PCTG Consumer Complaint Report Record ID#: 820664920

Pennsylvania Department of Insurance, Our consumer Mr. Thomas Cooke is still facing problems with his insurance carrier Nationwide Insurance Company. On Monday Sept 9, 2002 we contacted Nationwide's staff appraiser K. Kapusta (assigned to this claim) and advised him Mr. Cooke's rear differential housing was damaged from the tree falling on the back end of his 1998 Dodge Dakota pick-up truck. Nationwide had previously told us if the housing is bent and we can prove it to them they will pay for a replacement. Kapusta advised us he would stop out to see the damage. He advised us to have the truck and damaged part available for him to be able to appraise accurately. Previously, on August 21, 2002 appraiser Kapusta and his supervisor Mr. Stephen Vogel (610-234-2813 Pager #215-306-7976) evaluated the rear damage as probable and asked us to prove to them the damage and Nationwide would replace the part. In proving to Nationwide the axle housing's damage it was necessary for our technician to load and set-up the rear differential housing in such a manner as to provide Nationwide's appraiser a way to measure and visually see the bent axle tubes on the housing. At approximately 2:00 on September 9, 2002 Kapusta stopped at our facility to appraise the additional damages on Mr. Cooke's vehicle. Our technician measured the housing damages for Nationwide Insurance Company appraiser Kapusta to evaluate however, Kapusta disagreed with our measurements. We showed him the 0° rear axle position had now become -1/2° on the right side and ¼" lower compared to the left side with a toe-in @ 3/8". OEM specifications are 0° @ the rear axles (wheels) for both camber and toe specifications. Kapusta advised us in his opinion the housing is within OEM specs. and we should not replace the housing. We also showed Kapusta the rear shock absorbers had been damaged and in need of replacement. Kapusta also refused to agree with shock replacement as well. Kapusta's opinion was wrong and we suggested he measure the housing and shocks himself. Kapusta refused the opportunity to measure the bent parts and left our facility. We then contacted our consumer advising him that Nationwide's appraiser denied payment for the bent housing and shock absorbers . Mr. Cooke suggested we contact supervisor Stephen Vogel who originally agreed to replace the axle housing if necessary. '' On September 10, 2002 we placed a call to Mr. Vogel's office and explained to him our issues with Kapusta's claim handling. We explained that Kapusta refused to measure the housing himself and refused to accept our measurements as accurate. We advised Vogel we spent additional time to set up the housing in a manner that would prove our evidence to the untrained eye of the consumer and requested Mr. Cooke to stop over and see for himself the damage part. We suggested Mr. Vogel stop by himself and see the bent axle housing. Vogel advised us he was not available and would contact Kapusta to stop out again to view the additional set-up and measure the housing himself. Kapusta contacted our shop at 10:30AM and advised he would be stopping by again to see the housing. Kapusta eventually stopped by at 2:00PM on September 10, 2002. We showed him the housing on our frame rack. He reached into his pocket pulled out a measuring tape and measured the housing for 30 seconds before proclaiming the axle housing a bent part. "I will pay to have the rear replaced". He advised us to contact Skips Auto Parts and they have a used rear housing that will fit Mr. Cooke's truck. We asked him about the shock absorbers and he demanded we prove to him to shocks are damaged. We again, explained the tree falling on top of the truck. In addition, the need to replace the leaf springs which Nationwide's Supervisor Stehen Vogel advised Kapusta should replace after Kapusta refused and Vogel d himself and now the rear housing which Kapusta finally agreed to replace. Kapusta refused to pick up the shocks and test them himself. We showed him the shocks did not have hydraulic pressure internally and would bottom out however, Kapusta demanded additional proof. Kapusta then reached into his pocket and pulled out his camera with the intention of taking pictures of the bent rear housing. I stopped him and asked about the additional time needed to set-up the truck for his first, second and third housing evaluations. I requested compensation for the shocks absorbers, U-bolts which had been twisted and garage bay tie-up time for our frame machine while appraiser Kapusta unprofessionally, manipulated our consumer's claim. Kapusta refused compensation on all other items except the rear housing. I advised him he could not take photographs unless he agreed to pay for the items. Kapusta advised us unless we permitted photographs he would not pay another penny on this claim. I again explained the time we needed to set-up and diagnose the rear housing damage and he refused compensation. I contacted Mr. Stephen Vogel again and asked for help. Vogel agreed we should be compensated for the time we needed to diagnose the damages. I explained we had ordered the used rear housing from Skips' Auto Parts as per Kapusta but needed him to compensate Mr. Cooke. Vogel and I entered into a discussion regarding the pictures taking and I explained as per the Pennsylvania State Appraiser Act a state licensed appraiser cannot write his appraisal from photographs and I needed the written appraisal prior to his photo taking. It has been our experience once the appraiser is provided the opportunity to take his photos he can then write whatever parts he feels necessary and not compensate for parts he does not want to replace. We contacted Skip's Auto Parts and ordered the used rear differential. The used part arrived on Friday September 13, however, was the wrong part. We contacted Skip's parts man Bud and he advised us he would send out another replacement used part. We received the part on Tuesday September 17, however, the part was wrong again. I contacted Nationwide's Kapusta and advised him the part was wrong and he asked who ordered the party? I answered I did and he advised me it was my problem NOT his. He would not do anything additional with the claim until he would be permitted to take pictures. I then contacted Mr. Stephen Vogel and explained what had happened and Kapusta's unprofessional way of handling the claim. He advised he knew Bud at Skips Auto Parts and would contact Bud to straighten out the parts problem and call me back in a few minutes. The following day I again contacted Mr. Stephen Vogel's office to see how he making out with the used part however, he was not available. I left a message and he has not called me back. I called Bud at Skip's and asked if another used rear differential was on it's way to us and he advised the part is not available and Steve Vogel was contacting the manufacturer.' ''' Currently, it is Thursday September 19, 2002 and Nationwide has advised Mr. Cooke they will not compensate any additional items needed for the repairs to his vehicle. Mr. Cooke's 1998 Dodge Dakota is without it's rear gear differential and rear suspension as Nationwide has not located proper used parts to repair to pre-loss / pre-accident / pre-damaged condition as per the Pennsylvania State Law and Regulation. We have included a letter recently received by Mr. Cooke from Nationwide Insurance Company explaining their position regarding photographs of the damage in question. Nationwide's letter states in part. "This practice is also supported by the Pennsylvania Appraiser's Act and other Pennsylvania laws and regulations. The repair facilities refusal to allow this process prevents resolution of your supplemental damages."' Which is totally not accurate as there is nowhere in the Act or Regulation where it provides the appraiser permission to take photos of any damage prior to the writing of the appraisal. Contrary to Nationwide's mishandling of this claim the Act dictates to the state licensed appraiser to not take photos until and appraisal has been prepared as follows > "No appraiser shall secure or use repair estimates that have been obtained by the use of photographs, telephone calls or in any manner other than a personal inspection." Following the guidelines of the Appraiser's Act we find the Nationwide Insurance Company's appraiser in violation of the law and regulation and request the Pennsylvania Department of Insurance demand Nationwide Insurance Company stop manipulating our consumer's claim. This is the third complaint sent into the Pa. Department of Insurance on this appraiser on the same claim during a 4-week period. Previous items the insurance company has agreed to compensate in writing have also placed into jeopardy as Nationwide's appraiser desires to handle this claim in a fraudulent manner. ' Please investigate our complaint and help us return Mr. Cooke's vehicle to him in a manner expectant of his contractual agreement with his insurance company. Thank You, Stephen Behrndt