3020

Insurance Information

Insurance Company: State Farm

Claim Number: 38-l495-987

Insurance Company Representative: Bob Schultz

Date of Loss: 7/04/2008

Appraiser License Number: 142783

Insurance Company Phone: 800-839-8050

Legislator Information

Consumer Legislative Representative: Gingrich, Mauree (R) - District 101

Consumer Senator: Folmer, Mike (R) - District 48

Repair Facility Legislative Representative: Gingrich, Mauree (R) - District 101

Repair Facility Senator: Folmer, Mike (R) - District 48