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36
YEARS
VOL. 8 ISSUE 10 JANUARY 2018
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Industry Associations Pledge 2018 Resolutions
Year in Review: The Collision Repair Industry in 2017
Most folks view New Year’s Eve as a time to reflect on the recent year and make resolutions for the next as they strive to improve themselves or their lives. Collision repair industry associations have also begun preparing for 2018 by beginning to focus on their goals for next year and how they can help their members, advance their organizations and improve the industry for everyone. Several association leaders shared their 2018 New Year’s Resolutions with Autobody News. In 2017, a lot of associations focused on membership growth, bringing educational value to members and pursuing legislative initiatives to improve
Starting with the inauguration of the 45th President, moving on to the solar eclipse and three devastating hurricanes, 2017 has been a year to remember with many major changes impacting the United States. The collision repair industry has continued to change as well, with evolving technology and raging legal battles, including the now-famous John Eagle lawsuit in Texas. Associations around the country offered a variety of educational opportunities through meetings and conferences, and as the New Year crept up on us, Autobody News spoke with several association leaders about the best and most memorable things they did in 2017.
by Chasidy Rae Sisk
the industry. Industry professionals can expect to see these endeavors continue into 2018, though industry leaders anticipate taking their efforts to new heights. The Automotive Service Association (ASA) spent a great deal of this past year on legislative endeavors, and plans to continue these initiatives into the New Year. ASA Executive Director Dan Risley shared, “ASA resolves to be represented, engaged and vocal in as many meetings, conferences, hearings, summits and alike in Washington D.C. and around the country that will influence the future direction of this industry, specific to new vehicle technology (telematics, (ADAS) advanced driver See Industry Associations, Page 14
The Sad Pathway to Airbag Injury: The Last 3 Years
See Airbag Injury, Page 12
P.O. BOX 1516, CARLSBAD, CA 92018
As Takata Corp. and its creditors continue to grapple with bankruptcy proceedings in tandem with a continuation of the supply chain for badly-needed replacement airbag inflators, it’s instructive to look back from whence we came with regard to airbag injuries, lawsuits and recalls. In November 2014 Bloomberg News (11/14/17) undertook an exhaustive investigation of defective airbags associated with the Takata airbag recall. At the time, about 11 million vehicles
had been recalled in the US over exploding Takata airbags and the sometimes catastrophic injuries that occurred in association with airbag failure. Globally, the recall count was 17 million in November 2014. Just over three years later that number has jumped to nearly 70 million. Hundreds have been injured. As for loss of life, there had been a handful of deaths reported globally in 2014. That number has jumped to 16 as of today. When compared to the massive recall of vehicles that carry the potential for danger, 16 appears to be a sta-
Change Service Requested
by Gordon Gibb, LawyersAndSettlements, Pub. 12/15/17
by Chasidy Rae Sisk
From getting associations off the ground to establishing a broader member base, several associations focused on growth this year. Stephen Regan, Executive Director of ASA-MA/RI, shared, “The most memorable thing ASA-MA/RI has done in 2017 is open its doors. We have brought back to the region an entity dedicated solely to the advancement of collision and mechanical repair shops and those who serve them. Unlike many state trade associations in the industry, ASA-MA/RI has a fully staffed, dedicated office location. Our sole purpose is the professional operation of the association on behalf of its members and supporters.” See Year in Review, Page 15
Happy New Year! from all of us at Autobody News
Mike Orso Speaks on Lawsuits Against Nationwide and Progressive After Court Sends Them to Trial by Chasidy Rae Sisk
In November, New York’s Second Circuit Court of Appeals reversed the decision of a lower court, ruling that Nick’s Garage in Syracuse, NY, had presented sufficient evidence to defeat summary judgment as it related to its allegations against Nationwide and Progressive in two separate cases. The court’s reversal was based on it finding that the insurers may have committed deceptive practices and breached contracts with customers through their failure to pay sufficient amounts on repair claims. Although the court has not yet made a final finding, it determined the shop had provided enough evidence to proceed to trial.
Originally, both cases (Nick’s Garage, Inc. v. Progressive and Nick’s Garage, Inc. v. Nationwide) were dismissed due to lack of evidence, but in addition to basing the decision on the legal standard for summary judgement motion, the court determined that the insurers failed to prove that Nick’s Garage could not support its claims and also examined some of the shop’s evidence, presenting several findings that could significantly impact the future of the collision repair industry. Talking to Autobody News about the cases, Mike Orso, owner of Nick’s Garage, Inc., states, “First, I want to say my attorneys did a fantastic job explaining a very difficult See Lawsuits, Page 20
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