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Allstate Fined for Interfering with Repair Process in Rhode Island

12/9/2009

Allstate Insurance Company recently was found guilty of interfering with a claimant’s choice of repair shop by the Rhode Island Department of Business Regulation (DBR) and ordered to pay a $5,000 fine.

In a complaint filed by Providence Auto Body on behalf of a claimant who was in an accident with an Allstate-insured driver, the body shop alleged that Allstate "interfered with the claimant’s free choice of repair facility,” which state law defines as an unfair business practice.

Providence Auto Body, which doesn’t have a DRP contract with Allstate, alleged that an Allstate claims representative hindered the repair process by:

• Not contacting the claimant about the accident until seven days after Providence Auto Body called Allstate to inform the insurer that the shop would be repairing the claimant’s vehicle.

• Failing to mention to the claimant that Providence Auto Body had previously been in contact with Allstate regarding the claim. Instead, the claims rep repeatedly requested that the claimant take his vehicle to an Allstate drive-in claim center. When the claimant said he wanted Providence Auto Body to perform repairs on his vehicle, the claims rep insisted it would be “quicker” to have the vehicle assessed through Allstate’s center.

• Stalling further during the call by placing the claimant on hold to check if Providence Auto Body was “approved” by Allstate, which the DBR concluded the claims rep could have done “at any point” before the phone call with the claimant.

• Saying that Providence Auto Body was not an “approved” shop with no further explanation.

• Failing to schedule a damage assessment with Providence Auto Body for over two weeks after speaking with the claimant for “no legitimate business reason.”

In the end, the claimant paid for the repairs using his own insurance rather than deal with Allstate.

According to the DBR, Allstate’s handling of the claim constituted “interference.” The DBR also found that Allstate failed to notify the claimant of his free choice of repair facility, another violation of state law. The DBR ordered Allstate to cease and desist its unfair business practices and pay the $5,000 fine.

More information:

Download the full text of the DBR’s decision

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Submit a Comment    Comments (41)
Comment by:
Jimmy Rengen
1/24/2010
12:36 PM
Hey girls and guys I am a supplier in Maryland and I also own multiple businesses. I have to do that cause I am always giving away my profits to shops, again cause you are always giving away yours. I give away approximately 24K per month in discounts. So stop complaining cause you are your worse enemy and the supplier have to make up your loses. So here is some food for thought! Collect every article on shop owner’s comments going back 5 years. These are articles that have been made by body shops owners from every state. Use Body Shop Business Magazines articles as well as other articles from our industry. Then use this to prove your case in court. Everyone shop owner from every state cannot be wrong. Can’t they? I assure you this will be your best defense. ALSO seek a jury trail if possible. Sue in a circuit court then appeal if you lose. Stay away from any Federal courts. Have your association support your case. If you collect all past articles you will have boxes and boxes of supportive documentation. The more supportive docs you have the better you will be. Hopefully you will have 50 to 100 boxes of info. BE THE SOLUTION: Look for my UP-COMING web seminar, this I assure you will teach you best practices and will earn you and additional 200K per year. I will also teach on how to combat direct repair programs and beat the insurance companies at their own game. Don’t be the problem. Be the solution by taking control of your destiny. Jimmy progrp1@yahoo.com
 
Comment by:
B. Garner
12/30/2009
4:54 PM
DRP programs should not exist... I have an Allstate car in my shop now.. Came in 12-02-09 and just now got the ok to start work.... We are not a DRP, I heard it is worse if you are a DPR...What are we all to do? You are Damned if you do & Damned if you dont...
 
Comment by:
Bighead
12/14/2009
8:58 AM
I "was" an Allstate direct repair center since its inception. I have been put on probation for my "average cost" being to high compared to others, been to the big boss' for a meeting, and played all their games, so to speak. When State Farm started their new program I decided to take myself off the Allstate program. I did so and within 60 days we were back on the Allstate program again at their insistance. But since then they chose to come an re-inspect every estimate we wrote I guess as a ploy to undermine my company. After six months of this type of teatment we took ourselves off the Allstate program without looking back. For most of you that have not checked or just sat around and complain without doing anything call or email your senator or congressman for issues you feel inapropriate or illegal. Also I feel our industry will not get any better until the larger shops quit caving in to the insurance companies with volumn discounts while providing less than quality repairs.
 
Comment by:
Ed
12/12/2009
11:21 AM
Ihave had work steered away from my shop for years. alstate is one of the worst. state farm will give drp to most shops in Va. but then inhouse steers the work away. I dropped them when i got a couple of jobs in the first two months then not a single job in a year and a half. i even had a tow co. on my lot, the customers would agree to let me repair the vehicle and the next day state farm would call me and say it was assigned to another shop. $5000. fine is a joke it needs to be $500,000 fine then it may slow the steering down.but fat chance of that.
 
Comment by:
Alan
12/11/2009
9:24 PM
40 yrs as body shop owner. Progressive is in my opinion the worst. No D R P program here.I know I lose many jobs a year,my customers are death afraid to do any thing other than what there insurace company suggest(sugar coats) to them.For example .If you take your car to X Y Z shop they can start on it right away,all work guaranteed,no insurance man needed,new rental car.If your take your car to your shop we cannot look at it for several days(this is are busy season). no guarantee,he is not on our list ,if rental car goes over you have to pay rental differance. Need I say they any more? AASP member of Pa
 
Comment by:
John
12/11/2009
5:42 PM
Did anyone read the story about the 5ft tall Oklahoma B.S. owner that beat the s*it out of the 6ft tall burglar??? Good story. All of you DRP wh*res should hire this guy to stand at your door and intimidate the DRP reps that you allow on your property. Then after he or she decides how to tell you, how to repair "your" customer's car, Oklahoma man can crack his knuckles and threaten them if they don't comply with your repair methodology. Good???
 
Comment by:
John
12/11/2009
5:03 PM
Gary, You still have not made a point and I am sure there are others who will agree with me. If leaving the industry to write mechanical repairs instead of body repairs, and building a customer base on my level of service and commitment to provide the best product for our customers (and making more money in the meantime), I guess that makes me an idoit in your eyes. It's nice to only have to answer to our customers though. You know, the collision industry could do this as well. What do you think?? I'm glad I made a friend. (I said that with a Chris Farley voice).
 
Comment by:
GARY
12/11/2009
3:54 PM
John, John, John, You know nothing of me, my business or my town. You are an idiot. I don't need you to SAVE me.
 
Comment by:
John
12/11/2009
3:19 PM
Gary, Gary, Gary... I enjoy your comments but they fall short of the point I was trying to get across to you. The ONLY job an Insurance company has, any Insurance company, is to pay the final, bottom line..(PERIOD, PERIOD) They are not the enemy, they just need to get out of our "Body Shop Business", and pay the da*n bill. When all of you shop owners realize this, I will come back into the industry and help you folks out and your employees will do more than just "Pay their bills". It's sad you did not build your business around the people in your community that support you, what little they might know that you would sell your town up the river to satisfy the Insurance companies. You must be one of those who is terrified to "Upset" an Insurance company because you will lose ALL of your work due to the fact your customer base is only there because of the DRP's you do have. The only upside to all of this, there are a few awesome collision repair facilities, small in size and volume, that I have had the pleasure
 
Comment by:
mike
12/11/2009
11:19 AM
We dropped All State as a drp, when they demand repair inwhat we feel is very substandard reapir, rather the repair their way, we decided to drop out of DRP program, so that we may reapair correctly...San Jose, Ca.
 
Comment by:
Mark Bradford
12/11/2009
9:33 AM
I also have just had the same problem with them trying to steer my customer away until I jumped the (south end of a donkey) of an upper manager. Warning them that I was going to turn them into the Texas state board of insurances. You would be supprised how fast they got the job over to me and gave a $100.00 check to apply to the owners deductable for the inconvenience. Don't you just love how insurance companies have so much control over body shops? It's all about control and how much money they can make.
 
Comment by:
Glenn
12/11/2009
2:22 AM
Direct repair is a great idea! directly to the shop of the customers choice. It should be illegal for an insurance company to even suggest a repair facility. Glad to hear a shop win one. I also think they should have gotten the 5,000 for the hassle.
 
Comment by:
Steve
12/10/2009
8:58 PM
Until Body Shop Associations can become united and organized against insurance companies steering practices, we will continue to battle for every penny we spend to do a repair. Allsatate is one of the worst in my area, but none of the insurance companies do business fairly.
 
Comment by:
Paul
12/10/2009
6:42 PM
ALL INSURANCE CO. SHOULD NOT BE ABLE TO HAVE ANY SHOP DRP OR ANY OTHER TYPE OF PROGRAMS THAT INABLES SHOPS TO BUY A CUSTOMER BASE THIS MAKES A UNFAIR MARKET AND A MARKET THAT A CUSTOMER HAS INTRUSED HIS CAR TO BE REPAIRED THE WAY THE INSURACE CO. WANTS IT DONE,CHEAP AND FAST.GOOD WORK PROVIDENCE AUTO BODY HOPE YOUR STAND ON THIS IS ONLY THE START OF A MANY MORE SHOP DOING THE SAME.
 
Comment by:
Gary
12/10/2009
6:17 PM
Well John, I have been working "for insurance companies" and customers for 32 years. I have the best crew around this town that depends on me getting enough work for them to pay their bills. I have a large shop for this area and we have a great reputation both with insurance companies and customers alike. I don't have a lot of people pay a few thosand dollars out of pocket for repairs so they DO USE their insurance. I guess you are one of the guys that consider insurance companies the enemy at all costs. I know I need to get along with them to keep my doors open. I choose to not DO WORK for Allstate unless it is a very good customer that realizes it will cost them a few bucks out of pocket. You see around here we Do have shops that will work for nothing and do all work for the ins.co.estimate, but I won't. I was just stating the facts about AllState and this particular instance.
 
Comment by:
John
12/10/2009
4:07 PM
Well to Gary, I mean gary, nice to know that you still "work" for the Insurance companies. You are the whole reason the collision industry cannot attract quality people to work for them anymore. If I were a customer I would not take my vehicle to you for repairs knowing you are working for the Insurance companies instead of the customer. You work for your customers and their vehicle is the job, simple as that, dummy....
 
Comment by:
RT
12/10/2009
3:58 PM
One of the steering tactics that insurance companies use in our area is if you take it to a non DRP shop they cant garantee the work. Everyone knows that each shop guarantees their own work not the actual insurance company.
 
Comment by:
DL
12/10/2009
3:45 PM
Its great to see shops fighting back,all the drp's want you to cut here and there and fight you for whats really needed to repair the vehicle.i just don't understand how goverment can allow this type of practice to go on!!!
 
Comment by:
Veronica
12/10/2009
3:36 PM
It appears that most insurance companies that have DRP's tend to delay inspections at independent autobodys and always have done so.. thus forcing the customer to a drp maybe not that repair but a future repair.. The customer remembers having the delays and opts out of an independent. THAT IS STEERING!
 
Comment by:
Veronica
12/10/2009
3:31 PM
It appears that most insurance companies that have DRP's tend to delay inspections at independent autobodys and always have done so.. thus forcing the customer to a drp maybe not that repair but a future repair.. The customer remembers having the delays and opts out of an independent. THAT IS STEERING!
 
Comment by:
JL
12/10/2009
2:52 PM
Congrats to PAB for standing up for their selves & their customers. Allstate is all wrong for everybody involved with them. If we keep pushing back together we can once again be the ones who create the blueprint, fix the vehicle & get a fair labor rate for fair work. I encourage everyone to get a copy of the book "From good hands to boxing gloves" by David J Berardinelli. You will read for yourself what we are up against with these terrorists....Good Luck to all!
 
Comment by:
AT
12/10/2009
2:38 PM
Sounds familiar...I actually had an Allstate rep tell us that we need to stop asking for repair hours and new parts and start helping them! WTF?!? We are not a DRP and never will be. In the state of texas, the DOI will not help you unless you are the customer, and non of my customers want to get involved--I know, I have filed many complaints. Just supplement them for every little thing. They will back off after a while....I hope....
 
Comment by:
gary
12/10/2009
1:33 PM
only problem PAB ought to get the $5000. there is enough work in my area so I let my competors have all the a** ho**s I try to just work for the better ins cos
 
Comment by:
paul
12/10/2009
1:33 PM
Steering is illegal in every state isn't it? So why are'nt more insurance companies getting fined. Dipsite the laws to protect fair business practices it's DRP's are steering aren't they?
 
Comment by:
bd
12/10/2009
1:27 PM
We have the same problems. As if steering customers away isn't bad enough, Allstate just added a new drp within 1.5 milesof our shop. That makes a total of 4 within 5 miles. They want loyality from their shops, but where is the loyality to their shops.
 
Comment by:
Charlie
12/10/2009
1:19 PM
Why couldn't we unilateraly retain the customers authorization to represent our client in all matters reguarding the repairs to their vehicle, it seems to me that if we had the customers authorization to act on their behalf there is nobody in the world that can argue the point, I have the car and authorization by proxy from my client , lets repair the car, after that it is up to your negociating skills... Get authorization at the point of sale. Thats how I roll!!!
 
Comment by:
Charlie
12/10/2009
1:18 PM
Why couldn't we unilateraly retain the customers authorization to represent our client in all matters reguarding the repairs to their vehicle, it seems to me that if we had the customers authorization to act on their behalf there is nobody in the world that can argue the point, I have the car and authorization by proxy from my client , lets repair the car, after that it is up to your negociating skills... Get authorization at the point of sale. Thats how I roll!!!
 
Comment by:
Abel
12/10/2009
12:18 PM
It's happening all over.We need to send request for assistance to are department of insurance .To flood them with complaints and maybe then they would act on it.
 
Comment by:
DALE HOLSTEIN
12/10/2009
12:12 PM
STATE FARM OUT RIGHT LIES, TELLS CUSTOMERS ANY AND EVERY THING TO GET THEM IN ONE OF THEIR DRP.
 
Comment by:
rp
12/10/2009
12:09 PM
Allstate sucks! I am on their drp program and have just about had enough of their micromanaging. Every two months they change stuff up so you never know how to write for them, much less keep any consistency in anything you do. It's sad when you dread to see their rep walk in the door. They need to severely work on their relationship with the drp's they have and to quit trying push customers away from non-drp's. Progressive is also another one bad of doing this. I already told them to shove it when they asked me to be a drp for them after being on their program once before. Never again.
 
Comment by:
David
12/10/2009
11:51 AM
Yep same thing here in Indiana day after day. We need help. Hats off to Providence Auto Body.
 
Comment by:
David
12/10/2009
11:51 AM
Yep same thing here in Indiana day after day. We need help. Hats off to Providence Auto Body.
 
Comment by:
kp
12/10/2009
11:49 AM
nearly all insurance companies do it. god forbid you make an adjuster or reinspector angry...they will retaliate and there is nothing in the state of Cal that the DOI will do about it. you will be forced to make your own case before small claims. join the group that Gene Crozat of G&C autobody is coordinating and lets stop this nationwide.
 
Comment by:
bcc
12/10/2009
11:46 AM
The two worst shops down in Texas are USAA and AAA, but dont get me wrong the allstate DRP program might get a few with a $1000.00 steering fee.
 
Comment by:
mike Mattson
12/10/2009
11:36 AM
Allstate is a cancer to this Industry. When will they act in good faith? No one can stop the giant they are very unethical company.Lower labor rates fixed mark up and taking parts discounts they are not entitled to.
 
Comment by:
AR
12/10/2009
11:19 AM
this scenario could be played out thousands of times a day if shops had a spine like the guys at PAB
 
Comment by:
Sam Mascia
12/10/2009
11:18 AM
I lost my drp with State Farm after 23 years and was told because i had 2 come backs in a year. (what body shop does not have comebacks) They were corrected and reinspected and passed. They did this to 44 shops on there list with only 12 remaining.
 
Comment by:
Gary Carlson
12/10/2009
11:14 AM
The Allstate rep in my area always steers work away from my shop to another shop which by the way is NOT a drp. The 2 or 3 jobs a year I do for them are a nightmare like the one in the story. Of all the companies we do work for they are the WORST service wise. I recently did an estimate for $1800 and the AllState drive up wrote one for $850. We had to a supplement for $1000. This was after 3 weeks of AllState refusing to send an estimator to our area and making him drive 45 miles to their center.
 
Comment by:
Gary Carlson
12/10/2009
11:08 AM
The Allstate rep in my area always steers work away from my shop to another shop which by the way is NOT a drp. The 2 or 3 jobs a year I do for them are a nightmare like the one in the story. Of all the companies we do work for they are the WORST service wise. I recently did an estimate for $1800 and the AllState drive up wrote one for $850. We had to a supplement for $1000. This was after 3 weeks of AllState refusing to send an estimator to our area and making him drive 45 miles to their center.
 
Comment by:
Ron
12/10/2009
11:07 AM
What rule in RI makes this an unfair business practice? They do just this very thing in Kentucky. I must assume it is a corporate practice. All body shops should submit these complaints. Maybe something would change at Allstate and others?
 
Comment by:
LT
12/10/2009
11:07 AM
It's good to see shops standing on a reputation and standing for what is right. Not leaning on someone hopeing they will send them work.Good Work Providence Auto Body.
 
 
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