Erie Insurance of Pennsylvania Terrence Cavanaugh Valid Third Party Claim Denied East Peoria, Illinois

On July 9th, 2012 Chrysler 300 Limited was taken to Dempsey Dodge, Chrysler, and Jeep for a warranty repair to Panoramic
Sunroof. 

July 13th, 2012 received call from Jeremy Heggen stating that there was a problem that service technician had put a dent in the roof of the car.  We went to dealership immediately whereby we found that there were actually 10 dents in the roof on each side of the panoramic sunroof.  (Pictures included)

July 25th, 2012 car was returned to us with sunroof not working properly and overspray of paint all over outside and inside of car.

July 26th car taken in for noise in roof,returned to us with still noise in roof

At this time I spoke with Patrick Dempsey who is car sales manager for and nephew of owner of Dempsey Dealership.  He stated at this time that he knew of the damage to the vehicle and he would give me what I paid for the car originally
on a new car trade in.  He later denied us this offer in September of 2012.

July 30th, 2012 car was taken in again for noise in roof.  Service department kept for 2 days.

August 1st, 2012 car returned to us with noise still coming through roof.  Now inside weather seal on passenger side door is torn.

August 15th, 2012 car returned to service department for wind blowing through roof and seal replaced on passenger side
door.

August 17th, 2012 car returned to us with windnoise gone however weather seal has not been installed correctly.

August 20th, 2012 car was taken in for seal to be installed correctly. 

Week of September 4th, 2012 we received the name of Dempseys insurance company which is Erie Insurance.  We filed a claim with Erie for diminution of value to our car because of extensive bodywork and repaint to the roof of vehicle.  The vehicle suffered auto body related damage that diminished the value of the car. 

Our claim is that the car was not returned and restored to us in the original pre-accident factory condition and specifications.  It is impossible to duplicate immersion rust proofing techniques of the factory.  The paint job will not age or wear in a similar manner to the factory paint.  The fact that the vehicle has been repaired after being in an accident even if repaired by a licensed body and or a repair shop does not restore the vehicle to its original value and does not restore the vehicle to its original pre-accident  condition.  The fact is that the vehicle generally will not be accepted by a new car dealer as a trade in based upon the fact that the vehicle cannot be resold as a Certified Pre-Owned vehicle.

I filed a claim with Erie insurance requesting payment for diminution of value.  It was denied based on their facts that the car was repaired and returned to us in as good as new condition. 

On October 25th, 2012 Erin Parker  who is the vice president of the Illinoisbranch of Erie insurance stated that Erie insurance is not obligated to pay diminished value however Erie insurance is obligated to make us whole.  Erie insurance chose to insure the at-fault party and the at fault party was negligent.  If a partys vehicle has been injured as a result of the others negligence the victim is entitled to be made whole.  We are asking to made whole and in the same position we were in before the vehicle was damaged. The repairs to the vehicle did not restore the vehicle to its originalcondition and value so we are entitled to compensation for the difference.Based on all of the documents we have secured the minimum diminishment of Value to history of accidents and repairs resulting from the accident are $3, 998.00.

When I called Terrence Cavanughs office in Erie Pennsylvania his secretary would not allow me to talk with Mr. Cavanugh nor would she give him a message.  The entire issue was sent back to Peoria, Illinois wher they all have their heads buried in the sand.  I will not stop untill they pay this claim.