PCTG Consumer Complaint Report Record ID#: 760218865

Date of Report Submission: 08/06/08

Complaint Comments:

Pa. Department of Insurance, please investigate the following complaint. State Farm appraiser Bob Schultz viewed the customer vehicle belonging to Mrs. Doris Habecker at G&L Automotive on 7/29/2008 @ 10:15 am. Mrs. Habeckers vehicle was rear ended on 7/04/2008 @ 10:50 am and was driven by Gary McGarvey. Mr. Schultz wrote an appraisal (estimate) to restore the vehicle to pre-damage condition, in the amount of $ 3112.33. This appraisal (estimate) included a prior damage line that deducted $ 487.84 from the claim, leaving a total of $2624.49. The prior damage in question is a small dent at the handle area of the tail gate. A discussion with Mr. Schultz about the prior damage ensued, with Mr. Schultz saying this was a guideline (prior damage deduction) that State Farm has instituted. He agreed that this was not something he would normally do himself, which I can attest to, having never seen an appraisal of his with a prior damage deduction on a repairable vehicle. This in itself is a blatant disregard for the law (Act 367) as he is to write an independent appraisal that is free on any bias towards anyone or any party. This situation has now put Mrs. Habecker in a precarious position; being a claimant she should be responsible for nothing in this repair, however because of State Farms stance on this issue, Mrs. Habecker will either have to sue State Farms insured party or pay the difference from her own pocket. The latter can not happen as Mrs. Habecker is retired and on a fixed income since the passing of her husband. She will be forced to somehow get an attorney to fight her case or let her vehicle in its present damaged non drivable condition. I ask the Pa. Department of Insurance to intervene on the above claim, but also review the state law regarding appraisers. How can any staff appraiser that follows guidelines supplied by his or her stated company, write an independent appraisal that includes all necessary parts and procedures to restore the said vehicle to pre damaged condition. In closing Mrs. Habecker would 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
Non-Independent Appraisal

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-L495-98702

Insurance Company Representative: Bob Schultz

Date of Loss: 07/04/2008

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