Leifs Auto Collision Center - Custom Page

IN THE CIRCUIT COURT FOR THE STATE OF OREGON

IN AND FOR THE COUNTY OF MULTNOMAH

LEIFS AUTO COLLISION CENTERS, LLC, an Oregon limited liability company,

Plaintiff

vs.

YYY INSURANCE COMPANY,

Defendant

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Case No. XXXXX
DECLARATION OF
LEIFS CUSTOMER XXX

I, LEIFS CUSTOMER XXX declare:

On or about September 17, 2004, my vehicle was involved in an accident and I made a claim with my insurer, YYY Insurance Company, for the damage.

I had thought about taking my vehicle to Leif's Auto Collision Center for repair. When I spoke to YYY Insurance's claims representative, he recommended ZZZ Auto Body as YYY Insurance's "preferred shop," and told me that ZZZ Auto Body's work was guaranteed for life. Based on YYY Insurance's advice, I took my vehicle to ZZZ Auto Body in Salem for repair.

ZZZ Auto Body told me that the repairs would take two weeks to complete. However, the repairs actually took approximately seven weeks. ZZZ Auto Body did not update me throughout the repair process. I had left numerous telephone messages for YYY Insurance's claims representative, OOO, regarding the delays. With the exception of perhaps one time, she never returned my calls. The cost of the repairs at ZZZ Auto Body was approximately $6,232.06.

When I picked up my vehicle from ZZZ Auto Body, I noticed numerous problems with the repairs, most notably: (a) the interior lights did not function; (b) the fuel tank gauge worked only intermittently; (c) the rear defroster did not function; (d) the vehicle was out-of-alignment, as it had significant pull to one side when driving (no pull was present before the accident); (e) one of the power windows operated significantly slower than the other power windows; and, (f) the cruise control did not function.

I complained to ZZZ Auto Body regarding these problems. ZZZ Auto Body told me to return my car to their Beaverton shop. ZZZ Auto Body had my vehicle for an additional week, yet they were still unable to correct most of the problems, with the exception of the alignment and cruise control. ZZZ Auto Body was otherwise dismissive of my concerns, telling me that YYY Insurance would not pay for certain repair items anyway. ZZZ Auto Body also told me that my car's power window operated slowly because it was furthest from the power switch.

I complained to YYY Insurance regarding ZZZ Auto Body's refusal to correct these problems. OOO1 claims representative from YYY Insurance replied to me that ZZZ Auto Body's repairs were "all done properly and within specifications."

After receiving no satisfactory answer from either ZZZ Auto Body or YYY Insurance, I decided to take my car to Leif's Auto Collision Center (Leif's) for help. Shortly afterward, OOO claims representative from YYY Insurance called me (after weeks of unreturned calls I had placed for her). Her tone sounded less than pleased that I had taken my car to Leif's; she said, "so, what's up…why is your car at Leif's?" I explained the problems to her and told her that I was not taking my car back to ZZZ Auto Body.

It is my understanding that YYY Insurance and Leif's inspected the problems with ZZZ Auto Body's repairs. Finally, during the week of January 17, 2005, OOO2 claims representative from YYY Insurance called me and told me that YYY Insurance was declaring my car a total loss because of the cost that would be required to re-repair ZZZ Auto Body's repair work.

I hereby declare that the above statement is true to the best of my knowledge and belief, and I understand it is made for use as evidence in court and is subject to penalty of perjury.

DATED this 24th day of January, 2005

____________________________________
LEIFS CUSTOMER XXX