by KarenACM » Sat Dec 19, 2009 02:22 pm
Good Morning! After an accident involving passenger side of my Volvo, immediately notified State Farm & opened claim. Waited for promised adjuster to show up x 1 week. Adjuster never showed up. Took vehicle in for repairs to their "prefered" auto body shop. Auto body shop claimed windshield had to be replaced because of a crack that only became apparent after molding was removed. Following door molding repairs & windshield replacement, my vehicle was returned to me with wet stained carpet, permanently soiled/stained driver side mat, inferior windshield, different & inferior molding, broken gasket around driver's side of windshield, broken air intake valve seal, and a broken engine L shield and clasp under hood. State Farm has done nothing to assist me. Water pooled to 1 1/2 deep in floor board with rain. Returned vehicle to auto body shop. They refused responsibility. Have spent hours on phone & in shop(s). The adjuster / investigator from State Farm recently assigned is not interested in looking at the evidence, just in being "mediator between me and body shop." I need help. What do I do from here.
Posted: Sat Dec 19, 2009 05:12 pm Post Subject:
First, thing you need to do is move the problem up the ladder at State Farm. What they _should_ be doing is having their Material Damage manager out there with your vehicle and the repair shop. I'd recommend filing a complaint with your states Dept of Ins first in order to get the ball rolling. Insurance companies have a set way of handling these complaints and they usually go way up the ladder in the company. This puts the heat on SF to correct the situation.
As a last resort you can always file suit against SF and the body shop. You could file in small claims court and handle it yourself or in District Court but you'd probably need an attorney if you did this.
I'd recommend putting the heat on SF first and see where that goes.
Posted: Sat Dec 19, 2009 05:36 pm Post Subject:
I agree with T about what you should do. As far as the shop, although rare it's not uncommon to experiance these problems with some insurer direct repair shops. But I find it unusal that State Farm won't even look at your vehicle. You may also consider hiring an independent adjuster or taking your vehicle to a proconsumer shop (a shop that doesn't participate in direct repair programs at all) to have your vehicle inspected.
mediator between me and body shop
Yes, sad and unfortunete that the shop SF steered you too, is not willing to hold up part of their repair agreement with the shop on their program.
Posted: Sat Dec 19, 2009 07:44 pm Post Subject:
Yes, sad and unfortunete that the shop SF steered you too, is not willing to hold up part of their repair agreement with the shop on their program.
As Trench mentioned, Ive usually seen the agreement that the insurance company also guarantees the work. However, adjuster seldom know how to handle this "guarantee".Posted: Sat Dec 19, 2009 08:11 pm Post Subject:
As Trench mentioned, Ive usually seen the agreement that the insurance company also guarantees the work. However, adjuster seldom know how to handle this "guarantee".
Well what that really means is that the shop who performed the "bad" repair guarantees to repay the carrier to find another one of their shops to correct the problem(s). This is usually how the carriers dodge the liability. I worked on a case awhile back where the carrier refused to pay the owner to have a shop he selected fix the problems. The reason, was because the carrier again wanted to control the costs of correcting the problems.
Posted: Sat Dec 19, 2009 08:43 pm Post Subject:
The DRP that I've seen in the past are "sold" to the party with the promise that the carrier guarantees the work as well. Yes, this really means that the carrier transfers the responsibility to the shop but as far as the 3rd party is concerned, they can hold the carrier responsible. What the carrier does with the shop is between the shop and carrier. IMHO, the carrier guarantees the work as they are really on the hook for it anyway. If a carrier "recommends" a shop then this could be taken as an implied warranty. So they might as well offer this "guarantee" anyway.
Posted: Sun Dec 20, 2009 03:43 am Post Subject: Responses
Thank you all for your responses. Since my post, the situation has deteriorated rapidly. 10/19 claim filed w/ State Farm. Promises for adjuster to inspect unfufilled x 1 week. 10/21 State Farm instructed to take Volvo to their preferred specialty shop. Damage to R / passenger side door moulding, mirror, windshield reveal moulding, windshield appeared scratched. 10/22 Coastal informed attempts at buffing unsuccessful, crack discovered, windshield replacement necessary. 10/30 Volvo returned with red clay dirt stained mats, wet carpet, jammed and wet console, inferior windshield and defective reveal moulding replacement. State Farm notified. Response "they are preferred, never had happen, don't know what to do" x 1.5 weeks. Still no adjuster, no one on my side. 12/10 took vehicle for independent inspection of damage which was determined to be a result of faulty windshield replacement. Went to State Farm, had agent look at Volvo which had begun to mold. Agent agreed I should be unhappy. Instructed to return vehicle to Coastal. Coastal Mngr remembered water issue from previous month but denied related to repairs they made. Took car in for inspection. 10/15 notifed by Coastal water leak caused by "damaged fresh air intake valve / deck." Still no adjuster, nor inspector. By 10/17 after State Farm assigned "inspector" Coastal's story changed to "deteriorated seal" around air intake valve. They had also substituted a deteriorated cover during this time. Mngr claimed shop resealed the intake valve. "Inspector" did not contact me regarding my concerns, reviewed photos supplied by body shop and closed case. He viewed photos supplied by Coastal and closed case. State Farm's "inspector" lied stating he had examined carpets and mats. Shop claims he never went over there. I had mats and knew he had not seen them. Asked "inspector" why reveal moulding was torn. "Inspector" stated he hadn't noticed. "Inspector" also admitted to not having noticed the defective cover was noticeably more worn than the one on the other side and not in keeping with the condition of the remainder of the engine. "Inspector" just kept stating he reviewed photos sent to him 2 days ago by body shop. surrendered last week to Coastal body shop for inspection. But, not until I got Centinneal to check it out first. Also took to State Farm for agent to look at. Still no adjuster had ever contacted me.
Coastal initially claimed water leak was result of "damaged fresh air intake valve / deck" which they were offered to repair at no charge. ? If they didn't do the damage why repair? If it was damaged why didn't they repair it while they had the vehicle initially? Aren't they supposed to test a replaced windshield with water to make sure it doesn't leak before returning to customer?
Volvo returned to me last night still has damage, damaged reveal moulding, and a cover that is deteriorating that is not mine. When I tried to have a conversation with one of the body shop owners, he ignited, flew into a rage like a Tasmanian devil throwing insults and throwing open doors, compartments, the sun roof pointing out each minor defect such as a door bubble or scratch. I taped most of it with my cell phone - fodder for U Tube? I paid for the new mats - totally different color than my others and noticeably different from the floorboard.
State Farm's "inspector" argued with me insisting I had not had my windshield replaced and intimated I was less than honest. Later "inspector" excused his mistake by claiming my "paperwork had been lost in cyberspace." Give me a break. Over the past few days I have engaged in several hours of conversations with State Farm reps. There were a couple that were polite and sympathetic, but for the most part I encountered rude, boastful, apathetic people eager to fill me full of their rhetoric regarding their relationships and agreements with their preferred specialty shops. That's a conflict of interest. How can a person be objective that is supposed to represent you but has an relationship / agreement with the shop to keep costs down and defend the shops? State Farm would do well to instruct their reps and people with whom they "have a relationship with" in good old fashioned manners, courtesy, and telephone etiquette. A few lessons in compassion and empathy would help. State Farm and the people they "have relationships with" need to remember where the bread on their table comes from. Where is accountability? All I wanted was my vehicle restored to the condition it was in prior to the accident and water damage. Give me a break. State Farm is supposed to be my "neighbor on my side." I feel battered, not supported.
Posted: Sun Dec 20, 2009 04:04 am Post Subject:
Poster, sorry to hear about your predicament. As a pro consumer shop I inspect other shops work, from time to time, for consumers who are not satisfied with either their carrier or the at fault party's carrier and the work that was performed by their preferred shop. It's a shame to find out that the shop the insurance carrier sold you in high regard did not live up to the hype, but it is not all that uncommon. I find that they sometimes look at the insurer as their customer first and the vehicle owner second. It should be the other way around and any shop should be your advocate and educator of what a quality repair should consist of and not just the cheapest repairs available via contracts between shops and insurers.
I recently inspected a heavily damaged vehicle where the insurer relied on their preferred shops opinion. That shop basically threw their hands up in discust and said , we've been paid , we're done, the problem is the loose nut behind the wheel. I don't know whether the shop bought the vehicle or the insurer, but after my inspection and report and one attempt by the original repairer to re-repair, it was totaled and the owners were pleased. While the work cosmetically was industry standard, the structural repairs and attention to detail was neglected. In essence the car was not brought back to pre accident condition and with assistance from an outside inspection, proper documentation, and persistance of the vehicle owner, the problem was eventually remedied.
My advice is to follow through, document everything, and find an independent body shop or appraiser to prepare an estimate to remedy the problems that have not been addressed. Go up the chain of command with your documentation and insist they contractually owe you for pre accident condition, especially if they insisted on you using their preferred shop. Keep barking and if necessary, contact the department of insurance to inform them that the insurer has failed to honor it's contract of insurance and may be in breach of that contract. You should also be reimbursed for the cost of your reports or inspections if negligence, fraud, or less than industry standard work was performed and guaranteed by the insurer.
Even if the state deparment's inquirey sides with the insurer which often happens, there are other remedies we could discuss later if necessary. I admire your tenacity and persistence to take charge of your claim, instead of rolling over as many do because they feel helpless against both an insurer and their partnered shop.
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