PCTG Consumer Complaint Report Record ID#: 192018169

Date of Report Submission: 11/19/06

Complaint Comments:

On October 18, 2006, Dennis B. Johnson, II, who is insured by Progressive Insurance, struck my 1994 Toyota Tercel. Progressive's adjuster, Chad Bell, came to my home on October 19th and although initially wanting to "total" my vehicle, agreed to do some checking after my insistence that the car was in good working order and I planned to keep it for several more years. After evaluating my vehicle, Mr. Bell issued a Preliminary Valuation Report stating that, according to N.A.D.A and Red Book values, my Toyota was worth $2,300.00. Mr. Bell proceeded to work up an estimate, which required $1,346.54 to return my vehicle to its pre-loss condition.'Mr. Bell stated that he used to be an auto-body person and was confident with his repair and estimating abilities. Mr. Bell examined the vehicle and, at that time, identified only a scratch on the roof panel and some rust on the quarter panel as unrelated damage and/or other devaluing defects on the Toyota. Mr. Bell suggested Todd Auto Body as the preferred repair facility stating that Todd's could do the repair for the estimate he had drawn up. We agreed to use Todd Auto Body based on this information. Mr. Bell stated that he would write a check for the $1,346.54 out in my name to pay for the agreed upon repairs and any unexpected overage by the repair facility would be dealt with direct between Progressive and Todd's. On October 23rd, Mr. Bell called and said my check was ready and made arrangements for me to take the vehicle to Todd's. On October 24th, another adjuster from Progressive, Randy Thompson, called and stated that the car was being totaled after all because a prior repair to my Toyota decreased the value of the Toyota by $2,600.00. I found this disturbing as there was no problem with the prior repair and, even if there was, it should not have affected the issue of repairing the current damage caused by Progressive's insured. Randy stated that Mr. Bell would call the following morning (Wednesday) with all the facts and figures. Mr. Bell never called on Wednesday and I attempted to contact him with no success. Mr. Bell finally called the next day " Thursday, October 26th - Mr. Bell called and stated that due to the prior repair and other minor chips and dings on the car, the value of the car was pulled down by $2,600.00 and they would be allowing me only $500.00 as the value of basic transportation only. When I went to the repair facility with intentions or retrieving the Toyota to get another opinion, I found the back of the car stripped " no taillights, no bumper, everything had been removed. A paper dated October 24th had been placed in the windshield stating that Progressive had already salvaged the Toyota. Additionally, the Toyota was marked up with arrow drawings supposedly pointing out miniscule faults in the Toyota's surface, which made the Toyota look like something out of a cartoon show.' I checked with the Insurance Commission for some guidance and was told that if I had retrieved the car that the claim would be cancelled and Progressive would not have to pay anything. I feel that Progressive and its representatives have not dealt with this claim in good faith. In hindsight, I believe that Mr. Bell wanted to total the vehicle all along and after my insistence that I wanted to keep my car and have it repaired, placated me by getting me to take the Toyota to their designated repair facility. Thus setting me up knowing that if I took the car I forfeited the claim. A fact, which I, as a layperson, did not know.'Progressive's motion was obviously to avoid the $1300.00 repair and close the claim for a fraction of that cost at $500.00. I believe that Progressive and its representatives have acted in an unfair and unprofessional manner. Progressive's adjuster offered us the estimate of $1,346.54 for the repair of the Toyota's damage, which is the subject of this claim. We accepted that offer and, in good faith, took the Toyota

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
Unprofessional Behavior
Illegal Steering/Directing
Arbitrary Capping & Underpayment

Consumer Information

Name:

Address:

City:

State:

Zip:

Daytime Phone:

Evening Phone:

Repair Facility Information

Repair Facility: Todd Auto Body

State Appraiser License: unknown

Shop Representative: Mr. Todd

Address: 13545 Worleytown Road

City: Greencastle

State: PA

Zip: 17225

Phone: 717-597-8140

Insurance Information

Insurance Company: Progressive Insurance

Claim Number: 06-0094900-02

Insurance Company Representative: Chad Bell

Date of Loss: 10/18/06

Appraiser License Number: 419691

Insurance Company Phone: 717-264-2311

Legislator Information

Consumer Legislative Representative: Fleagle, Patrick Elvin (R) - District 90

Consumer Senator: Punt , Terry L. (R) - District 33

Repair Facility Legislative Representative: Fleagle, Patrick Elvin (R) - District 90

Repair Facility Senator: Punt , Terry L. (R) - District 33