Date of Report Submission: 08/06/08
Name:
Address:
City:
State:
Zip:
Daytime Phone:
Evening Phone:
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 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
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
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.