San Jose

Woman Can't Get Electrician to Follow Through on Unusual Promise

NBC Bay Area Responds helps secure refund

EDITOR'S NOTE:  Mike Counsil Electric now does business as Pacific Coast Electricians.

When the power went out at Pat Pemberton’s San Jose home last winter, she called Mike Counsil Electric. It sent an electrician who inspected Pemberton’s electrical box and told her it had caught fire. He called it an emergency, and wrote on the job order that Pemberton’s home was unlivable.

Pemberton says she felt panicked, so she agreed to the work - estimated at $9,800.

“I had faith in him, in his word,” Pemberton said.

Pemberton said the electrician eased her mind about the money.

“He said, ‘But the good news is, since there was a fire, your insurance company will handle the claim, they’ll pay everything,’” Pemberton said.

Pemberton says the electrician offered her a deal, that was not in writing. If she paid for all the work, he would help her file a claim with her homeowner’s insurance company. And whatever her insurance did not pay, Mike Counsil Electric would refund her the difference.

“He said, ‘It’s a win-win situation, there’s no downside for you,’” Pemberton said.

Pemberton agreed. She paid Mike Counsil $9,800 to fix her electrical box. But later, Pemberton’s insurance company, State Farm, concluded Mike Counsil’s pricing was out of line.

“My insurance company said, ‘This bill is way out of proportion to what they actually did,’” Pemberton said.

State Farm hired an independent contractor to inspect Pemberton’s electrical box. His report said the electrical panel did not catch fire. He estimated the job would cost $4,100. Pemberton paid $9,800. Leaving a $5,700 gap.

“And then I started to get really concerned,” Pemberton said.

Pemberton did not care whether or not there had been a fire, since State Farm agreed to pay to fix her electrical box either way. She just wanted Mike Counsil to honor its promise and refund her. Yet, after eight months of asking - no refund.

“It seemed to me that they were stalling and waiting for me to let it go.” Pemberton said.

We contacted Mike Counsil, and within a week it refunded Pemberton $5,700. However, the company said our involvement had nothing to do with her refund.

“I agree with Ms. Pemberton,” said David Glover with Mike Counsil Electric. “If I was in her shoes, I would probably do the same thing, I’d be like, ‘I’m being taken advantage of.’”

David Glover is the electrician at Mike Counsil Electric who inspected Pemberton’s electrical box and made the refund promise.

He said Pemberton’s refund was delayed because he appealed State Farm’s decision to pay less than what he charged. After several months, he says State Farm didn’t budge.

“We’ve never, ever had a claim with this kind of difference,” Glover said. “This is the first one that we looked at and said, ‘Wow.’”

Glover and his boss stand by their word. They accuse insurance companies of sometimes cutting costs by cutting corners on claims. State Farm declined to comment for this story, citing privacy.

Pemberton’s happy she got her money back, and she’s convinced that calling us changed the outcome.

“If I was going to see that money, I would have seen it long before now,” Pemberton said.

The Contractor’s State Licensing Board said the refund promise Mike Counsil made to Pat is unusual, and not something it sees very often. So some advice, as Pemberton learned - get a promise like that in writing. It’s also a good idea to get at least three estimates. And be sure the contract you sign clearly outlines the scope of the work and any timelines.

Mike Counsil has changed its name and is doing business as Pacific Coast Electricians.

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