Northeastern Edition October 2014

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Northeastern Edition New York Delaware New Jersey Pennsylvania

Maryland Connecticut Rhode Island Massachusetts

33

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VOL. 4 ISSUE 7 OCTOBER 2014

Federal Court in FL to Rule on Overtime Pay Under FLSA for Auto Repair Employees

Body Shop Owner’s Forgotten Lottery Ticket is a Nearly-Lost $2.9 Million Winner

A federal court case involving overtime payment for employees under the rules of the Fair Labor Standards Act (FLSA) was filed in State Court February, 2014, and removed to the Federal Florida Southern District Court in July. The court’s ruling in Smoluk v. Action Auto Body, LLC, has the potential to clarify confusing and contradictory positions from the Department of Labor and rulings by courts with regard to exempt status for employees in automotive repair. The plaintiffs, Jospeh Smoluk and Michelle Smoluk, are suing their

A change in Jerry Ritieni’s routine on July 19 almost cost him close to $3 million. When the Extreme Auto Body owner stopped at Cumberland Farms in Syosset, NY, to buy $10 in Quick Pic lottery tickets, he placed the tickets in his center console, instead of their usual spot—clipped to his visor mirror. There they sat until Ritieni found the tickets a month and a half later while searching for his Vermont house keys. After entering the numbers online at his shop, he became a millionaire in the blink of an eye. “I’m a joking-around kind of guy, so my son, friends and employees didn’t believe that I had won the lotto, until I sped out of the parking lot,” said the Massapequa local. “Kenny [an em-

by Stacey Phillips, Assistant Editor

former employer, Franck Tatto and Action Auto Body, LLC., for damages exceeding $15,000, excluding attorneys’ fees or costs for breach of agreement and unpaid wages under the FLSA. Franck Tatto and Action Auto Body, LLC., located in Broward County, FL, deny the allegations. In court documents, the defendants say the “… Plaintiffs have been paid all wages due in full and in a timely manner.” According to the lawsuit, Jospeh Smoluk worked for Action Auto Body as a non-exempt service writer from See Overtime Pay, Page 10

Theft and Serious Injury at PA Auto Body Shop by Stacey Phillips, Assistant Editor

An attempted auto theft at a collision repair shop in Pittsburgh, PA on August 30 left the shop manager seriously injured in the hospital and nine cars damaged. Pittsburgh police are investigating the incident that took place at Ultimate Auto Body Shop, in business for more than 30 years. Mike Harlack, the manager, noticed someone getting into a new Subaru that had just been dropped off that morning and was ready to be put on the rack. “He thought it was one of his friends at first,” said Joe Sokolowski, the owner of the shop. Sokolowski

said when the car started Harlack opened the door to stop the thief. A surveillance video, aired on WTAE Pittsburgh Action News 4, showed Harlack being dragged away by the car before hitting the side of a tow truck and falling to the ground, with a broken leg. The thief sped away, hitting eight cars and totaling the Subaru before running away. Sokolowski said he wished that Harlack wouldn’t have tried to stop the thief. “I just hope he’s going to be okay,” said Sokolowski, who has worked with Harlack since the shop first opened and considers his col-

by Victoria Antonelli, Online Editor

Extreme Auto Body owner Jerry Ritieni in front of his NY shop with the winning ticket (Photo courtesty of VICTORALCORN.COM)

ployee] said, ‘I think he’s serious, he hasn’t left the shop during business hours in 22 years, and he’s been gone for almost an hour!’” Ritieni, 48, says that he will continue to work. “The money is life-easing, not life-changing,” Ritieni explains. “I never had a retirement plan, which was always a concern of See Lottery Winner, Page 6

Axalta Coating System’s Front Royal Plant Hosted Congressman Bob Goodlatte

See Theft and Injury, Page 12

Axalta Front Royal Plant Manager Lou Papa (l) and Congressman Bob Goodlatte (r)

Axalta Coating Systems, a leading global supplier of liquid and powder coatings, hosted Congressman Bob Goodlatte, serving Virginia’s Sixth Congressional District, at its Front Royal plant on September 8, 2014. Congressman Goodlatte is visiting select industries in the area in sup-

port of local economic growth. Lou Papa, Axalta Plant Manager, hosted the congressman who addressed a large group of employees. “We enjoyed visiting with Congressman Goodlatte. Our Front Royal plant manufactures and distributes high quality paint products for customers in the Refinish and Industrial markets. We are proud of our team members and our products, and we are pleased that he took the time to visit our facility,” said Papa. “Axalta has an important presence in Warren County – both employing many hardworking individuals and helping to stimulate the local economy,” said Congressman Goodlatte. “I was delighted to visit the Front Royal facility to learn more about the work they are doing and take questions from team members on some of the issues facing our nation today. I thank Lou Papa and the team members in Front Royal for welcoming me.”

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Contents

New Talent Joins the Autobody News Editorial Staff

Attanasio - AASP-MN President Jerald Stiele

3M Hire Our Heroes Program Supported

Auto/Steel Partnership to Present During

100 Fireman Fought NY Fire. . . . . . . . . . . . . . . 20 Military in DE. . . . . . . . . . . . . . . . . . . . . . . . 17

AASP-PA Offers Two New Membership Levels . 13

has Lifetime of Repair Experience . . . . . . . . 52 OEM Collision Repair Technology

Summit at SEMA Show . . . . . . . . . . . . . . . . 58

ASA-AZ’s Phoenix Chapter Board Prepares Next

Axalta Coating System’s Front Royal Plant

Body Shop Owner’s Forgotten Lottery Ticket

Boyd Group Acquires Seven Champs Collision

Boston Worse Than Washington in Risky

CarMax Recruiting for More than 1,000 Jobs . . 40

Year’s Schedule, Calendar Forthcoming . . . . 40 is a Nearly-Lost $2.9 Million Winner . . . . . . . 1 Driver Ranking. . . . . . . . . . . . . . . . . . . . . . . 20

Car Enthusiasts Flocked to Al Laskey Memorial

Auto Show in Perkiomen, PA . . . . . . . . . . . . 17

D.C. Man Gets 12 Years for Attack on

Shop Co-Worker . . . . . . . . . . . . . . . . . . . . . 21

NJ Firefighter Accused of Arson. . . . . . . . . . . . 20 NJ is 5th Most Expensive State for

Hosted Congressman Bob Goodlatte . . . . . . . 1 Centers in Southeast Louisiana . . . . . . . . . . 60

Celette Has Fixtures for M-B B Class

Electric Drive . . . . . . . . . . . . . . . . . . . . . . . . 35

Counterfeit Engine Control Devices Found in FL . 60 Crowd Favorite the “Telephone Doctor”

Returns for SEMA Education Days . . . . . . . . 54

Education Foundation Announces Scholarship

Winners Including Nation-wide Students . . . 60

Auto Ownership. . . . . . . . . . . . . . . . . . . . . . 63

Federal Court in FL to Rule on Overtime Pay

Body Shop & Non-OEM Parts Retailer . . . . . . 9

FL is the Third Most Expensive State in

Larceny & Criminal Tax Fraud . . . . . . . . . . . . 6

Ford and Chrysler Up, GM down in

Nearly-Lost $2.9 Million Winner. . . . . . . . . . 39

GM Posts Best July Sales Since 2007,

YouTube Bugatti Crash Case . . . . . . . . . . . . . 9

Herkules to Host NASCAR Driver Brendan

Insurance is Negatively Impacting Industry . . 8

K & M Collision Sends Second Version of ‘Open

NY Shop & Owner Pleads Guilty to Grand

NY Shop Owner’s Forgotten Lottery Ticket is a PA Insurance Company Vindicated in

PA Shop Owner Held Meeting to Discuss How

Tesla Sales Victory in MA . . . . . . . . . . . . . . . . . 6

Theft and Serious Injury at PA Auto Body Shop . 1 COLUMNISTS

Under FLSA for Auto Repair Employees . . . . . 1 Which to Own a Car . . . . . . . . . . . . . . . . . . 62 August Car Sales. . . . . . . . . . . . . . . . . . . . . 63 Toyota Also Up . . . . . . . . . . . . . . . . . . . . . . 51 Gaughan During SEMA Show . . . . . . . . . . . 50 Letter’ Video to NC Attorney General . . . . . . 38

Massive Tesla Battery Factory to Be Built in NV . 6 MS is the 4th Most Expensive State for

Car Ownership Overall . . . . . . . . . . . . . . . . . 62

Antonelli - Autobody News Launched Our

NABC 20th Anniversary Golf Fundraiser,

Attanasio - Is Angie’s List Impartial or

Napa Body Shops Jolted After 6.0 Quake. . . . . 34

New Website on September 13 . . . . . . . . . . . 4 Is She Playing Favorites?. . . . . . . . . . . . . . . 48

Franklin - End Useless Marketing—Redirect

January 14, 2015 . . . . . . . . . . . . . . . . . . . . 51

Nationwide Auto Insurance in NJ for

First Time Since 1981 . . . . . . . . . . . . . . . . . 16

Funds and Get Results! . . . . . . . . . . . . . . . . 44

NC Auto Injury Attorney Urges Drivers to Use

Set Up a Blueprinting Area . . . . . . . . . . . . . . 24

Over $500,000 in Support to Makeover School

and More—Documentation Part 3 . . . . . . . . 42

Panel to Discuss Aftermarket Access to OEM

Vehicle Issues, Impact of “Length of Rental”

Roseville, MN, Police Replace Local Auto

Luehr - Better Blueprinting, Part 2: How to Sisk - Parts Authorization, Indemnification

Yoswick - CIC Committees Look at Autonomous

Formulas. . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Yoswick - October Retrospective—ADP,

Non-OEM Parts, AAIA Study . . . . . . . . . . . . 28

NATIONAL

A First-Person Account of the Consolidated

MDL Hearing in Orlando, September 11 . . . . 18

ABRA Auto Body Acquires USA Collision

Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Aluminum Association to Present During SCRS’

OEM Collision Repair Technology Summit . . 59

ASA Announces Plans to Relocate Headquarters . 56

ASA Confirms Detroit as Location and Dates

for Next NACE-CARS Expo. . . . . . . . . . . . . . 51

the New NHTSA Online Recall Check . . . . . . 50 Grant Applications Announced During SEMA . 21

Education During NASTF Meeting Nov. 5 . . . . 8

Body Shop as Provider After Employees

Take Squad Cars on Joyride. . . . . . . . . . . . . 54

SCRS Posts Tribute to March Taylor for

Supporting and Inspiring the DEG . . . . . . . . 62

Season 34 of MotorWeek 2014 Features

Collision Mitigation, Traffic Alerts. . . . . . . . . 63

Six Holmes Body Shop Locations Acquired by Cooks Collision Centers, All but

Original Shop in Pasadena . . . . . . . . . . . . . . 40

Volvo Reappears on World Market with XC90. . 59

WI is the 5th Cheapest State in Which to

Own a Car . . . . . . . . . . . . . . . . . . . . . . . . . . 62

WY is the Most Expensive State in the US

Contact Stacey at:

Contact Victoria at:

Stacey Phillips

is our new Assistant Editor. She has written and edited for numerous online and print publications over a 15-year period. Stacey graduated from the University of Southern California with a double major in journalism and political science. Born and raised in Los Angeles, CA, she also lived in Calgary, Alberta where she edited several magazines before joining Suncor Energy. There she helped create an online company newsletter that received the Apex Award of Excellence two years in a row. Stacey also co-authored a commemorative history book for the Province’s Institute of Chartered Accountants. After moving back to San Diego in 2007, Stacey has spent the majority of her time writing about local issues. When she isn’t writing, Stacey enjoys playing tennis, reading and spending time with her family.

sphillips@autobodynews.com with your story ideas and news items. Publisher & Editor: Jeremy Hayhurst General Manager: Barbara Davies Assistant Editor: Stacey Phillips Online Editor: Victoria Antonelli Contributing Writers: Tom Franklin, David Brown, John Yoswick, Janet Chaney, Toby Chess, Ed Attanasio, Chasidy Sisk, David Luehr Advertising Sales: Joe Momber, Sean Hartman, Bill Doyle, David Petro (800) 699-8251 Sales Assistant: Louise Tedesco Art Director: Rodolfo Garcia

Indexof Advertisers

NY Planning Board Approves Site Plans for

Victoria Antonelli is Our New Online Content Editor

for Car Ownership . . . . . . . . . . . . . . . . . . . . 62

Acura of Westchester . . . . . . . . . . 48 Amato Agency. . . . . . . . . . . . . . . . 50 Audi Wholesale Parts Dealers. . . . 59 Axalta Coating Systems . . . . . . . . . 5 B & R Associates. . . . . . . . . . . . . . 39 Baystate Chrysler-Jeep-DodgeRam . . . . . . . . . . . . . . . . . . . . . . 20 BMW Wholesale Parts Dealers . . . 55 Car-Part.com . . . . . . . . . . . . . . . . . . 6 CarcoonAmerica Airflow Systems . 21 Celette . . . . . . . . . . . . . . . . . . . . . . . 9 Central Avenue Chrysler-JeepDodge-Ram . . . . . . . . . . . . . . . . 28 Certified Automotive Parts Association (CAPA) . . . . . . . . . . 27 Chief Automotive. . . . . . . . . . . 34, 35 Classifieds . . . . . . . . . . . . . . . . . . . 62 Clay Auto Group . . . . . . . . . . . . . . 49 Colours, Inc . . . . . . . . . . . . . . . . . . 17 Crashmax Equipment . . . . . . . . . . 13 Dent Magic Tools. . . . . . . . . . . . . . 18 Dent Tools Direct USA. . . . . . . . . . 22 Ditschman/Flemington Auto Group. 41 Dominion Sure Seal, Ltd . . . . . . . . 26 Empire Auto Parts . . . . . . . . . . . . . 26 Equalizer Industries, Inc.. . . . . . . . 16 Fairfield Chrysler-Jeep-Dodge-Ram . 12 Fitzgerald’s Lakeforest HyundaiSubaru. . . . . . . . . . . . . . . . . . . . 38 Ford Wholesale Parts Dealers. . . . 54 Fred Beans Parts. . . . . . . . . . . . . . 64 Future Cure . . . . . . . . . . . . . . . . . . . 8 Gary Rome Hyundai-Kia . . . . . . . . 44 Glanzmann Subaru . . . . . . . . . . . . 47 GlasWeld Systems, Inc . . . . . . . . . 40 GM Wholesale Parts Dealers . . . . 56 Hackettstown Honda. . . . . . . . . . . 50 Herkules Equipment Corporation . 43 Honda-Acura Wholesale Parts Dealers . . . . . . . . . . . . . . . . . 32-33

Victoria Antonelli

is the newly appointed online content editor at Autobody News. Victoria will be managing our new website and social media pages. She is originally from South Kingstown, RI, and has lived in San Diego, CA, since August 2013. Victoria graduated from the University of Rhode Island in May 2013 with a BA in journalism. Previously, she attended High Point University in High Point, NC, for two years, and studied abroad for a semester at Oxford Brookes University in Oxford, England. Victoria completed two internships while in college, one with the University of Rhode Island Marketing and Communications Department and another at Rhode Island Monthly Magazine. Victoria’s favorite color is turquoise and her hobbies include hiking, reading, writing, and photography.

vantonelli@autobodynews.com with your story ideas and news items. Serving New York, New Jersey, Pennsylvania, Delaware, Maryland, Connecticut, Rhode Island, Massachusetts and adjacent metro areas. Autobody News is a monthly publication for the autobody industry. Permission to reproduce in any form the material published in Autobody News must be obtained in writing from the publisher. ©2014 Adamantine Media LLC. Autobody News P.O. Box 1516, Carlsbad, CA 92018 (800) 699-8251 (760) 603-3229 Fax www.autobodynews.com Email: news@autobodynews.com

Northeast

REGIONAL

Stacey Phillips is Our New Assistant Editor for Print

Hyundai Wholesale Parts Dealers . 51 Innovative Tools & Technology, Inc . 29 Jaguar Wholesale Parts Dealers. . 63 Kia Motors Wholesale Parts Dealers . . . . . . . . . . . . . . . . . . . 57 Koeppel VW-Mazda. . . . . . . . . . . . 46 Lexus Wholesale Parts Dealers. . . 63 Malco. . . . . . . . . . . . . . . . . . . . . . . 19 Martech Services Company . . . . . 24 Maxon Hyundai . . . . . . . . . . . . 14-15 Maxon Mazda . . . . . . . . . . . . . . . . 23 Mazda Wholesale Parts Dealers . . 52 MINI Wholesale Parts Dealers. . . . 54 MOPAR Wholesale Parts Dealers . 37 Motor Guard Corp. . . . . . . . . . . . . . 4 Nissan/Infiniti Wholesale Parts Dealers . . . . . . . . . . . . . . . . . . . 58 Porsche Wholesale Parts Dealers . 58 PreFab Ads . . . . . . . . . . . . . . . . . . 34 Prima srl, Inc. . . . . . . . . . . . . . . . . 10 Providence Lacquer & Supply Centre . . . . . . . . . . . . . . . . . . . . 30 SATA Spray Equipment . . . . . . . . . 2 Security Dodge-Chrysler-JeepRam . . . . . . . . . . . . . . . . . . . . . . . 7 Sherwin-Williams Automotive Finishes . . . . . . . . . . . . . . . . 24, 25 Subaru Wholesale Parts Dealers . 61 Sussman Auto Group . . . . . . . . . . 42 Tasca Automotive Group. . . . . . . . 45 TG Products, Inc. - The Rail Saver. 36 Thompson Organization . . . . . . . . 53 Toyota Wholesale Parts Dealers . . 60 Valspar Automotive . . . . . . . . . . . . 11 Volkswagen Wholesale Parts Dealers . . . . . . . . . . . . . . . . . . . 59 Volvo Wholesale Parts Dealers . . . 56 Wagner Auto Group . . . . . . . . . . . 31 Yonkers Kia . . . . . . . . . . . . . . . . . . 40

www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 3


Web Window

Autobody News Launched Our New Website on September 13 with Victoria Antonelli

On Sept. 13, 2014, Autobody News launched a new and vastly improved website, under the same domain name— www.autobodynews.com. Enhanced video handling, strengthened social media connectivity, optimal organization, and an eye-catching color scheme are just a few of the many up-

Home The home page (see p. 8)displays the most recent articles in the following categories—Regional Content, Product News, National Events, Recent Association Articles and the Video Gallery. The Video Gallery will feature recent videos that has impacted the industry.

Regional Content Regional Content is grouped, like our print editions, into five major sections of the country—Midwestern News, Southwestern News, Western News, Northeastern News, and Southeastern News. National News, which is replacing the former Industry News category, covers stories that affect all corners of the US. The regions are color-coded at the top of the page to match the headings of each section. Each region now has its own domain. For example, western.autobodynews.com will take you to Western Regional Content, including News, Associations, and Events. You can also located and save RSS feeds from each of these regional categories.

SPS SPS stands for Shop & Product Showcase. This unique publication gives shop owners and managers a detailed, peer to peer perspective on the prod-

grades this advanced template has to offer. The template is fully responsive, meaning you can view it optimally on any device you carry. The main functionality is to group our regional coverage into Regional Content pages, one for each of the print issues of Autobody News.

News Here you will find National News, Company News, Product News, Insurance News, and Automakers and Dealers. Find current and timely news stories about automobile companies, new product releases, insurance dealings, and news provided by dealerships.

4 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

ucts and services being used. Downloadable PDFs of each issue are located in this section, with the most recent being October 2014. The next drop down item, Advertising in SPS, gives detailed information about advertising policies, and how you can get your products noticed by the owners and managers of over 40,000 collision repair shops nationwide. Columns This tab features articles by industry enthusiasts. With the help of over 15 contributors, AutoBody News is able to produce thought-provoking, informative features.

Events This drop down menu not only lists meetings, classic automobile shows, and other activities for all five regions, but also national events, including the latest on SEMA and NACE. See Our New Website, Page 12


www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 5


NY Shop & Owner Pleads Guilty to Grand Larceny & Criminal Tax Fraud A Staten Island, NY, body shop pleaded guilty to felony grand larceny and its owner pleaded guilty to a misdemeanor count of criminal tax fraud on August 25, according to reports by Frank Donelly in siadvance.com and information from the office of the Richmond county district attorney. They were responsible for paying $175,000, which included $135,000 in back taxes owed by the corporation and individual as well as $40,000 in interest accrued. Richard Corio, president and 100 per cent shareholder of Absolute Car Carriers, Inc. was arrested in November 2013, and were indicted by a grand jury and arraigned on multiple felony charges of grand larceny and criminal tax fraud as well as failure to file a return or report, and city criminal tax fraud. Corio was released on his own recognizance. The case was heard in the Richmond County Supreme Court nearly a year later. “The defendants were convicted of not paying the owed sales tax, corporate income tax and personal income tax all while operating a

lucrative business,” said Richmond County District Attorney Daniel M. Donovan, Jr. “Richard Corio and Absolute Car Carriers, Inc. have been ordered to repay not only the taxes they evaded, but also a hefty amount of interest.” The defendants are still liable civilly for penalties that may be collected by state and city tax authorities. Incorporated in December 1997, Absolute Car Carriers conducted business as OK Auto Body and Auto Collision, Inc. During a three-year period the company grossed more than $1 million; however, only just over $70,000 was reported in sales. That figure equates to about seven percent of the total income. Prosecutors said the business under-reported sales tax from March 2009 to February 2012 and didn’t file sales taxes for two quarters. Company officers can be personally held liable for non-payment or under-payment of sales taxes, known as trustee taxes. Over $75,000 of sales taxes were paid back in restitution. Corio also underreported his personal income tax for all three years and was ordered to pay back over $10,000 in restitution. Ab-

MA’s highest court handed Tesla Motors a victory on Sept. 15, ruling that car dealers don’t have standing to sue the electric-car manufacturer for selling directly to customers at its Natick store, Mark Szaniszlo reported on bostonherald.com. The ruling upheld a lower court’s decision to dismiss a lawsuit brought by the Massachusetts State Automobile Dealers Association (MSADA) and some individual dealers, who argued that Tesla was trying to circumvent state law and operate an automobile dealership without the required license. However, Justice Barbara Lenk, writing for the unanimous court, said the law “is aimed primarily at protecting motor vehicle dealers from injury caused by the unfair business practices of manufacturers and distributors with which they are associated, generally in a franchise relationship.” “Tesla has never had franchises and so is not governed by this law,” said Diarmuid O’Connell, the California-based company’s VP for corporate and business development. Since the lawsuit was filed, Natick officials granted Tesla a dealership license, the state’s highest court noted. Read the full article at: http://bostonherald.com/

Tesla Motors announced on Sept. 4 that Nevada was selected as the official site for the Tesla Battery Gigafactory. “This is great news for Nevada. Tesla will build the world’s largest and most advanced battery factory in Nevada which means nearly one hundred billion dollars in economic impact to the Silver State over the next twenty years. I am grateful that Elon Musk and Tesla saw the promise in Nevada. These 21st century pioneers, fueled with innovation and desire, are emboldened by the promise of Nevada to change the world. Nevada is ready to lead,” stated Governor Brian Sandoval. “I would like to recognize the leadership of Governor Sandoval and the Nevada Legislature for partnering with Tesla to bring the Gigafactory to the state. The Gigafactory is an important step in advancing the cause of sustainable transportation and will enable the mass production of compelling electric vehicles for decades to come. Together with Panasonic and other partners, we look forward to realizing the full potential of this project,” said Chairman and CEO Elon Musk.

Tesla Sales Victory in MA

Massive Tesla Battery Factory to Be Built in NV

6 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

solute Car Carriers had to pay more than $50,000 in corporate income taxes owed to New York City. “Sales tax evasion disadvantages honest business owners and steals directly from customers,” said Thomas H. Mattox, the New York State Department of Taxation and Finance Commissioner. The case was prosecuted by Assistant District Attorney Jin Lee under the supervision of Assistant District Attorney Kyle Reeves, the chief trial counsel. Corio’s lawyer, Joseph Sorrentino, had not responded to Autobody News’ request for a comment as of press time.

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TEACHER OF AUTO BODY Fredonia, NY

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Continued from Cover

Lottery Winner

mine, so it’s nice to have that taken care of.” Ritieni’s 20-year-old daughter and 17-year-old son are his priorities, specifically their college tuition. He also bought the building next door to his shop for expansion purposes. “I drove into a Maserati dealership next door to the lottery office while my son was in the car, just to mess with him,” said Ritieni. Ritieni said he’s happy with the way the community responded to his win. “I live by my father’s words: Be honest, be fair, and do the right thing,” said Ritieni. “A lot of the locals said I won because of good karma and I believe that to be true.” Ritieni said he is not affiliated with any DRPs, and that the customer is the priority. “Everybody wants to make a living, but money is not my driving factor,” said Ritieni. “I don’t believe in taking advantage of people. At my shop, everybody gets what they paid for, and everybody gets treated the same.” After a cash buyout and tax deductions, he collected $1.3 million.


www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 7


Panel to Discuss Aftermarket Access to OEM Education During NASTF Meeting Nov. 5

A three-person panel will discuss key issues in a one-hour session, Aftermarket Access to OEM Education Resources, during the NASTF Fall 2014 General Meeting, Wednesday, Nov. 5 at the Sands Expo Center/Venetian Hotel in Las Vegas. Jill Saunders of Toyota, Rob Morrell of WORLDPAC and Bill Moss of EuroService Automotive will engage with panel moderator Skip Potter of NASTF, revealing their expert insights on the availability, use and plans of OEM technical training resources for the independent aftermarket. Panelists will discuss key issues concerning OEM education resources, including the legal requirements on au-

tomakers, why automakers may want to provide training voluntarily, the difference between OEM dealer training and what the aftermarket may need, navigating OEM websites to find training, OEM licensing of resources to independent trainers and more. Jill Saunders is a Product Engineer for Toyota Motor Sales, USA, in the Product Quality and Service Support Division. She is responsible for the development and support of the Techstream Diagnostic Scantool for all of North America and the US Territories. Rob Morrell has been Director of Training for WORLDPAC since 2001. Previously, he had been lead technician and shop foreman in a 115-bay, San Fran-

cisco area BMW-Porsche dealership. Morrell currently serves as the Independent Co-chair for the NASTF Education Committee. Bill Moss owns a four-bay service shop, EuroService Automotive in VA, which he purchased in 2009. Moss is an ASE Master, L-1 Technician and serves on the Boards of Directors for both NASTF and the Automotive Service Association. Skip Potter is the Executive Director of NASTF. “The OEMs provide a great deal of training resources to the techs in their dealer networks,” said NASTF Board Chair Allen Pennebaker. “While the resources available from some OEMs to independents is often the same and

those from others may not be as extensive, much of what is being provided is not being consumed. This panel should go a long way to fixing that disconnect and helping all to understand what is available and what is not, how to access those resources and what to do if they cannot.” The NASTF meeting begins at 1pm (PT) in Casanova 605 during the Automotive Aftermarket Industry Week. No registration is necessary. Information can be found at www.nastf.org/generalmeetings/. Seating is limited but the full event and panel discussion will be broadcast on the NASTF website, www.nastf.org, and recorded on the NASTF YouTube Channel, www.youtube.com/nastfdotorg.

PA Shop Owner Held Meeting to Discuss How Insurance is Negatively Impacting Industry

Ron Perretta, owner of Professionals Auto Body in central PA, held a meeting for body shop owners and employees, as well as consumers and vendors, who believe insurance companies are negatively impacting the industry. The meeting was held Sept. 20, at the Holiday Inn Fort Washington PA. "...this is not about DRP or Non-DRP. This is about independence and charging what's fairly owed to our shops," said Perretta.

Perretta encouraged industry workers and patrons to come out and show their support. "This gathering is to discuss what the solutions are to an ever growing problem," said Perretta. "You need to get off the sidelines and get involved. We are very powerful when we join together." The following was addressed: ● legal actions by repairers in the states of Mississippi, Florida, Tennessee, Indiana, Utah and Louisiana, plus addi-

tional states joining the Multi District Litigation against the nation’s largest insurance companies; ● Louisiana Attorney General’s action against the nation’s largest property and casualty insurance company; ● the ability for body shops to buy parts freely from other shops; ● the ability to sell parts without having to pay insurance companies that "destroy the parts vendors business and shops profitability;"

● the right of consumers to have repairs done by the body shop they choose; ● the right of consumers to use whichever rental car company they choose. "We cannot continue to have the insurance industry control our every move, even to the point that shops and vendors are frightened to come out on Sept. 20," said Perretta. For more information, contact Ron Perretta at 814-931-7669.

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8 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com


NY Planning Board Approves Site Plans for Body Shop & Non-OEM Parts Retailer

At its Aug. 25 meeting, the Spencer Joint Town and Village Planning Board in New York approved site plan reviews for two businesses, Trucks2Bikes and Walter’s Auto Body, according to Keri Blakinger on ithaca.com. Public hearings were held in Aug. and after receiving county approval in Sept., the plans were able to come to a vote for approval. First, the board discussed Trucks2Bikes, an aftermarket parts retailer on Route 96, also known as Candor Road. The board went over parts two and three of the State Environmental Quality Review (SEQR) form. The board members agreed the business would not pose any significant environmental impacts and Brent Weston moved a resolution to accept that. Tom Bailey noted, “Not everyone is as easy as this one is, by the way.” Next, the board addressed the approval of the site plan review. One condition specified that signs needed to be at least 100 feet from the center of the road, but Code Enforcement Officer Mike Katchmir said such a restriction would not be allowed without zoning. Neither the town nor the village have zoning so the board rephrased that condition to indicate that

signage should comply with state regulations and not obstruct pedestrian or vehicular access. The board members present – Bailey, Weston, John Whitcomb, Al Fuller, andAndrea Sutfin – approved the site plan. Bailey told the business owner, Kyle Bostwick, “We have approved your site plan and you may go forward.” Then the board addressed the Walter’s Auto Body site plan. Owned by Vladimir Bushmich, the business is a rebuild of the shop that existed on that same location until Nov. 2013, when it was destroyed in a fire. The discussion began with parts two and three of the SEQR form. One question on the SEQR form addressed whether planned building would impair the character or quality of the existing community and Whitcomb said, “That’s one where I have mixed feelings.” He noted that since there is no zoning in Spencer there was no basis to deny the site plan review based on its effect on the quality of the surrounding community. The board unanimously approved a resolution that the business would not pose any significant environmental impacts, and approved the site plan. Now the shop will need a building permit from Katchmir.

PA Insurance Company Vindicated in YouTube Bugatti Crash Case

Philadelphia Insurance Companies said it has been vindicated in its investigation and denial of a fraudulent claim filed by an East Texas motorist for the 2009 crash of his Bugatti Veryon, following his guilty plea in August in the case United States of America v. Andy Lee House, as reported by Insurance Journal. The Bala Cynwyd, Pennsylvania-based insurer said it committed extensive resources over the past four years to fight the $2.2 million fraudulent claim filed by Andy Lee House of Lufkin, Texas, for the intentional destruction of the luxury sport car. The 2009 crash, which was captured on video by a passing motorist and viewed more than five million times on YouTube, drew national attention. Philadelphia Insurance said its claims investigators had suspected fraud from the beginning and steadfastly denied the claim. Authorities said House initially claimed that he was reaching for his cell phone when the car swerved into water near Galveston, Texas. The salt water flooded the engine, ruining the Bugatti. Philadelphia Insurance said it commenced its investigation, secured witness statements, and received an

anonymous call regarding the scheme developed by House to destroy the vehicle in exchange for the insurance proceeds. In lieu of settling the claim, Philadelphia Insurance filed suit in 2010 in the U.S. District Court for the Southern District of Texas seeking to not only rescind the insurance policy issued to House, but also sought damages for breach of the insurance contract and fraud. The insurer said the FBI ultimately got involved and filed a federal lawsuit against House, resulting in his guilty plea on August 26 to wire fraud. House faces up to 20 years in federal prison and the U.S. Attorney in the case has recommended that he pay restitution to Philadelphia Insurance. “We owe a great deal of thanks to the witnesses who provided video and statements, which allowed the truth to come to light, as well as to federal and local enforcement for their investigations,” said Bill Benecke, executive vice president and chief claims officer at Philadelphia Insurance. “Fraudulent claims adversely impact all of our customers and it is our fiduciary responsibility as an insurance carrier to protect our policyholders.”

www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 9


Continued from Cover

Overtime Pay

October 1, 1997 to January 25, 2012. Michelle Smoluk claims she performed work as a non-exempt secretary from approximately May 2004 to January 25, 2012. The plaintiffs say they worked an average of 50 hours per week and were not paid the proper overtime rate for the hours they worked over 40 per week, as prescribed by Federal and Florida law. They also say that Action Auto Body received gross revenue in excess of $500,000 per year, which satisfies the FLSA’s coverage requirements of working in interstate commerce. According to Section 7 of the FLSA guidelines, unless employees are specifically exempted from this rule, “...employers must pay covered workers at least one-and-a-half times their regular hourly wage for hours worked over 40 hours a week at a

given job. Employers may choose to pay more than time-and-a-half for overtime or to pay overtime to employees who are exempt from overtime under the FLSA.” The Smoluks are seeking damages for unpaid minimum wage and unpaid overtime compensation for hours they worked in excess of 40 per week with interest; an equal amount in double damages/liquidated damages; the cost of the action and reasonable attorneys’ fees and additional relief decided by the court. If the plaintiffs prevail, there is likely a statute of limitations for any entitlement going back two or three years, at the discretion of the court, from the date on which the case was filed. Since the case was filed in State Court in February 2014, that would be the effective date for damages. The defendants assert that Jospeh Smoluk was exempt from the FLSA under the executive and/or professional exemptions and Michelle

Excerpt from FLSA Regulation §779.372 Nonmanufacturing establishments

with certain exempt employees under section 13(b)(10).

(c) Salesman, partsman, or mechanic.

(1) As used in section 13(b)(10)(A), a

salesman is an employee who is em-

ployed for the purpose of and is prima-

rily engaged in making sales or

obtaining orders or contracts for sale of

the automobiles, trucks, or farm imple-

ments that the establishment is prima-

rily engaged in selling. As used in

section 13(b)(10)(B), a salesman is an

employee who is employed for the pur-

pose of and is primarily engaged in

making sales or obtaining orders or

contracts for sale of trailers, boats, or

aircraft that the establishment is prima-

rily engaged in selling. Work performed

incidental to and in conjunction with

the employee's own sales or solicita-

tions, including incidental deliveries

and collections, is regarded as within

the exemption.

(2) As used in section

13(b)(10)(A), a partsman is any em-

ployee employed for the purpose of

and primarily engaged in requisitioning,

stocking, and dispensing parts.

(3) As used in section

13(b)(10)(A), a mechanic is any em-

ployee primarily engaged in doing me-

chanical work (such as get ready

mechanics, automotive, truck, or farm

implement mechanics, used car re-

conditioning mechanics, and wrecker

mechanics) in the servicing of an au-

tomobile, truck or farm implement for

its use and operation as such. This in-

cludes mechanical work required for

safe operation, as an automobile,

truck, or farm implement. The term

does not include employees primarily

performing such nonmechanical work

as washing, cleaning, painting, polish-

ing, tire changing, installing seat cov-

ers, dispatching, lubricating, or other

nonmechanical work. Wrecker me-

chanic means a service department

mechanic who goes out on a tow or

wrecking truck to perform mechanical

servicing or repairing of a customer's

vehicle away from the shop, or to

bring the vehicle back to the shop for

repair service. A tow or wrecker truck

driver or helper who primarily per-

forms nonmechanical repair work is

not exempt.

10 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

Smoluk was exempt under the administrative exemption. Over the years there has been considerable confusion about the status of service writers and whether or not they are exempt from the overtime pay provisions of the FLSA. The answer appears to lie in whether or not the employer is a dealership or a collision center. The distinction is important, since the exemption for service writers only applies to service writers who work in an auto dealership, that is an ‘establishment . . . primarily engaged in the business of selling automobiles, trucks, or farm implements to the ultimate purchaser.’ 29 CFR 372(b)(ii). If the service writer works in a collision center, service shop, or some other business which does not actually sell cars, then the exemption does not apply, according to attorneys. If Action Auto Body, LLC is a dealership, then the service writer exemption pretty clearly applies. There is a case called Brennan v. Deel Motors, 475 F.2d 1095 (5th Cir. 1973) which is directly on point, and is actually binding on the court where the Smoluk case is pending. “A body shop would have all of

the general exemptions available under the FLSA at their disposal,” said an attorney with a nationwide firm that represents employers in labor and employment matters. “For example, executive, administrative, professional, computer professional, outside sales. They just would not have the three commonly used dealership overtime exemptions: salesperson, partsmen, and mechanic,” said the attorney, who is not affiliated with this case, adding the service writer exemption is considered part of the salesperson exemption. In 1966, Congress amended the FLSA and created an exemption for any salesman, partsman or mechanic employed at a retail dealership. A year later the U.S. Department of Labor (DOL) confirmed service writers were exempt from overtime pay; however, they retracted their statement a month later and issued an opinion letter saying service writers would not be included in the exemption. Since then numerous federal cases have ruled that service employees are exempt from FLSA overtime. On April 5, 2011, the Wage and Hour Division of the DOL clarified its See Overtime Pay, Page 13


www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 11


Tips for Smooth Operation If you’re a frequent flyer on our site your browser may store links to our old site in its cache. If you’re not getting active links, go to your history and delete the cache file, then relaunch autobodynews.com.

Continued from Page 4

Our New Website

Associations The association stories come from all five regions, as well as national association news. Examples include news about the Iowa Collision Repair Association (ICRA), Automotive Service Association (ASA), and the Louisiana Collision Industry Association (LaCIA).

Some Ugly Regional Placeholders? You’ll notice some placeholder banner ads on the regional content sections of the website. If you’re a dealership doing wholesale parts trade in your area, consider replacing these ‘eye catching’ spots with a banner of your own. We’ll design it for you at no charge. Email advertising@autobodynews.com for more information.

Digital Editions Download a PDF version of past and present regional issues.

Contact Us Click here to find numbers and emails for all staff members at AutoBody News. Information on how to sign up for the eNewsletter or a print subscription can also be found here.

Login Click this link in the top right corner to create and sign into your account. You will need to create an account and log in in order to post a comment on an article or column for example.

Social Media On the top left corner, you will find

links to our Twitter, YouTube, Facebook, and LinkedIn pages. On the left side of each article, you will also see a Facebook tab, which allows you to “like” our page.

12 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

Take Advantage of Regional Coverage As a shop owner or association member we want to know what’s going on with your shop or your association in your state. Send us an email with the date of your meeting in advance, we’ll post it in our regional secction. Let us know what happened with pictures or video. Likewise if there’s something special going on with your shop, we can get the word out. Email your details to: editor@autobodynews.com. Thanks. We hope you enjoy using our new site.

Continued from Cover

Theft and Injury

league a close friend. Ultimate Auto Body specializes in complete collision repair and works on the police cars for the City of Pittsburgh Bureau of Police and the Mount Oliver Police Department. The auto body shop is continuing operations during this difficult time; however, Sokolowski said it is frustrating as a small business to have Harlack in the hospital and the thief at large. Autobody News contacted the police department for an update and learned no arrests have been made. Ultimate Auto Body Shop is offering a $500 reward to identify the thief.

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AASP-PA Offers Two New Membership Levels Since the Alliance of Automotive Service Providers of Pennsylvania (AASP-PA) formed in 1955, it has been a member association for shop owners in the state, but now, the association has decided to offer two new membership levels. For the first time, AASP-PA will offer free memberships to students studying in the automotive field in a PA school, and the association will also offer a low-cost membership to industry professionals, such as technicians, towers and service writers, among others. AASP-PA’s goal in offering these two new levels of membership is to continue to further their initiative of educating all automotive service providers throughout the state of PA, and the Student Membership level in particular will aid in their attempts to engage the younger generation and show them the value of education, leadership and involvement in industry associations. The association’s Student Membership level is available to students studying in the automotive field in a PA high school, technical school or at the university level. The free Student Membership includes an electronic version of “Pennsylvania Automotive

Continued from Page 10

& Insider News,” the association’s bimonthly magazine, and invitations to select chapter meetings and training events as well as free enrollment in ASE’s Student Certification Program (a $30 value). To sign up, students can visit: www.aasp-pa.org/member-resource /student-membership.aspx. The Technician Membership is available to anyone working in the automotive industry in PA, such as technicians, tower and service managers. Technician Members will receive an electronic copy of “Pennsylvania Automotive & Insider News” bi-monthly, invitations to select chapter meeting and training events, reimbursement for the cost of up to three ASE Certifications, and potentially, a discount on personal electric bills. The cost of a Technician Membership depends on whether the individual’s employer shop is a member of AASP-PA; the fee is $50 per year for employees of member shops, or the Technician Membership costs $100 annually if the employer is not an association member. For more information or to sign up, visit: www.aasp-pa.org/member-resource /technician-membership.aspx.

Overtime Pay

position. According to their website, “Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the overtime pay provisions of the FLSA.” Richard Longo, Director of Enforcement for DOL’s Wage and Hour Division in the Western Region said, “The April 2011 cleanup rule did stipulate our current position on this matter and that we don’t take an automatic position that service writers are exempt just because of their job title. That would be consistent with how we apply any of our exemptions. We look at the facts of the case. “With that being said, even though we’ve made these changes when appropriation came in for the spending bills they basically didn’t fund some of the changes,” said Longo. “We’re taking a non-enforcement position on the matter currently but it does not prohibit individuals from seeking court decisions to determine exempt or non-exempt status.” Longo said that if courts are looking for interpretive guidance, the

most recent guidance would be the April 2011 update. “If the company is able to establish that service writers satisfy one of the white collar FLSA exemptions, it would eliminate any need to record service writers’ hours worked or pay overtime for hours worked over 40 in a work week,” said the attorney consulted. “While service writers typically work long hours, they are usually paid quite well. If service writers are found to be exempt under one of the FLSA white collar exemptions, this would be a great victory for body shops and collision centers.” The defendant’s attorney has a policy of not commenting on pending litigation. The plaintiff’s attorney was unavailable for comment at press time. Autobody News will continue to follow this story and update readers on the status of Smoluk v. Action Auto Body, LLC. Details about the applicable FLSA regulations are available on the following website: www.ecfr.gov under section 779.372. As always, consult a qualified attorney before acting or reacting to any business news discussion such as this.

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Nationwide Auto Insurance in NJ for First Time Since 1981 Nationwide Mutual Insurance Company began offering New Jersey auto insurance policies in August, after being approved to enter the insurance market in June. “We are very pleased to welcome a company of the size and stature of Nationwide Mutual Insurance Co. to New Jersey,” said the Department of Banking and Insurance Commissioner Ken Kobylowski. “This is positive news for consumers as it gives them more choices. The company’s decision to begin offering auto insurance policies here also indicates that the State’s insurance market is strong and that the Administration’s pro-growth policies continue to draw business to the State.” Nationwide, headquartered in Columbus, Ohio, will initially market the auto policies over the phone, through the Internet and through Nationwide’s agents in New York, Pennsylvania and Delaware. “Nationwide is excited about this opportunity and the commitment the State and the Department have made to enhance the regulatory cli-

mate in New Jersey,” said Mark Pizzi, president and chief executive officer of Nationwide Insurance. “They have opened the doors to more choices for New Jersey residents and Nationwide is pleased to be part of this vibrant market. Expanding into the Garden State is an important step in Nationwide’s goal to become a truly national brand.” The arrival of Nationwide means that nine of the nation’s top 10 auto insurers are writing auto insurance policies in New Jersey. The other top eight are: State Farm, GEICO, Allstate, Progressive, Farmers, USAA, Liberty Mutual and Travelers. (American Family, the ninth largest auto insurance company, by premium, in the U.S. does not write insurance in the Eastern region of the country.) Overall there are 77 active insurance companies and 35 insurance groups writing auto policies in New Jersey with a total of 5.4 million exposures and $6.82 billion in written premiums in 2013. Nationwide is not new to the New Jersey insurance and financial

16 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

services marketplace. Nationwide offers auto insurance in New Jersey through Harleysville Insurance Co. and Harleysville Preferred Insurance Company of Pennsylvania. Nationwide merged with Harleysville in 2012. Nationwide wrote auto insurance in New Jersey previously, but left the market in 1981. Many Nationwide Financial Services and Nationwide Agribusiness products have been available to New Jersey residents for years. Additionally, Scottsdale, Nationwide’s excess and surplus and specialty insurance company, has served the New Jersey market for more than 30 years. “Nationwide’s entry into the market is a major milestone for New Jersey,” said Commissioner Kobylowski. “The fact that we now have nine of the nation’s ten largest insurance companies writing auto insurance here is a both a testament to the strength and competitiveness of the market and another indication that New Jersey is a good place to do business.”

ABRA Auto Body Acquires USA Collision Centers

ABRA Auto Body & Glass, a leading national damaged vehicle repair company, announced it had acquired USA Collision Centers in Harrison, West Chester, and Cincinnati, Ohio. The news follows ABRA’s initial entry into the state in June 2014. Terms of the transaction were not disclosed. The recent growth in Ohio is part of the company’s strategy to increase its national footprint. ABRA is one of the collision industry’s largest multi shop repair operators in the country. ABRA’s portfolio now stands at 243 repair centers in 19 states. “The acquisition of USA Collision Centers represents a fantastic opportunity to expand our presence in Ohio and continue building on the extraordinary success we’ve achieved in the region,” said Duane Rouse, ABRA’s president and chief executive officer.” Joseph Sanfillipo, Jr., founder and co-owner of USA Collision Centers, said, “I have complete confidence ABRA will continue the legacy my family and I have built over the years. There is no doubt our employees will flourish and our customers will receive the highest quality repairs and superior service they’ve come to expect.”


Car Enthusiasts Flocked to Al Laskey Memorial Auto Show in Perkiomen, PA

Whether rolling through for a quick glimpse of highly-tuned hotrods, or setting up a tent and hanging out all day, spectators and enthusiasts alike enjoyed blue skies and red Chevys at Perkiomen Township Fire Company’s 23rd Annual Al Laskey Memorial Auto Show in PA, according to Brendan Wills writing at the timesherald.com. “Buffed cars with even buffer engines lined up in neat rows on the Perkiomen Valley School District’s campus. There were pre-war Buicks, Corvettes, Mustangs, hotrods, trucks, and a little something for everyone in the show’s 24 categories of automobiles. Each enthusiast’s ride made some sort of statement, ranging from the sheer roar of the engine to the simple Pepé Le Pew decal on a 1946 Buick Sports Coupe or the two stuffed bears enjoying the bench-seats of a ‘57 Chevy, complete with 50s and 60s diner food hung on the window of the car next to them.” “Some of the enthusiasts in attendance have been coming to the show for years, but with more than 300 cars to admire, newcomers were encouraged to lift the hood. Newlyweds Kathy and Ray Pepe did just that when they brought their 1946 Buick Sports Coupe to the show for the first time.” “We got married in February. We

haven’t been to many shows so we came up here and figured we’d have some fun,” Ray Pepe said about their adventure in Perkiomen. Mike Zielinkski, Perkiomen Township Fire Company (PTFC) chairman of trustees, chief engineer and event DJ, said it was another great chapter in the history of the car show. “It was a perfect day and a perfect turn out,” Zielinksi said, gesturing to the breeze that brought a coolness to the 80-degree air. “You can’t ask for better weather than this.” According to Zielinkski, the company starts planning for the event months in advance under the management of the auto show chairmen and fire personnel Brad Bonner and Jeff Parlee. The annual car show, founded by the late PTFC firefighter Al Laskey, is one of the major fundraising events for the fire company. The categories, either a time period or specialty group, receive trophies for first through third. The trophies are sponsored by various businesses and individuals who help to support the fire company. “Each category judges another. So we’ll have the classics vote for one class or the Camaros will vote on the Mustangs,” said Zielinkski. “And the big tro-

phy is for the people’s choice. Any spectators that come can vote for their favorite overall car.” Below the trophies waiting to be awarded were photographs of past people’s choices, which featured a PTFC engine more than once. In the center of one collection of photographs was a small, unmarked photograph of Laskey posed next to his own fine-tuned machine. Sponsors for the category trophies included Diverse Rides Trucks Club, 360 Customs, LLC, Spring Hill Realty, Inc., Volunteer’s Financial Services, Ray A. Shaffer, Inc. Eastern Diversified Services, Robert E. Little, Inc., The Goddard School of Schwenksville, Trappe Generator Service, Michael Graham – State Farm Insurance Agent, Summes Labs, Inc. Mari-Al Auto Body, Inc., Warren Heidel and Sons, Keenan, Ciccitto and Associations, Cleeland Ott And Son, Perkiomen View Hotel, STV Energy Services, Inc., Wynn’s Express Lube and Auto Repair, A. Friend, A. J. Blosenki, Benner’s Hair Styling, D. W. Gaul Company, Gorski Associates, Horrocks Fire and Rescue, Iggy’s Eatery and Pizzeria, Kaler Moto Company, Kenneth Picardi, Landis Supermarket, Marcy Toepel, Moccia’s Train Stop, Nimlock Philadelphia, P.V. Express Lube, SSM Group, Inc., Century 21 Alliance, and The Printer’s Printer.

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3M Hire Our Heroes Program Supported Military in DE

As part of their ongoing support of the military, the 3M Hire Our Heroes Program took a road trip to Delaware’s Dover AFB Vehicle Maintenance Facility in conjunction with the race weekend at Dover International Speedway on Sept. 25. A team of volunteers was on hand to perform free vehicle detailing for spouses of deployed and fallen military members at Dover AFB. The team consisted of employees from 3M Automotive Aftermarket Division and Advance Auto Parts. NASCAR star Greg Biffle, driver of the No. 16 3M Ford Fusion, appeared at a 3M pep rally open to all base personnel. It was hosted by lead anchor and president of the Performance Racing Network, Doug Rice. The No. 16 3M Ford Fusion race car simulator was on hand. The 3M pep rally took place at the Airman & Family Readiness Center, located at 846 Sumner St., Dover AFB, DE, 19902. The 3M Hire Our Heroes program provides scholarships and grants to deserving military members and their families interested in a career in the collision industry, In the past two years, 3M Hire Heroes awarded 115 grants valued at $500,000.

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A First-Person Account of the Consolidated MDL Hearing in Orlando, September 11 by Ron Perretta

As an observer of the initial court proceedings for the repairers Multi-District Litigation against dozens of insurers in the Orlando Federal Courthouse [on Sept. 11], I can’t tell you the feeling that I had and that other repairers present expressed while watching the proceedings. I’m not sure any words can capture the feeling but it was a feeling that I believe was long overdue for repairers... and insurer’s alike. While phones and cameras were not allowed in the courthouse, the picture of the hearing was one I wish every repairer could have seen. I was sitting at the back of the courtroom, close to center and from my

view point I saw 50 plus attorneys who were there representing the 40 plus defendant insurers, all in dark suits, sitting side by side, row after row along the entire right side of the court room. In the center, on an elevated bench were the two Honorable Judges (Presnell and Smith) who sat facing the court room, and then to my left were five attorneys sitting at the plaintiff’s table who were there representing hundreds of collision repairers from various states. To the far left, in spectator’s area were 15 or more shop owners who were plaintiffs in the lawsuits to witness this first step in what will prove to be, no doubt, a pivotal and historical event for the entire collision repair industry.

Excerpts from Orlando Sentinel Articles

The following are excerpted from Paul Brinkman’s September 11 article in the Orlando Seninel as referenced by Ron Perretta. •About 55 attorneys representing insurance companies came to the Orlando court hearing September 11 •The judge in charge, Senior U.S. District Judge Gregory Presnell, showed dry humor, saying, “I don’t know what we did to deserve this, but here we are.” •Body shop attorneys said they expect another 20-25 cases to be filed in other states. •The hearing mostly set schedules and conducted introductions between attorneys and court staff. •Michael McCluggage with Eimer Stahl in Chicago said he would be doing “most of the talking in court for State Farm.” •Judge Presnell said he would discourage lengthy extensions on deadlines or filing too many back-and-forth replies to others’ motions, adding “you’ll have to come back from the golf course to get it done [if he allows it.]” Separately, Paul Brinkman has quoted Ray Gunder of Gunder’s Auto Center in Lakeland as saying, “[I have] seen many cars that were repaired improperly at other shops under insurer-imposed expense limits.” “One of those cars was a 2007 Toyota Camry hybrid owned by Joan Dick of Lake Wales, Gunder said. After a collision, Dick said, she had the car repaired first at a shop that is part of State Farm’s repair program. She says the car still shook violently on the road. She eventually took it to Gunder. Gunder’s inspections indicated a cracked block and bent steering column, among other problems, Dick said in an interview. Eventually the car was declared totaled. “I had been through hell for months,” Dick said.” “Gunder’s attorney on the case, Brent Geohagan of Lakeland, said the court may need to rent a hall for all the attorneys involved.”

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18 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

When provided the opportunity to speak and ask quotations, few came from the defending attorneys. John Eaves Jr. mentioned to the courts that since the litigation, some repairers have experienced various levels of abuse from some insurers as and asked of the court to consider rendering a ruling to prohibit steering and retaliatory efforts against those repairers who are named as plaintiffs in the litigation and to enjoin them from efforts to harm them by making disparaging comments about them and to steer consumers away from them. The judge stated in so many words that he would not render an order at that time as he anticipated the insurers would not make it necessary to do so... but he would consider it if indeed their behavior warranted it. This was pivotal as it placed the concern in the judge’s minds as well as became part of the record. Repairers will be documenting any such instances and share them with their legal counsel. The five attorneys representing the repairers were Mississippi attorneys John Eaves Sr., John Eaves Jr., Allison Fry, Hal Wilkins and Florida’s own Brent Geohagan, who, as most

know, has represented Ray Gunder in his ongoing legal quests. Because this was a pretrial hearing, the judges were cordial yet to the point regarding their conveying the court’s expectations for the attorneys. The judges made it clear to all that frivolous filings and unnecessary delays and such would not be tolerated, and due to the sheer volume of the issues and evidence that was to be presented, that the court would be quick to discourage and stop such behavior. Based upon the limited questions posed by the insurer attorneys, the judge’s message had been received clearly and duly noted. Upon conclusion, as the court rose to its feet and the judges left the bench, while it was quiet and subdued, there was a sense of relief along with excited expectations by the repairers who were there. They knew that this was the beginning of long overdue changes in the automotive collision repair and casualty insurance industries normal behavior and practices. It wasn’t a day of reckoning… but I firmly believe it is the first day of its beginning!


www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 19


100 Fireman Fought NY Fire

More than 100 firefighters from a halfdozen departments knocked down a fire at a car wash and detail shop early Sept. 7 as flames threatened to spread to nearby businesses, according to Alex Taylor at lohud.com. Elmsford Chief David Signor said crews arrived to find “heavy smoke and flames” that appeared to be coming from Exclusive Auto Spa at 14 Haven St. around 12:15 a.m. Firefighters punched holes in the metal gates of two loading bays to reach the fire in a rear section of the building. The two-story cinder-block building, which also houses an auto repair and sanitation company, sits in a low-rise neighborhood of mechanics, scrap yards and trucking companies one block from Interstate 287. “You have to be careful in a situation like this involving multiple businesses in one building,” Signor said. “In this case, there was a lot of flammable materials around, like acetylene torches. That can make things difficult.” The fire was knocked down within 45 minutes, although firefighters remained for nearly three hours. There were no injuries. Signor said the cause of the fire remains under investigation. Crews from Ardsley, Dobbs Ferry, Fairview, Hartsdale, Irvington and Valhalla also responded.

Boston Worse Than Washington in Risky Driver Ranking

Drivers in Boston and Worcester, MA, are the most accident-prone in the US, landing at the bottom of an annual ranking of the nation’s 200 biggest urban areas by Allstate Corp, as reported by Dan Reichl at Bloomberg News. The company's annual report, titled “Allstate America's Best Drivers Report,” is based on client collision damage data in 2011 and 2012. Worcester’s drivers have a collision every 4.3 years on average, while motorists in Boston go 4.4 years between crashes, the Northbrook, Illinois-based insurer said on August 26 in a report. Washington, DC, which had finished last in six straight Allstate reports, was third-worst with drivers there having a wreck every 5.1 years. Allstate analyzes its claim data to come up with the annual rankings to emphasize safe-driving habits. The report included data from January 2011 to December 2012. The largest publicly traded U.S. auto and home

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insurer said city drivers contend with safety issues related to population density. “Pedestrians, emergency vehicles, delivery trucks, parking cars, taxi cabs and public-transportation vehicles such as city buses” are among the potential obstacles facing drivers in urban locations, Allstate said in a statement. Fort Collins, CO, led the ranking for safety a fourth time and has placed in the top 10 every year, Allstate said. Its motorists average 14.2 years between collisions, a rate that makes them 29.6 percent less likely to crash than the national average. Massachusetts cities hadn’t been included in Allstate’s report in recent years because the insurer didn’t sell policies there. The company, which sells about 10 percent (ALL:US) of U.S. auto policies, began offering the coverage again in Massachusetts in 2009, after exiting the state’s market in 1989. Allstate has conducted the studies for 10 years.

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NJ Firefighter Accused of Arson

Riverside, New Jersey police arrested and charged a Riverside Fire Company member with 2nd degree arson. According to authorities, Robert Campolongo, 43, of Delanco, was arrested Aug. 27 after police say he was driving with a suspended driver’s license. Campolongo is accused of a fire that happened Aug. 17 at the abandoned Mortlands Auto Body building on North Pavilion Avenue. Investigators say they have surveillance footage from the area and statements from witnesses. He is being held at the Burlington County Jail on $100,000 bail. Police continue to investigate. If you have any information, contact Lt. Fisher at Riverside Police Department at 856-461-8820.

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D.C. Man Gets 12 Years for Hammer Attack on Co-Worker

A DC man was sentenced to 12 years in prison for attacking a co-worker with a sledgehammer. Abdul Ewumi, 39, was convicted of assault with intent to kill while armed, and sentenced August 29 in D.C. Superior Court. According to government evidence, Ewumi and the victim worked in an unspecified auto body shop. Prosecutors say on April 1, 2013, Ewumi and the victim argued over a customer’s complaint resulting in Ewumi hitting the victim several times in the head with the sledgehammer.

AutoZone Offered Double Rebates for ASA Members in August

Longtime benefit provider AutoZone has announced it is offering Automotive Service Association (ASA) members an unprecedented rebate offer for purchases made in August. ASA members who double their AutoZone purchases this month – based on net purchases from June 1-30, 2014—will receive double rebates for August 2014. “This is an end-of-year ‘Thank you!’ to our loyal customers,” said Lisa Kellett, AutoZone business development manager. “Members who double their June ‘buy’ will get twice their standard

eligible rebate amount based on their purchases from August 1-30, 2014.” Dan Risley, ASA president and executive director, said, “AutoZone, which offers national account pricing with volume rebate programs for ASA members, and recently introduced a compelling battery charging program, was named ASA’s Benefit Provider of the Year during NACE|CARS 2014 in Detroit last week. They have a long history of supporting ASA and our members, and this special rebate offer is a great example of why they were the per-

fect choice for this year’s honor.” For more information about these ASA member benefits, call your local AutoZone store or the AutoZone Sales Center at (866) 727-5317, or email SC53@autozone.com. View ASA’s entire benefits portfolio in the ASA Marketplace at ASA.bizunite.com or www.ASAshop.org or call (800) 272-7467, ext. 361.

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Over $500,000 in Support to Makeover School Grant Applications Announced During SEMA

Collision industry members are invited to join the Collision Repair Education Foundation during their industry reception the evening of Tuesday, November 4 from 8:30 p.m.-10 p.m. (Local Time) in Ballroom B at the Westgate Las Vegas Resort & Casino (formerly the Las Vegas Hotel) during SEMA 2014. During the reception, attendees will hear about the organization’s efforts to support high school and post-secondary collision students, 2014 donors/supporters will be highlighted, and over $500,000 in support will be announced for the 2014 Ultimate Collision Education Makeover school grant applicants. Industry members will also have an opportunity to meet

attending collision school instructors and students. Collision Repair Education Foundation Director of Development Brandon Eckenrode noted, “Over 100 collision school programs from over 30 states applied to have their $50,000 wish lists fulfilled in 2014 and through the industry’s continued generosity, we will be able to announce over $500,000 in support to the Makeover applicant schools during our annual SEMA reception. We would like to invite all industry professionals to join in recognizing those who are making this support possible and also introduce attendees to the instructors and students that will explain how much of a differ-

ence this support means to ensuring graduating students have a quality technical education.” The goal of the Ultimate Collision Education Makeover grant is to honor a school that has been doing an outstanding job in educating students in collision repair, but needs some financial assistance to improve their program’s teaching materials and equipment. With strained school budgets, the Education Foundation and industry supporters have the opportunity to bridge the program’s financial gap and to make a difference in the lives of the students studying collision repair. As part of the Makeover grant ap-

plication, schools provide an itemized wish list which can include any tools, supplies, and equipment that are needed by the collision program. Additional details of the event will be made available as the date approaches; however, industry members are asked to RSVP for the reception by emailing attendee information to: info@ed-foundation.org. Questions regarding the reception and/or the Education Foundation’s efforts to support the future of the collision industry can be directed to Director of Development, Brandon Eckenrode at Brandon.Eckenrode@ed-foundation.org or 847.463.5244.

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SUV Goes Airborne into Kearns, UT, Living Room, No One Injured Richard Jensen was already in bed for the evening Monday when he was awakened by a series of odd noises. “First thing I heard, or I think I heard because I was asleep, was a racing engine. And then I heard a thud. And then I heard an explosion,” he said. And then Jensen, 66, discovered that a sport utility vehicle had crashed through the wall and was sitting in his living room — with the driver still inside. “She was screaming and worried she hurt somebody. And I’m like, ‘Little late for that.’ And I was concerned she was hurt so I called 911,” Jensen said. “And then she said, ‘Well, I lost control.’ Well, obvious, right?” Jensen’s home suffered heavy damage after the allegedly drunken woman went airborne and ended up inside the house in a spectacular crash. “The vehicle was completely inside the house when it came to rest,” said Unified Police Lt. Justin Hoyal. “This vehicle ended up not only in the living room but the kitchen area as well.” Neither the Herriman woman who was driving nor Jensen were injured. The crash was reported at 11:17 p.m. at Jensen’s house, 4178 W. 5820

South. Hoyal said a woman driving a Ford Explorer missed a turn, hit the homeowner’s yard which was on an incline, and went airborne through the front of the house, clearing the foundation. “So she went flying,” Jensen said. “She didn’t hit my foundation, which is approximately 3 feet high. It actually landed on the floor in my house. And the whole truck was in my house as if she parked it.” Alcohol and speed were believed to be factors in the crash, Hoyal said. Brittany Carpenter, 28, told investigators “she should not have been drinking and driving,” according to a Salt Lake County Jail report. She was given a Breathalyzer test and police said her blood-alcohol level registered at 0.22, or nearly three times the legal limit. Carpenter, who has no prior criminal history in Utah according to state court records, was booked into jail for investigation of DUI and negligent collision. She was released a short time later and took a cab to her grandmother’s house to sleep, her mother said. When Leslie Carpenter talked to her daughter after she was arrested and before her daughter had seen any news

NABC Members Collaborate at Fundraising Event for Collision Repair Education Foundation

Members of the National Auto Body Council (NABC) joined forces with industry colleagues to promote the professionalism and integrity of the collision industry to the next generation of experts and leaders at the “Cars, Careers & Celebrities Expo.” The event occurred August 16, in Arlington, Texas, and was one of the largest fundraisers for the Collision Repair Education Foundation (CREF). A highlight of the day-long event was the presentation of NABC’s signature Recycled Rides™ program by the Van Tuyl Group which refurbished vehicles provided by Enterprise RentA-Car, Hertz and Allstate. The Recycled Rides vehicles will be donated to three deserving families in the DallasFt. Worth area. “Recycled Rides epitomizes the spirit of collaboration as repairers, insurers, rental car companies, parts suppliers, manufacturers and others in our industry work together to give back to local communities,” said Rick Tuuri, Chair of NABC’s Recycled Rides program, and a board member of both NABC and CREF. “Showcasing Recycled Rides to our next generation of industry professionals

exemplifies the standards and values that are prevalent in our industry today.” Sponsors for the CREF fundraising event practically mirror the Diamond membership roster of the NABC, further testament to the commitment by today’s industry leaders to collaborate and join forces. NABC members supporting the event included: 3M, 800 Radiator, AudaExplore/Hollander, ABRA Auto Body & Glass, Axalta Coating Systems, Caliber Collision, Dent Zone/PDR Links, Enterprise Rent-ACar, Gerber Collision & Glass, Hertz, PPG Automotive Refinish, Service King Collision Repair Centers and Van Tuyl Group. “The efforts of the Collision Repair Education Foundation are critical to the future of our industry. We look forward to more opportunities such as this upcoming event to participate and partner with our colleagues at CREF to reinforce our mission to promote professionalism and integrity in our industry,” said Nick Notte, NABC Board President. For updated information about “Cars, Careers and Celebrities,” visit www.CollisionEducationFoundation.org/Dallas-Event.

22 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

coverage, she said she didn’t think her daughter fully understood yet what had happened. “She thought she just hit a garage. I don’t even think she knows the severity of it all,” Leslie Carpenter said. “When she first talked to me she said, ‘I hit a garage.’ Garage? You went into a home dear.” Carpenter said the behavior her daughter allegedly exhibited Monday night “is not her at all.” “For her to get behind the wheel after any kind of alcohol beverage is beyond her,” she said. “I was just a little shocked because my daughter is very responsible normally. So it was pretty scary. I’m just glad no one was hurt.” Carpenter said her daughter got into an argument with someone earlier in the evening and then went to her sister’s house. She also said her daughter has “had a lot on her mind” lately, and the argument that night likely added to it. Carpenter said her daughter was likely trying to drive to her home after, but was “more intoxicated than she thought.” Jensen, who has lived in the same house for 40 years and has survived two major health scares of his own, said he actually felt bad for the woman.

“These things just don’t bother me like they used to. I look at the bigger picture. I’m alive. And it doesn’t do me any good for me to be mad at her. She’s going to have to live with what she did, and fortunately she didn’t kill anybody,” he said. But Jensen said he hopes her story will serve as an example to others of why not to drink and drive. “When you overdrink, this is what happens. She could have been killed herself, or I could have been killed. (The) structure will be repaired, and I’ll get over the stress of remembering it. But she has to live with it the rest of her life,” he said. “I actually feel bad for her because she didn’t have to be there.” In addition to the damage caused to his house, Jensen said the crash also damaged an antique chair built in the late 1800s that his grandfather used.

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David Luehr is the owner of Elite Body Shop Solutions, LLC, a collision business consulting firm based in Nashville, Tennessee. He is a 30 year veteran of the collision repair industry. David is an expert in Body Shop Operations and specializes in Lean, and Theory of Constraints methods. Email him at dluehr@msn.com

Lean Operations

Better Blueprinting, Part 2: How to Set Up a Blueprinting Area with David Luehr

In last month’s Better Blueprinting Part One, we discussed reasons that shops have failed at Blueprinting. This month we will focus on performing Blueprinting, and how it can greatly benefit your collision repair shop.

Blueprint Admin Staffing Over the years I tried numerous variations and combinations of people to staff a Blueprinting program. All of them worked better than no Blueprinting program, but some combinations definitely worked better than others. Much of what influences your Blueprint staff is simply the size and volume of your shop. Many clients run smaller shops where people wear many hats. In a small shop it is not uncommon for the manager to also be the estimator, the parts guys and the Blueprint guy. It is pretty easy to determine how to staff a really small shop, but what about a shop that is a little bigger? I recently worked with a

client that had two estimators, one of them liked being in the shop and the second one was better at dealing with customers. So we moved one of them into the shop to be the Blueprint Analyst, and the other efficiently handled the entire volume of customers as the Customer Service Manager. You may need to experiment with different staffing combinations to make it work for your unique needs.

Blueprint Technician Staffing The best Blueprint team I put together had an older and very knowledgeable technician working alongside an apprentice disassembly technician. This was a high volume shop and the team worked in a dedicated Blueprint workspace with a Blueprint analyst who never left his station. Many advanced shops have taken advantage of the benefits that creating a team system brings. It is still possible to use a dedicated Blueprint area with individual flat rate

techs who are not paid as a team, but there is a lot of movement of tools and people. Some shops using rolling computer carts are finding some success performing the Blueprinting in the technician’s stalls. It works, but I still prefer a dedicated area. Again, there are many ways to create a Blueprint staff and each shop is going to be a little different than the next based on skill level, shop size, personalities, etc.

Space Don’t fall in the trap of believing that your shop may be too small to be successful with Blueprinting. I have analyzed damage in space from 2,000 sq. ft. to over 60,000 sq. ft. and the practical application is still the same.

1. Disassemble and analyze the damage. 2. Move the car until enough parts arrive to continuously work on it. (Notice I said continuously.)

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● Laptop or dedicated computer in the Blueprint area ● If possible, keep the area accessible for tow trucks ● Keep fasteners and fluids in the Blueprint area

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6. Small mirror 7. Flash light/drop light 8. Mobile Estimating system 9. Creeper 10. Collision estimating system 11. Access to OEM parts schematics 12. Colored markers 13. Heavy Gloves 14. Safety Glasses

Recommended Tools In addition to the usual hand tools, the following items are needed to complete the inspection procedure: 1. Parts cart 2. Clipboard 3. Tape measure 4. Tram gauge 5. Tread depth gauge

Better Blueprinting Techniques Step 1. Vehicle Check-in Even though the process of performing a “check-in” with the customer during vehicle drop-off may not be considered a part of the Blueprint process, the information obtained is absolutely vital to the Blueprint. With the customer present, this process involves walking around the vehicle and

communicating and documenting the following. It is a great way of communicating the customer’s concerns indirectly to the Blueprint Analyst to ensure things don’t get missed! ● What damage is a result of the accident? ● Unrelated prior damage? ● Upsell opportunities? ● MILs such as check engine warning lamps on dash – prior or related? ● Anything unusual about the vehicle’s performance mechanically? ● Touch-up paint and other “freebie” promises

Step 2. Identify Mechanical Issues Identifying mechanical issues prior to disassembling and disabling a damaged vehicle is always preferable. (But not always possible.) Everyone can relate to the delays that are caused when these problems are discovered on the day the car was supposedly going to be ready! In a collision, mechanical issues could involve many things; however the most common are suspension, air conditioning /cooling system, wiring and supplemental restraint systems. I recommend that first you address these items by: ● Review the customer concerns on the check-in sheet ● Test driving ● Performing suspension alignment prior to disassembly (if possible) ● Using a scan tool to help diagnose trouble codes (check engine lights, etc.) ● Always ask the customer how many passengers were in the car, especially if restraint systems were deployed. Check those seatbelts! ● Check interior electronics, heat/air, etc. ● Check fluid levels Step 3. Communication between Estimator and Technician How many times have you seen a techSee Better Blueprinting, Page 26

www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 25


Continued from Page 25

Better Blueprinting

nician take the front bumper off a car that was in the shop to get the rear bumper fixed? This is not a complicated step, but one that is often skipped with costly results. Shops need to include this step as a standard procedure and hold people accountable because the technician must be properly informed prior to touching a single wrench to the vehicle! Make it part of your program to have the estimator or Blueprint Analyst go over the checkin sheet with the technician and also review the estimate if one had been previously prepared. Use the next step (visual mapping) to help with this communication as it will clearly indicate what parts need to be removed in order to properly analyze the damage.

Step 4. Visual Mapping A great form of communication between the Blueprint Analyst and the disassembly tech is the use of a colored water marker to write on the vehicle or “visual mapping.” It can sometimes be difficult to pull the technician aside for an extended period of time to discuss

the details of a particular vehicle’s disassembly requirements. This technique can help by writing the instructions on the car in advance. This technique can also be used by the customer service rep who is identifying damage during vehicle check-in and is particularly handy when there are multiple dents or scratches on a single panel, some which are supposed to be repaired, and some that are not. When doing visual mapping, you can use any color you wish; however, I prefer to use traffic light colors: red, yellow and green.

● Red = Don’t fix ● Yellow = Caution, Don’t know if fixing yet? ● Green = Fix it! You can come up with your own system of words, abbreviations, or symbols to mark the vehicle, but here are a couple of the most common ones.

26 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

● X = Replace ● R = Repair ● RI = Remove and Install

Step 5. Meticulous Disassembly in Sequence (if Possible) In this step, it is time to start disassembling the damaged vehicle. If you have a dedicated Blueprint Analyst who will be keying-in the estimate as the technician removes the parts, it will be much easier to remove the parts in approximately the same group sequence as your estimating system parts groups i.e. bumper, grille, lamps, etc. This method is not always possible, but you will find that removing damaged parts and entering damage into the estimating system with both people following the same group sequence (Step 10) will make your life easier. You have probably heard the

terms “meticulous disassembly” or “100% Teardown.” This refers to the practice of taking off EVERY damaged component that is bolted or otherwise fastened to the vehicle. This practice should not only include damaged parts but also parts being re-

moved for blend panels or that need to be removed for access. Damaged assemblies such as bumpers should not only be removed as an assembly, but See Better Blueprinting, Page 46


www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 27


Historical Snapshot

—John Yoswick is a freelance writer based in Portland, Oregon, who has a body shop in the family and has been writing about the automotive industry since 1988. He is the editor of the weekly CRASH Network (for a free 4-week trial subscription, visit www.CrashNetwork.com). Contact him by email at jyoswick@SpiritOne.com.

October Retrospective—ADP, Non-OEM Parts, AAIA Study with John Yoswick

20 Years Ago In The Collision Repair Industry (October 1994) Responding to complaints from the collision repair industry, ADP will be pulling the plug on a program that allowed dealers to promote discount retail parts prices using ADP’s “Parts Exchange New” system. “As a result of the issues that responsible parties of the industry brought to our attention, we will be taking discounted OEs off the ‘Parts Exchange New’,” ADP’s Rick Tuuri announced at the Collision Industry Conference (CIC) held in Nashville, TN. “They will be off the system by January 1, 1995. I want to emphasize that this is no reflection on the way the discounted OEs themselves are doing business.” Although the parts prices listed in the ADP database are the manufacturers’ suggested retail prices, the “Parts Exchange New” system allowed the names of dealers discount-

ing these retail prices to be listed on an estimate. More than 30 dealers were discounting retail prices through the system.

what insurers will pay, the shop was still being charged the same wholesale price. “The dealers are not giving a discount, they’re not giving anything up,” California shop owner Darrell Malott said. “They’re selling at wholesale anyway. All they’re doing is putting a different retail price down there. They can mess with that list price all they want because it doesn’t change what they sell it for. The system encourages them to play that game and at no cost to themselves. They’re giving California shop owner Darrell Malott was among those away our margin for their adcritical in 1994 of an ADP tool that allowed dealers to vertising so that they can be promote discounted retail parts pricing through the ADP estimating system. ADP eliminated the system in selected by a third-party to response to industry criticism. make us buy from a particuShop owners at a previous CIC lar OE vendor, and they didn’t have meeting had pointed out that while to give up a thing.” the discounted retail prices affected ►As reported in Autobody

28 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

News. ADP’s Claims Services Group (including its estimating system) was acquired by Audatex (now AudaExplore) in 2006. Tuuri (who left Audatex in 2004 and spent four years with I-CAR) became AudaExplore’s vice president of industry relations in 2007. Malott died in 1999.

15 Years Ago In The Collision Repair Industry (October 1999) After losing a $456 million class action jury verdict and being assessed an additional $730 million by the trial judge, State Farm has stopped writing for non-OEM crash parts on its estimates. The class action trial concluded early in October in Marion, IL, with the 4-man, 8-women jury finding against State Farm. A week later, trial judge John Speroni assessed the insurer a financial penalty, including $600 million in punitive damages. The total judgment against State


Farm came to $1.1 billion. The insurer plans to appeal. In response to the verdict, State Farm stopped promoting non-OEM crash parts. A State Farm memo to its employees dated October 6 said, “Effective immediately, State Farm will temporarily suspend quoting nonOEM crash parts on repair estimates. This decision applies countrywide and in Canada, until further notice.” ►As reported in Hammer & Dolly. Other insurers also halted use of non-OEM parts temporarily, but most returned to the practice of calling for their use. State Farm has not, at least in the case of 25 parts types, including hoods, fenders, doors and decklids. The insurer did, however, appeal the ruling all the way to the Illinois Supreme Court; in 2005, that court overturned the lower court’s judgment against the insurer. The case remains in the news, however, because of a pending lawsuit over whether one of the judges on the Illinois Supreme Court at the time it overturned the verdict should have recused himself from the case because of election campaign donations the lawsuit alleges he received from State Farm.

10 Years Ago In The Collision Repair Industry (October 2004) The Automotive Aftermarket Industry Association’s recently released study, “Collision Repair Trends,” examines a number of the trends that continue to reshape the collision repair industry in the United States. “Total collision repair-related sales by aftermarket repair shops increased 5 percent in 2003 to $34 billion,” the report states, noting that this was driven by an increase in the number of miles driven and the increasing cost of collision repair per vehicle. The study forecasts that sales will increase 5.4 percent in 2004 and an additional 5.1 percent in 2005. AAIA found that there were roughly 43,360 shops that specialize in collision repair—34,700 independents and 8,600 dealership affiliated body shops. That’s a decline of about 2,000 shops since 1999. ►The AAIA earlier this year rebranded itself as the “Auto Care Association.” The total collision repair market is now estimated at about $33.7 billion—about the same amount as a decade earlier—but if total industry revenue had grown just

by the rate of inflation over the decade, today’s collision repair market would need to be about $44 billion to be equivalent. The current total number of shops is estimated at about 40,100—about 3,200 fewer than a decade ago, a decline of 7.4 percent. Dealership shops account for much of that decline, dropping to about 6,350 (down by more than 2,200) while there are about 900 fewer independent shops.

5 Years Ago In The Collision Repair Industry (October 2009) Last month’s press conference by Connecticut Attorney General Richard Blumenthal in which he condemned steering by insurers prompted a Hartford Business Journal columnist to write that, “It’s probably not the state’s business whether you, your insurer, or your Momma chooses the body shop that fixes your car.” If someone trusts an insurer enough to do business with them, freelance writer Laurence Cohen said, why wouldn’t they trust them to suggest a particular body shop even if other shops “are unhappy about not being included in the big hug from

the insurers” and say that the preferred shops “often attach new equipment with used chewing gum.” In a letter to the editor of the paper, Bill Denya, owner of Denya’s Auto Body in Meridan, CT, and a board member of the Auto Body Association of Connecticut, said what customers “don’t know about those secret deals is that the insurance companies typically put huge pressure on these preferred body shops to reduce costs—and increase insurance company profits.” Denya said Cohen may have been joking about “chewing gum” being used in repairs, but that the association has “documented countless instances of these shops doing significantly substandard repairs.” “If you needed heart surgery, would you allow your insurance company to select the least expensive surgeon for the job or would you want the best surgeon possible?” Denya wrote. ►As reported in CRASH Network (www.CrashNetwork.com), October 12, 2009.

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www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 29


ABRA Acquired by Hellman & Friedman and Senior Management Team Expected since June, ABRA is the latest privately-held MSO to secure new investors. ABRA Auto Body & Glass and its principal owner, Palladium Equity Partners, LLC, announced a definitive agreement for ABRA to be acquired by affiliates of Hellman & Friedman, LLC., along with ABRA’s senior management team. A deal for Palladium to exit its stake had been expected since June. ABRA’s network includes 186 company-owned vehicle damage repair centers and 48 franchised centers in 19 states. “It is with the dedicated work of our employees, the trust of our customers, and the tremendous support of our insurance partners that ABRA has become an iconic name in auto body and glass repair in the three decades since its founding,” said Duane Rouse, president and chief executive officer of ABRA. “Hellman & Friedman brings deep insurance and automotive service industry expertise and an exemplary record of helping companies such as ABRA continue to evolve and grow. We look forward to working together to build on our track record of success.” “Within the $30-billion collision repair sector ABRA stands out as a

highly-respected, exceptionally wellrun business,” said Erik Ragatz, managing director of Hellman & Friedman. “Built on a foundation of delivering superior standards for repair quality and customer service, ABRA has become a trusted partner of leading automotive insurers and a reliable source for quality collision repair services across the nation. We see outstanding growth prospects ahead and look forward to partnering with ABRA’s team to continue to execute on their strategic plan.” Luis Zaldivar, Managing Director of Palladium, said, “We are proud to have been part of ABRA’s successful growth over the past three years. During our partnership, we worked closely with ABRA’s exceptional management team to enter new markets, accelerate the company’s acquisition program and enhance the company’s industry-leading capabilities. We are confident Hellman & Friedman will be an ideal partner in the next stage of the company’s development.” The transaction is expected to close in the third quarter of 2014 and is subject to customary conditions. Hellman & Friedman has previous experience investing in businesses

South Carolina Reports Rise in Insurance Fraud Complaints

Insurance fraud complaints in South Carolina have reached an all-time high with more than 1,200 pouring in last year, according to a report released by Attorney General Alan Wilson. The annual report from his office’s Insurance Fraud Division noted attorneys prosecuted cases that resulted in 37 convictions and in more than $700,000 being returned to the victims of insurance fraud. The report cites several notorious cases. In one Darlington County case, three defendants sought payment from a health insurance company claiming they each had all four limbs amputated. None of the defendants had lost their limbs and one was convicted and sent to prison for 18 months. Restitution of more than $60,000 was made to the insurance company. In another case from the same county, a woman using a stolen credit card got an insurance policy worth $100,000 on home she did not own or live in and conspired with a man to burn it down. The scheme was discovered before the house could be torched, the woman pleaded guilty and was sentenced to five years in prison.

“Insurance fraud continues to drain our system and raise premiums for our citizens. We must send the message that it is not tolerated in South Carolina,” Wilson wrote in the report. Almost three quarters of the complaints received last year involved automobile insurance fraud. Fraud involving property was next accounting for about 17 percent of the complaints. The report noted that the most complaints about insurance fraud came from Richland County with 159, following by Greenville County with 86 and Charleston County with 77. Since 1995, the first year the Insurance Fraud Division was operating, almost 14,000 insurance fraud complaints involving almost $110 million have been received by the state Attorney General’s office. During the period there have been almost 1,400 criminal convictions while restitution was made in almost 800 cases through civil courts.

within the greater collision industry. In the early 2000s, it owned Mitchell International. In February 2007, Mitchell was sold to a group led by Aurora Capital Group and including General Electric Pension Trust. The deal for ABRA is the just the latest transaction for the big three privately-held MSOs. In July, Service King was acquired by funds controlled by Blackstone. In November, OMERS Private Equity (OPE) announced that it, along with existing management, had acquired Caliber Collision Centers from private equity firm ONCAP. Harris Williams & Co. acted as advisor to ABRA in connection with the transaction. Greenberg Traurig LLP and Simpson Thacher & Bartlett LLP served as legal advisors to ABRA and Hellman & Friedman, respectively.

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The Automotive Recyclers Association (ARA) is pleased to announce that ACD has joined the Association and is the most recent associate member of ARA. Servicing over 225 insurance companies, ACD presents insurance providers award winning technology, top-quality auto damage appraisals, subrogation auditing and a team of highly skilled claims professionals.. ACD delivers key information, decision support, auditing, consulting and serves to connect the links of the entire claims value chain. “We are pleased that ACD has joined the ARA,” said CEO Michael E. Wilson. “For years, professional automotive recyclers have utilized successful associate partnerships to increase sales of recycled OEM automotive parts in today’s ever expanding automotive parts marketplace. “We look forward to working closer with ACD and other industry partners on initiatives that unlock even more market opportunities for our 4,500 members to sell quality, recycled OEM parts to consumers around the world.”

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H OND A C ONN ECT I CUT

Lia Honda of Enfield E nf ield

800-221-3131 860-741-3401 Dept. Hours: M-F 7:30-5:30; Sat 8-4 jdoucette@liacars.com

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Criswell Honda Ger m an t ow n

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32 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com


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Napa Body Shops Jolted After 6.0 Quake by Ed Attanasio

In most parts of the country, snow, tornadoes, floods and other severe weather can lead to an unexpected windfall for body shops. But most of California isn’t usually affected by dramatic seasonal weather. However, when an earthquake hits, like the one that shook Napa, CA, on August 24 at 3:20 a.m. and measuring at a 6.0 on the Richter scale, everyone, including body shops, are impacted. The quake’s epicenter was located approximately 3.7 miles northwest of American Canyon near the West Napa Fault beneath the Napa Valley Marina, just west of the Napa County Airport. The earthquake was the largest to hit the San Francisco Bay Area since the 1989 Loma Prieta earthquake 25 years earlier. Significant damage and several fires were reported in the southern Napa Valley area, and there was also damage in the nearby city of Vallejo, in Solano County. Napa, of course, is best known for its wine industry, and certainly wineries were damaged. So were distributors and retailers whose inven-

Most cars damaged by the Napa Earthquake needed just cosmetic work, but obviously some vehicle required much more. (Photo courtesy of Michael Smith)

tory was subject to breakage. Bistro Don Giovanni in Napa lost about a third of its wine and liquor inventory, worth $20,000 to $30,000, said Curtis Bradford, the restaurant’s manager. The quake could lead to economic losses of as much as $4 billion from wrecked wine stock and shuttered businesses that rely on

34 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

tourists, according to an estimate from Kinetic Analysis Corp. Brent Blackwood, the owner of Blackhawk Body Shop in Napa was obviously concerned about his shop when the earthquake hit, but once he realized that the damage was minimal, his focused shifted to repairing cars. “There was a little sheet rock damage and quite a bit of broken glass here at the shop. A few tool carts and a jack fell over, but other than that we were fine. It was just enough to make a big mess, that’s all.” Since the earthquake, Blackhawk Body Shop has been inundated with customers and business is up at least 40%, Blackwood explained. “On a normal day, we do 4–6 estimates, but since the earthquake, we’re doing 15 or more every day. It’s mostly PDR (Paintless Dent Removal) work, but in some cases if the paint was affected, we need to do more than just PDR. We knew that we would get a spike in business, so we came in the day after the shaker and made sure we’d be prepared. We have a PDR guy that we work with regularly and he’s normally here once a week, but now he’s been

down here almost every day.” A second-generation body shop owner, Blackwood and his father have seen a few earthquakes over the years, including the 1989 Loma Prieta quake, but this one hit closer to home. “[Loma Prieta] impacted us, of course, and some people here in Napa lost their homes,” Blackwood said. “We’ve been here since 1957 when my dad opened this shop, so we have second and thirdgeneration customers. We’ve developed relationships with them over the years, so seeing their cars coming in and asking them about their homes was different. In this industry, we make money when people get into accidents, but when things like earthquakes happen, everyone is affected and anyone’s property can be damaged.” Mike’s Auto Body in Napa experienced some toppled shelves and flipped chairs, but overall the shop came through without damage, according to the shop’s Manager Brad Woodland. “We were extremely lucky,” he said. “The city green-tagged our building, which means we’re clear for business as usual. I live here in Napa and we know people whose


earthquake has been good for us from a business standpoint, but in the end we’re more focusing on helping people in need after a disaster like this.” Randy Lichau, a Napa native and the owner of Lito Auto Body near downtown was shocked by the magnitude of the quake. “Our refrigerator danced across the room and it’s a very large unit, so I was impressed by that,” Lichau said. “We lost a lot of good buildings and several parts of the town took it hard, but we never shut down and we have been working hard to fix all the cars that have been coming Some older buildings in Downtown Napa didn’t fare well here.” during the 6.0 temblor. (Photo courtesy of Michael Smith) Lichau has been fast homes have been red-tagged or yellow- tracking his production to meet the intagged and some that came down comcreased need and getting his cuspletely.” tomers back on the road as quickly as Business was already brisk even he and his crew possibly can. “We’re before the quake hit, so now Wood- coming in early and working on Satland’s workload is over the top, he urdays, because we were actually busy explained. “The repairs are all earth- even before the quake,” he said. quake-related, involving dented “We’re doing all of the glass-related roofs, hoods, fenders and trunks. The repairs first, replacing windshields,

headlights, side mirrors and things that make the cars unsafe to drive. We’ve definitely seen a spike in business, but as someone who was born here and grew up here, a tragedy like this is never a good thing. We’re happy to be helping people by fixing their cars and allowing them to return to their normal lives.” Insurers will probably cover about $2.1 billion in damage, according to research firm Kinetic Analysis. Costs borne by the insurance industry may be limited because many homeowners don’t have earthquake coverage, according to the Insurance Information Institute. The costliest earthquakes in the U.S. have occurred in the state. But just 10% to 11% of California homes with homeowners insurance have earthquake coverage, which must be obtained on top of the standard homeowners policy, according to the California Earthquake Authority, a state-managed earthquake insurer. California residents seeking a CEA policy can contact an insurance agent for a premium quote, or go to CaliforniaRocks.com for an estimate. “I’m sure more people are going to buy earthquake insurance now,”

Amy Bach, executive director of San Francisco-based consumer advocacy group United Policyholders. Ms. Bach’s main buying tip is: “Don’t forgo buying it because you think the high deductible is a rip-off. No earthquake insurance means you’re carrying a 100% deductible!”

Celette Has Fixtures for M-B B Class Electric Drive

Mercedes-Benz launched its first electric vehicle in 1906. Over a century later, the company has returned with a vehicle that is 100 percent electrically powered. The new vehicles are built on the same assembly lines as models equipped with gas and diesel engines, and retain the same structural characteristics. The electric engine, developed by Tesla, is integrated in the engine block. The batteries are housed underneath the passenger cabin. For the underframe check, Celette says to use the existing MZ+ fixtures 7246.510 B Class W246 and the complementary set 7156.509 GLA X156. For side repair, use the existing overhead gantry 7246.810 B Class W246. For more information, please visit celette.com.

www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 35


O’Reilly Automotive Joins the CCC TRUE™ Parts Network

CCC Information Services announced that O’Reilly Automotive, Inc. has signed on to join the CCC TRUE™ Parts Network, an electronic automotive parts quoting and eProcurement network that connects auto parts suppliers with CCC’s expansive customer base of collision repairers. O’Reilly Automotive, Inc., one of the largest specialty retailers of automotive aftermarket parts, tools, supplies, equipment, and accessories in the U.S., is the first mechanical parts supplier to join the CCC TRUE Parts Network, adding its vast mechanical and aftermarket inventory to the options collision repairers can view and purchase from within CCC ONE® Repair Workflow. “Reducing the time it takes to review and order parts is vital to the continued improvement and growth of the collision industry,” said Tony Bartholomew, Sr. VP of Professional Sales, O’Reilly Auto Parts. “Collision repairers now have the opportunity to pull inventory from over 4200 O’Reilly stores and 25 distribution centers from within the CCC ONE Workflow application. O’Reilly Auto Parts has a commitment to provide quality aftermarket parts and excellent customer service to the collision repair industry and this platform provides us with another avenue through which we can continue meeting this goal.” “O’Reilly Automotive is a national leader in the automotive aftermarket parts industry and we’re very excited to have them join the CCC TRUE Parts Network,” said David Boden, VP, CCC’s Parts Services Group. “The addition of O’Reilly marks our foray into mechanical parts and serves as the perfect complement to the dozens of other national, regional and local market suppliers we have in the network today. Our goal with the CCC TRUE Parts Network is to offer the collision repair industry choice and convenience when it comes to parts procurement and today marks another important step in that vision.” Participation in the CCC TRUE Parts Network is open to all parts suppliers. Parts suppliers interested in becoming part of the CCC TRUE Parts Network should visit: http://www.ccc-true.com. Integrated auto parts quoting, procurement and invoicing are available now, free of charge, to CCC ONE Repair Workflow customers.

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Auto Parts Executive Pleads Guilty to Bid Rigging and Price Fixing G.S. Electech executive is the 36th person charged in the U.S. Department of Justice antitrust probe into parts manufacturers. Executive sentenced to serve 13 months in jail. An executive of Japanese auto parts maker G.S. Electech Inc. pleaded guilty and was sentenced July 31 to serve 13 months in a U.S. prison for his role in an international conspiracy to rig bids and fix prices on auto parts used on antilock brake systems installed in U.S. cars, the Department of Justice announced. Shingo Okuda, the former Engineering and Sales Division Manager for G.S. Electech, pleaded guilty in the U.S. District Court for the Eastern District of Kentucky in Covington, to a one count charge of bid rigging and price fixing. As part of his plea agreement, Okuda also agreed to cooperate with the department’s ongoing investigation and to pay a $20,000 criminal fine. On Sept. 11, 2013, a federal grand jury in Covington, Kentucky, returned an indictment against Okuda, charging him with conspiring to rig bids and fix prices of speed sensor wire assemblies, which are installed in automobiles with an antilock brake system (ABS), sold to Toyota Motor Corp. and Toyota Motor

Engineering and Manufacturing North America Inc., in the United States and elsewhere. According to the indictment, Okuda and his co-conspirators carried out the conspiracy by, among other things, agreeing during meetings and discussions to coordinate bids and fix prices of automotive parts submitted to Toyota. The indictment charged Okuda with participating in the conspiracy beginning at least as early as January 2003 until at least February 2010. “Today’s guilty plea is a victory for consumers, who deserve to know that the essential parts used in their automobiles are not subject to anticompetitive agreements,” said Brent Snyder, Deputy Assistant Attorney General for the Antitrust Division’s criminal enforcement program. “The Antitrust Division remains committed to holding executives accountable for behavior that undermines the competitive marketplace.” G.S. Electech manufactures, assembles and sells a variety of automotive electrical parts, including speed sensor wire assemblies. The speed sensor wire assemblies connect a sensor on each wheel to the ABS to instruct it when to engage. On May 16, 2012,

G.S. Electech pleaded guilty to the conspiracy and agreed to pay a $2.75 million criminal fine. Okuda is charged with price fixing in violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million criminal fine for individuals. The maximum fine for an individual may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine. Including Okuda, 36 individuals have been charged in the department’s ongoing investigation into price fixing and bid rigging in the auto parts industry. Okuda is the first individual in the investigation to plead guilty following an indictment. Additionally, 27 companies have pleaded guilty or agreed to plead guilty and have agreed to pay a total of nearly $2.3 billion in fines.

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Caliber Enters FL Market With Four New Stores

Caliber Collision Centers announced its expansion across the East Coast with the acquisition of three Universal Auto Body Centers in the Orlando, FL area along with Flagler Collision in Palm Coast. Caliber Collision’s new Florida locations opened for business Aug. 22 at 2024 Wellfleet Court in Orlando; 430 Kane Court in Oviedo; 17649 US Hwy 27 in Clermont; as well as 3 Market Place Court in Palm Coast. Caliber’s four new facilities are located throughout the greater Orlando market. “Today’s openings in Florida further enhance our ability to restore customers to the rhythm of their lives in the Eastern U.S., as we deliver on our commitment to expand customer convenience while providing industry-leading metrics in every market we serve,” said CEO Steve Grimshaw. “Our new Florida centers bring Caliber Collision’s total number of locations to 186 across the Caliber network as we continue to grow into the collision repair provider of choice in the nine states we now serve,” added Mark Sanders, President and COO.

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K & M Collision Sends Second Version of ‘Open Letter’ Video to NC Attorney General K & M Collision, a NC shop that is known for strong advocacy (see previous story this page and search autobodynews.com), posted a consumer-

ferral program or preferred list, we won’t warranty or guarantee the repair’. “This statement isn’t just misleading, It’s completely false. The insurance company does not, has not and will not warranty the repair even if your car is repaired at their direct repair facility. “Let’s say you do follow their recommendation, and take your car to one of their shops. If there are problems with that repair, the shop itMeredith Bradshaw narrates the second version of the self is liable, in exactly the open letter video. Previous videos are viewable online same way that K&M is liable oriented video on YouTube that it pro- for any of the repairs that we perform. duced in support of Louisiana Attor“The shop you choose, whether it ney General Buddy Caldwell’s action be an insurance preferred shop or an against State Farm. independent shop, is solely responsible “These kinds of unfair trade pracfor the warranty on the repairs to your tices aren’t just a problem in Louisiana,” vehicle. owner Meredith Bradshaw states in “So why do insurance companies the video. “They pose a threat to conmake this misleading statement to their sumers here in North Carolina and policyholders? It’s just another scare throughout the United States.” tactic. The text of a related video states “In reality, the insurance com“After an accident, one of the most pany itself doesn’t provide any guarcommon things you’ll hear from an antee. In fact, with the pressure they insurance company is ‘if you take place on their shops to turn out high your car to a shop that’s not on our re- volume, they create an environment

that’s more likely to result in bad repairs. “But they don’t have to worry about that. Because ultimately, the shop is responsible. “At K&M Collision we don’t participate in referral networks. Our only priority is to serve our customers by fixing their car the right way. You can rest assured that any repair that comes through our doors is guaranteed for life.” A previous version of the video was suspended from YouTube because of a copyright complaint from the Insurance Institute for Highway Safety (IIHS) due to its use of one of the organization’s crash test clips. K & M Vice President of Operations Michael Bradshaw alleges State Farm persuaded IIHS to file the complaint. “The basis of their complaint was that we used a few-second clip of a crash test to give our viewers a sense of the way a ‘crash management system’ works,” says Bradshaw. “We found this clip on YouTube, created by what we thought was an independent, nonprofit organization dedicated to consumer safety. We’re also certain that our brief, educational use of this clip constitutes ‘Fair Use.’ However,

we didn’t notice that this ‘independent, nonprofit organization’ was founded by State Farm.” Bradshaw says K & M has countered the copyright claim through YouTube and is awaiting word on the outcome. He says the video has gotten the attention of the North Carolina Attorney General’s office, and they have even taken an interest in the IIHS’s effort to remove K & M’s video from YouTube. “We will be documenting State Farm’s efforts to get our content removed from the Internet and will continue to fight back and notify the industry press about their actions,” Bradshaw says. “People should know that the IIHS, supposedly a nonprofit organization dedicated to highway safety, is nothing more than a puppet of State Farm, an organization responsible for putting unsafe cars on the road.” The new version of the video can be viewed directly at http://kandmcollision.com/open-letter/?utm _source=YouTube&utm_medium=Vi deo&utm_campaign=2ndVersionof AGLetter A link can also be viewed at: www.autobodynews.com.

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NY Shop Owner’s Forgotten Lottery Ticket is a Nearly-Lost $2.9 Million Winner by Victoria Antonelli, Online Editor

A missed step in Jerry Ritieni’s routine on July 19 almost cost him close to $3 million. When the Extreme Auto Body owner stopped at Cumberland Farms in Syosset, NY, to buy $10 in Quick Pic lottery tickets, he placed the winning numbers in his center console, instead of their usual spot—on his visor mirror. Ritieni found the tickets a month and a half later while searching for his Vermont house keys. After entering the numbers online at his shop, he became a millionaire in the blink of an eye. “I’m a joking kinda guy, so my son, friends and employees didn’t believe

think he’s serious, he hasn’t left the shop during business hours in 22 years, and

he’s been gone for almost an hour!’” Ritieni, 48, says he will continue to work. “The money is life-easing, not life-changing,” Ritieni explains. “I never had a retirement plan, which was always a concern of mine, so it’s nice to have that taken care of.” Ritieni’s 20-year-old daughter and 17-year-old son are his priorities, specifically their college tuition. He also bought the building next door to his shop for expansion purposes. “I drove into a Maserati dealership next door to the lottery office while my son was in the car, just to mess with him,” said Ritieni. Ritieni said he’s happy with the way the com-

munity responded to his win. “I live by my father’s words: Be honest, be fair, and do the right thing and you’ll be fine,” said Ritieni. “A lot of the locals said I won because of good karma and I believe that to be true.” Ritieni said he is not affiliated with any insurance companies or DRPs, and that the customer is the priority. “Everybody wants to make a living, but money is not my driving factor,” said Ritieni. “I don’t believe in taking advantage of people. At my shop, everybody gets what they paid for, and everybody gets treated the same.” After a cash buyout and tax deductions, Ritieni collected $1.3 million.

and many of their respective subsidiaries, for short pays and conspiracy to establish “an artificial market value for collision repairs.” Kevin Michael Bradshaw, VP of Operations at K and M Collision LLC, says, “I think the lawsuit will uncover and prove what many shops throughout the country have known for years, that the insurance companies are refusing to pay for proper repairs, and are using illegal methods to

suppress the market rate.” This is the latest in a series of actions taken by body shops throughout the country in an effort to push back against insurance company tactics that they believe to be unlawful. The Mississippi Collision Repair Association filed to block State Farm’s PartsTrader parts procurement mandate in the summer of 2013; a Tennessee body shop filed suit against Progressive for steering and shortpays in No-

vember of 2013, and Ray Gunder has filed suit to block State Farm’s PartsTrader in Florida. The RICO Class Action plaintiff, Crawford’s Auto Center, is a Pennsylvania-based automobile collision repair facility who alleges that the defendants conspired amongst themselves and/or others to “suppress compensation to repair facilities for automotive collision repairs covered by insurance.”

that I had won the lotto, until I sped out of the parking lot,” said the Massapequa local. “Kenny [an employee] said, ‘I

Extreme Auto Body owner Jerry Ritieni in front of his NY shop with the winning ticket (Photo courtesty of VICTORALCORN.COM)

NC Shop, K & M Collision, Joins RICO Case Against Seven Major Insurers by Lee Emmons

K and M Collision LLC of Hickory, NC, has been included as a plaintiff in a lawsuit filed under the Racketeer Influenced and Corrupt Organizations Act (RICO) against seven major insurance carriers and their affiliates. The suit, originally filed in an Illinois district court on April 30, accuses State Farm, Allstate, GEICO, Progressive, Farmers, Liberty Mutual, Nationwide,

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Six Holmes Body Shop Locations Acquired by Cooks Collision Centers, All but Original Shop in Pasadena Cooks Collision Centers, based in Rosedale, CA, has acquired six collision repair locations from Holmes Body Shop. Holmes will continue to own and operate the original Holmes Body Shop location in Pasadena, CA. The transaction is Cooks Collision’s

The original Holmes Body Shop location in Pasadena, CA, from which it grew into an MSO with seven collision repair centers throughout the Los Angeles area. This location will continue to be owned and operated by Tom Holmes

first MSO acquisition in the Southern California market. Terms of the agreement were not disclosed. The Holmes Body Shop locations solidifies Cooks’ position as the largest independently owned and operated collision repair organization in California, with 25 locations through-

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out the state. The Holmes collision re- sion Centers. “Cooks Collision is compair centers are located in Alhambra, mitted to providing our new Southern Canoga Park, Duarte, El Segundo, California customers the same high Riverside and Westlake Village, CA. quality collision repair, customer serv“We are very excited about Cooks ice and value that our Northern CaliCollision assuming ownership of our fornia customers have come to expect six locations,” said Tom Holmes, for the past 33 years.” owner and CEO of Holmes Body Shop. Chris Rose, vice president of “Since 1972, our team has focused on Southern California operations for delivering outstanding customer servCooks Collision, said the company ice and quality collision repairs to our plans to add several more collision recustomers. We made our final decision to join the Cooks team based on the honesty and integrity of the entire Wood family and Cooks employees that we met and dealt with. Our team is excited to join the Cooks Collision organization.” Cooks Collision said The seven locations of Holmes Body Shop are dispersed Holmes will continue to own over a wide area of greater Los Angeles and operate the Holmes Body Shop pair locations throughout the Southlocation in Pasadena, CA. ern California market in the future. “The acquisition of the six Symphony Advisors consulted Holmes locations is a key step in exewith both Cooks Collision Centers cuting our strategic plan by expanding and Holmes Body Shop throughout to the Los Angeles basin and serving the acquisition process and separately Southern California consumers,” said Veritas Advisors, Inc. assisted Cooks Rick Wood, co-CEO of Cooks ColliCollision Centers.

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CarMax Recruiting for More than 1,000 Jobs

CarMax Inc. said it is recruiting for more than 1,000 positions to fill across the country. The used-car retailer in Richmond, VA, said in a statement that it is offering full- and part-time permanent positions. Most of the openings are in sales and service operations, which include detailers and technicians, CarMax said in a statement. The retailer also has openings in purchasing and in its business office. “While many retailers are hiring for the holiday rush, we are looking for individuals who are looking for a long-term career,” CarMax spokeswoman Michelle Topping Ellwood said. CarMax plans to open 10 to 15 stores during the next year, Ellwood said. CarMax has 139 superstores in 70 markets, but cities with the most job openings are Sacramento, CA; Bakersfield, CA; Cincinnati; Atlanta; Lancaster, PA; and Huntsville, AL. Job seekers can apply at carmax.com/careers. Most positions, with the exception of technicians, require no prior automotive experience.

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Erica Eversman is an attorney, frequent speaker and author on automotive legal topics. She has been quoted in such publications as The Wall Street Journal Online, USA Today, Kiplingers Personal Finance, Cars.com, Yahoo! News and other trade magazines.

The Legal View with Erica Eversman

Parts Authorization, Indemnification and More—Documentation Part 3 by Chasidy Rae Sisk

Over the past two issues (see August and September Autobody News), industry attorney Erica Eversman has offered some insights into the various types of documentation that collision repair facilities can use to protect their interests and help them obtain proper compensation for work performed. In the final installment in this series on repair documentation, Eversman helps explain the purpose for and how to use the Parts Notice/Authorization and the Indemnification/Hold Harmless Letter, with a few additional documents. The Parts Notice/Authorization is an important form for repair shops to utilize since most states have statutes pertaining to the use of used or aftermarket parts which requires the shop to notify the consumer if these types of parts are used to repair their vehicle. When choosing the parts to use in a repair, the facility has several op-

tions: new OEM parts, aftermarket parts, or salvage yard parts (which the insurance industry commonly refers to as “recycled parts”), but dependent on and subject to state laws, the repair facility must be sure that the consumer understands which parts are being utilized in their vehicle—and that disclosure can be easily be substantiated by having their customers sign a Parts Authorization. Often, the insurance company instructs the repair facility to utilize aftermarket parts in the repair, but ultimately, the consumer is putting their life in the repairer’s hands, not the insurer’s. “Nothing gives a repairer the right to knowingly put an unsafe part on someone’s vehicle,” Eversman admonishes; however, there will be situations that repairers face when they are not entirely comfortable with the insurer’s suggestion to use particular used or aftermarket parts in the repair. In those situations, if the consumer is

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unwilling/unable to pay for new or new OEM parts when the repairer has concerns about using used or aftermarket, Eversman states, “the repair facility is ethically responsible for performing a safe repair, despite pressure from insurers, so the repairer must ensure that the consumer is notified that the repairer really prefers to use different parts during the repair process.” Although aftermarket or recycled parts may work just fine the majority of the time, there is always the potential for problems when parts used in the repair are not new OEM. In the event of an accident related to the failure of these parts, the repair facility needs to make certain it has protected itself by proving the insurer refused to pay for new OEM parts, the consumer was informed about the use of these parts but refused to pay the difference for the preferred parts, and the repairer possesses this signed document establishing the consumer’s notification and

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consent. “People don’t want to think about accidents,” Eversman points out. “Generally, they don’t think of it until after an accident when they’re already vulnerable. We, as an industry, need to do a better job of educating consumers in advance.” In addition to the Parts Notice/Authorization, repair facilities that are averse to installing certain used or aftermarket parts should also ask their customers and the customer’s insurer to sign an Indemnification/Hold Harmless Letter which explains that the repairer is only using the specified parts because both the customer and the insurer insisted on them. This document makes the insurer liable for the use of the specific parts and documents their agreement to pay for any lawsuits or damages the repairer suffers for problems with the parts. Insurers rarely agree to sign this document, often opting to pay for the appropriate part instead, but if the insurer insists on the

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use of potentially unsafe parts and the customer agrees, the repair facility must protect itself from the insurer’s influence; otherwise, the insurer will claim it has no responsibility for the use of those parts in the repair. Because manufacturers don’t offer a warranty on aftermarket parts, using these in a repair can lead to a partial or complete restriction on the vehicle’s bumper-to-bumper warranty. OEMs cannot automatically void a warranty due merely to the use of aftermarket parts, but they can restrict or void the warranty if the aftermarket part results in problems with the vehicle or causes an accident due to part failure or malfunction. Still, many insurance companies’ DRP contracts require the use of aftermarket parts, yet they will not insure the shop’s liability if there is an issue. Though insurers say they will “guarantee” the work of a DRP shop, doing so requires assuming liability, which insurers invariably try to avoid. While they generally say they offer warranties on the aftermarket or used replacement parts, insurance companies’ warranties do not cover the facility’s workmanship unless specifically stated. As a result, consumers are too

often told by insurers that the insurer “guarantees the repair”, but if a consumer actually reads what the insurer is guaranteeing, it is often nothing more than a statement that it will try to address a problem with an aftermarket part after the consumer has addressed the warranty problem with the part manufacturer. Eversman states, “the insurance company’s guarantee is useless. Warranties are like insurance policies – they contain more exclusions than actual coverage. The insurers will say they don’t fix cars—they just pay for repairs and that all of the decisions for how the vehicle was repaired were the collision facilities; however, their ads brainwash consumers by creating the impression that insurers are involved in the repair. These ads focus on a magical restoration without the involvement of the consumer or the repair facility. Much of this glib advertising creates the wrong impression for consumers that doesn’t reflect reality.” Eversman also strongly discourages shops from offering a warranty on anything besides their workmanship, especially on parts. Thanks to the Magnuson-Moss Warranty Act, insurers can offer a warranty for the repairer’s workmanship and parts used

in the repair, though this puts them on the hook to assume liability in the event of a problem. Eversman advises shops to “refuse the insurer’s demands to offer aftermarket or recycled parts warranties. Repairers should clearly state in all customer documents that you guarantee your services and repair work, but never offer a warranty for any part used in the repair. Doing so only subjects repairers to potential lawsuits involving double or treble damages and the payment of the consumer’s attorney fees if there are issues with the parts.” In addition to the documents discussed in detail throughout this threepart series, Eversman feels that shops should also be aware of some additional documentation that they may find useful. The Customer Notice of Insurer Deficiency is a form that serves to inform the consumer of their insurance company’s refusal to pay for a proper, safe repair. Eversman notes, “this form can help with the public relations battle; the insurance companies don’t like to be called out on their actions, so they are more likely to handle the problem. It also reminds the customer that you are the collision repair professional and that you are re-

fusing to perform an unsafe repair, despite the insurer’s demand that you breach this part of your contract with your customer.” The Customer Notice of Insurer Delay keeps the consumer in the loop by alerting them to the fact that the insurer is causing a delay in the repair process. The Vehicle Damage Insurance Election Form, which only applies in first-party cases, is a document that the customer can send to their insurance company demanding to know what specific remedy under the insurance policy the insurer is choosing. This forces the insurer to define whether it is “electing to repair” and accepting all liability for the repair or paying for the loss in money. Though the insurer is unlikely to sign this document, the customer can note their refusal to responds to the request, and this can be useful if a trial is necessary as the insured has the right to demand a response from the insurer to questions related to their claim. A Notice of Additional Cost is a nice way to inform the insurance company of an additional repair cost, granting them a specific amount of time to respond before resuming the See Documentation Series, Next Page

www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 43


On Creative Marketing with Thomas Franklin

Tom Franklin has been a sales and marketing consultant for fifty years. He has written numerous books and provides marketing solutions and services for many businesses. He can be reached at (323) 871-6862 or at tbfranklin@aol.com. See Tom’s columns at www.autobodynews.com under Columnists > Franklin

End Useless Marketing—Redirect Funds and Get Results! The marketing world has changed significantly during the past few years. So much has moved on-line that most other marketing expenditures may no longer make sense in your area. If you track results from your marketing efforts, you have probably noticed the lack of business coming from print ads, print version yellow page, and other phone book ads. It may be time to pull the plug on non-productive marketing and make better use of those funds. As insurance companies establish toll-free numbers to report claims, you should probably stop marketing to most agents. Unless you have nearly unlimited funds to advertise just to keep your name in front of the public, you should probably end off radio and TV advertising. And stop paying for useless advertising schemes. These moves should free up money to pay for real marketing results. So where should you redirect these funds? Mainly you want to double up on-line and live contact efforts. On-line yellow page, Superpage, and similar services will allow prospective customers to find you. Enhancing your website, Facebook page and other social media will be one good use for expanded expenditures, but this should only be a start. As the volume of collision repairs decline due to advances in vehicle accident avoidance technology, to survive shops will have to embrace other profit centers. This may call for a new mindset not familiar to most shop owners and managers. For example, merchandise store marketing rule number one is “Get as many people as possible into the store!” People like to go to famil-

iar places and prefer not to have to try out a new place if they are happy with the old one. The intent is always to make a prospective customer’s first experience so incredible, they will always come back first before trying out any other place. How can a shop make use of this fundamental principle? Perhaps it’s time for shops to copy what dealerships have done for decades. Shop owners and managers accustomed to $2000 repairs and up, may scoff at a couple of hundred dollars here and there in profits from vending machines, accessories, audio sales, and cosmetic automotive merchandise. But keep in mind that many “profit-centers” have a second benefit as marketing opportunities. Every new person that comes into the shop should be given a powerful propaganda piece. This should be a booklet featuring the shop’s “special” features. Shop personnel often think prospective customers know what equipment shops have, and what they do, but this is rarely true. A booklet should spell out why a shop’s frame machine, welding equipment, and painting capabilities are better than the competition, and why special skills in repairing hybrids, electric vehicles, exotic cars and more make this the best shop to repair a vehicle. The reality is the public is generally unaware of shop expertise, and the unspoken message of the booklet is that our competitors are unlikely to have this high quality equipment and systems (even though they may have it too). Sharing or piggybacking businesses is increasingly popular as rents go up. Local grocery stores now often

Continued from Page 43

website). Obtaining proper repair documentation is essential to providing customers with the best possible repair. Eversman encourages all collision repair facilities to protect their businesses by contacting a local attorney to begin drafting these vital documents. Erica Eversman is the Chief Counsel for Vehicle Information Services, Inc. and founder of the Automotive Education and Policy Institute.

Documentation Series

repair, since this saves rental car time for the insurer. It also gives the impression that the insurance company must respond to you because you’re in control of the repair process. Lastly, an Authorization and Release gives you the right to use photos or videos of the repaired vehicles for your own purposes (such as on your

44 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

have a Starbucks or similar concession in the store. Some hamburger chains now have a donut vendor concession or a pizza concession sharing the space. Sharing the cost of a space again frees up funds for marketing and perhaps advertising deals on line using Craig’s List, eBay and other sites. Auto glass, headlights, accessories, cosmetic fixes, running boards, pet restraints,, child proofing, older cars with no GPS are all profit-center prospects for sales and/or installations and add new names to an e-mail marketing list. A shop might want to partner with an automotive accessories vendor and provide an alternate display area—and not only share in the sales profits, but also profit from installations and again capture prospect names. In a shop where estimators only write estimates a few hours a week, product sales and installation fees can be an on-going supplemental commission opportunity.

Beyond front office space, a collision repair shop also has a huge amount of space compared to most businesses. Some shops open up repair space for mini-trade shows, and not only for collision repair products. Convention centers are costly places to hold trade shows, and small groups like furniture and equipment vendors could appreciate a local space to show products. This could bring in local businesses with company vehicles and provide an opportunity to solicit their vehicle repairs. Another alternative is more community-based uses of space. Sundays some shops make open space available for meetings, church groups, school groups, and boy or girl clubs or activities.. Kid’s activities bring parents, especially moms who can be good prospects for vehicle repair. Redirecting marketing funds like this will generate far more sales than old-style advertising and promotions.

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www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 45


Continued from Page 26

Better Blueprinting

should also have all the grilles, lamps, moldings, fasteners, etc. removed. There are three main reasons that 100% Teardown is recommended.

1. To reveal all hidden damage 2. Ensure fasteners will be reused 3. Facilitate ease in mirror matching the replacement parts

Step 6. Divide Parts by Good and Bad (R&R and R&I) As the technician is disassembling the vehicle, the parts being removed should be separated and placed in two visually separate spaces. One space for damaged parts (Bad) and another for parts just being removed and later re-installed (Good). I prefer to use a table to lay parts out, but you could also use the floor.

and billed out on the initial Blueprint, they become a profit center! I have seen several ways to capture and record these, but my favorite technique is to use a clip sheet. By the tech taping a sample of the damaged clip to a clip sheet and writing out the quantity needed, the person entering the information into the estimating system will have the information. There are two additional benefits to using this system. 1. You can take a photo of the clip sheet to send to the parts vendor. 2. The clips are where you can mirror match them until the new clips arrive. If your company stocks the needed clips, you should put the new replacement clips in a marked bag along with

Step 7. Using a Clip Sheet Clips and fasteners tend to be an often overlooked part of the damage analysis process and with costly consequences. Some shops consider clips and fasteners an expense. When damaged or missing fasteners are captured

We’re open to serve you!

Step 10. Photo Documentation In addition to your company’s photo standards, I suggest getting photos of the parts as they are being laid out on the table or floor. Your local insurance adjuster will most likely appreciate it.

Step 11. Blueprint Verification Process, Loading Parts Cart This is the most important step! Print

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Step 8. Re-backing Moldings and Trim As mentioned, we are trying to build a “kit” for the technician during reassembly so cleaning the adhesive and applying new adhesive backing on moldings and emblems should be done immediately after removing them. There are advantages to re-backing the trim now. ● If molding is painted, lessens chance of damaging paint later on ● If they are going to break, it is better to know now so it can be added to repair plan

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the old re-usable clips so when it comes time to reassemble the vehicle, everything the tech needs will be there. It’s a term called “kitting” because you are actually building a kit with everything needed to assemble the car on a parts cart.

Step 9. Sequenced Analysis of Damage Using Arrow-Down Method There are several schools of thought about what sequence to put damage entries onto the estimate. Most of us were taught to start with the point of impact and then work outwards. I don’t agree with this because it opens up too much room for error. Nearly 10 years ago, a good friend suggested that I should use the information in the estimating system and take it to the damaged car, instead of the other way around. By keying down through every part in each group, you will now catch parts that may have been completely destroyed or torn off during the accident. I also highly recommend using actual OEM diagrams.

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the estimate out. Check off each damage entry on your estimate as the corresponding part is loaded onto the cart. If you have everything checked off your estimate and there are still damaged parts on the table or floor, you may have missed something. It’s a simple but very powerful technique. Finally, be sure to place the parts in the same manner as discussed in Step 6. When you orderly divide the good and

the bad parts on the cart, it makes checking the replacement parts for correctness (mirror matching) easier to do. For more information or to schedule a Blueprint Clinic at your shop, please contact David Luehr at: dluehr@msn.com.

Arizona MVD Issues Cards With Wrong Pictures

Jennifer Lohss renewed her identification card and driver’s permit at the Arizona Motor Vehicles Division office near 51st Avenue and Indian School Road. On the temporary copy, everything was correct. But when the permanent cards arrived in the mail, there was an obvious error. “All of my information was correct. There was just somebody else’s picture and somebody else’s signature,” said Lohss. Lohss’ number one concern: her personal information getting into the wrong hands. CBS 5 News took the issue to the top of MVD. Director Stacey Stanton said that the issue first came to her attention Tuesday morning and the IT team began investigating right away. So far, she said eight cases have been reported. Stanton added the MVD just transitioned to a new centralized system last week. The agency is now issuing new, enhanced-security ID cards, drivers licenses and permits. Customers receive a temporary form in person and the permanent card is mailed to them directly. “I think it’s both learning curve and perhaps some programming,” Stanton said of the card errors. “So, we’re looking at both of those.”

Stanton said the affected credentials were processed at several MVD locations and produced by its vendor MorphoTrust in California. But, she said it was a glitch in the new MVD system that allowed the wrong pictures and signatures to be attached to bar codes on applications. “We’re confident that we are making the correct changes and we’re going to be issuing the proper credentials,” said Stanton. But some customers worry the new process of receiving their credentials by mail, instead of at the MVD, puts them at risk. “It’s scary because somebody else could use your identity,” said David Portao. Others questioned the need for a new system. “I don’t understand, what was wrong with us getting the permanent one from the get go?” asked Priscilla Rodriquez. Stanton said the MVD doesn’t have the capability to produce the high-tech cards in-house and she doesn’t believe anyone’s security has been breached. “The individuals who received the wrong photo and the wrong signature the information they received was still theirs,” she explained. “It was mailed to their address. So, none of their personally identifying information has been

compromised.” If you have an error on your driver’s license or identification card, contact the MVD immediately so that the problem can be fixed.

CA Has 100K+ Plug-In Cars and Counting

Cumulative sales of plug-in electric cars in California have surpassed 100,000, industry experts announced Sept. 8, according to reports in the Sun.com by Morgan Lee. As of the end of August, Californians had purchased 102,440 plug-in cars, including both all-electric vehicles and plug-in hybrids that run on a combination of electricity and gasoline, according to figures compiled by HybridCars.com and Baum & Associates, a Michiganbased market research firm. The sales records date back to December 2010, when the all-electric Nissan Leaf and plug-in hybrid Chevy Volt were first introduced to consumers in select U.S. markets. California regulators celebrated the milestone as the state bets on plug-in vehicles to meet aggressive goals for reducing emissions of heat-trapping gases linked to global warming.

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Social Media for Shops

Ed Attanasio is an automotive journalist based in San Francisco, California. He can be reached at era39@aol.com.

Is Angie’s List Impartial or Is She Playing Favorites? with Ed Attanasio

Some body shops swear by Angie’s List and call it the “Anti-Yelp,” but in the end, isn’t it just another advertising-based review system? If you’re not familiar with Angie’s List, it’s a paid subscription supported website containing crowd-sourced reviews of local businesses. They currently have 2.3 million paid members, although the company lost $1 million last year. Right now, Angie’s List is under fire and many small service companies have put her on their enemies list. Poor Angie is getting bad feedback from subscribers, investors and businesses alike, for bad reviews from low-rated businesses, disappointing earnings, executive departures, and lawsuits alleging misleading practices. Then, there’s the younger, hipper competition offering similar information for free. Angie’s List wants users to think they’re consumer-driven, when in fact 70% of their revenue comes from advertising. “It’s not advertising from Coca Cola, it’s advertising from the companies they rate,” Jeff Blyskal, a senior editor for Consumer Reports explained. While companies do not pay to be listed on Angie’s List, companies can pay to appear higher up in the search results—which Blyskal believes compromises the validity of the Angie’s List sorting system. “If you’re looking for a contractor, you’re only going to look at page one or two. That skews the ratings,” said Blyskal. “It’s about who advertises and I don’t think they’re being straight with the public on that.” In a recent statement, Angie’s List founder and CMO Angie Hicks said, “Angie’s List is built on a foundation of fairness and transparency. Everything at Angie’s List starts with the consumers. The consumers give the reviews and assign grades. The companies’ A–F ratings are the average of the consumer reviews we receive. Companies that are A–B rated are eligible to advertise with Angie’s List, but they must offer a discount with that advertisement and if their grades fall below a B, we pull their advertising.” Hicks also noted that the company puts itself through an outside audit in order to determine that the data-han-

dling process is fair to all businesses listed on the site, and that these audits have “always found Angie’s List reviews a fair, impartial, trustworthy source.” Angie’s List has been criticized for the fundamental contradiction between its mission statement which states, “Companies can’t pay to be on Angie’s List,” while in reality its toprated businesses are allowed to advertise. Small business owners (like body shops) are crying foul, because they’re aware of the fact that if a company advertises with Angie’s List, their negative reviews will be removed. The company’s effort to keep advertisers happy reveals their conflict of interest, which is why subscribers and businesses are claiming that Angie is playing favorites. Angel Iraola from Net Business Consulting & Solutions in Santa Rosa, CA has advised his clients in the past to use Angie’s List, because for many years it was better and more credible than Yelp, he claimed. But no longer, Iraola said. “The A- and B-rated companies on Angie’s List can buy their way to the top of the default search results and that makes it patently unfair. My automotive repair clients are gravitating more now toward Yelp, because they’re not so blatant about giving special treatment to advertisers.” One body shop owner (who chose to be anonymous fearing bad reviews from Angie) said the following: “It seems to me that just a few short years ago Angie’s TV commercial was completely different. She seemed to end each one with the statement ‘no company can pay to be on Angie’s list.’ But, now they’re forced to make money and advertising seems to be the way they’re doing it. I think ‘truth in advertising’ should pertain to everyone, especially those that claim complete transparency but don’t adhere to their own claims. Do we even know if Angie is the real owner or just a paid actor like Flo on the Progressive commercials? I’ve lost my faith in this site, so we don’t use it anymore and we took their link off our web site as a result.” How can a body shop owner be certain that Angie’s List is on the up and up or playing games with your re-

48 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

views? Iraola says do your due diligence and get everything in writing. “Angie’s List is just like any other review site” Iraola said. “They need to make money somehow and at the beginning they were going to the customers to get it. But, how many people are going to pay $100 annually to find good, honest companies if they know that these companies are also paying for their positions on Angie’s List? That’s one of the biggest problems with Angie’s List. Are the toprated companies really there because they do excellent work or are they there because they bought that spot? Once any review site loses its credibility and the end users doubt its validity, problems will follow. I hope Angie’s List can figure out a way to re-invent itself, so that my clients will want to get involved and the customers will believe in it again.” When it comes to review-based sites, Iraola prefers Yelp to Angie’s

List, especially for body shops. “Yelp is more relevant and many shops still don’t like it, but in the end it’s their best way to go. I tell collision marketing people to manage your Yelp page and respond to every review, both positive and negative. Use it as a tool and stay on it, because if you let a bad review sit, it looks like it’s justified. And stay away from Angie’s List at least for now. They will undoubtedly re-invent itself to a certain degree very soon, because right now they’re losing traction.” Curtis Nixon is the president of AutoBody-Review.com in Chino Hills, CA, a company that verifies every customer review by tapping into a database that confirms their identity and thereby gets true reviews for its body shop clients. “The big problem with these review sites is that they do not contain verified reviews,” Nixon said. “We make sure that the customer See Angie’s List, Page 62

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Herkules to Host NASCAR Driver Brendan Gaughan During SEMA Show Herkules Equipment Corporation will be hosting NASCAR Driver Brendan Gaughan at the 2014 SEMA Show, being held in Las Vegas, Nevada November 4-7. Gaughan will be

NASCAR Driver Brendan Gaughan will be signing autographs on Nov. 4 & 5 at the Herkules booth during the SEMA Show in Las Vegas, NV

signing autographs and chatting with fans on Tuesday and Wednesday, November 4 and 5, from 1 to 3 pm, in

the Herkules booth #11139. Brendan Gaughan has been a NASCAR Driver since 1997 with his debut in the Camping World Truck Series and winning this race in 2000. A Georgetown University graduate and family man, he holds 17 career wins and 83 top-five finishes throughout all of the NASCAR Series races. His latest win was in June 2014 at the NASCAR Nationwide Series Gardner Denver 200 race. His website is: www.brendangaughan.com. Herkules Equipment Corporation, established in 1984, is a leading manufacturer for the Automotive Paint & Body Repair industry, having designed, manufactured and patented the first Paint Gun Washer. They have been manufacturing quality vehicle lifts and scissor lift tables for close to 30 years, providing many industries with ergonomic solutions for countless applications. Herkules also supplies Sparkle Clean, Air Jacks, Carts & Stands, and Crushing Equipment. For more product information, please contact Herkules at 800-4444351, or at info@herkules.us or visit their website at: www.herkules.us.

NC Auto Injury Attorney Urges Drivers to Use the New NHTSA Online Recall Check

The North Carolina auto accident law firm of Riddle & Brantley LLP, is urging consumers to use the National Highway Traffic Safety Administration’s (NHTSA) new Online Recall Check feature on their website. Drivers can now use this tool to search for recalls which may affect their particular vehicle by entering their car’s Vehicle Identification Number (VIN). “As we saw with General Motors’ defective ignition switches, it is extremely important for consumers to stay up-to-date on recalls which may affect the safety of their vehicles,” said attorney Gene Riddle, partner at Riddle & Brantley. “Our firm is urging drivers to use the NHTSA’s tools to keep their families safe.” According to an August 20, 2014, report from the Associated Press, U.S. automakers have recalled over 40 million vehicles this year alone. Over 29 million of these vehicles were the results of extensive recalls from General Motors after faulty ignition switches blamed for causing multiple accidents leading to over a dozen fatalities and many more injuries.

Before the creation of the tool, drivers had to search multiple sources to make sure that their vehicles had not been recalled. According to the NHTSA’s VIN checker website, this new tool lists all ongoing safety recalls, any recalls which have been conducted in the past 15 years, and all recalls by major car and motorcycle manufacturers. The checker does not cover non-safety related recalls, recalls for international vehicles or ultra-luxury cars, or vehicles which are over 15 years old. According to an August 14, 2014 press release from the NHTSA, consumers were previously limited to searching using a car’s make and model year. Now, the addition of VIN searches will allow consumers to find alerts specific to his or her particular vehicle. In addition to the creation of this checking tool, the NHTSA is also mandating that auto manufacturers maintain a list of current recalls which affect their models on their websites. Automakers must update this information at least once a week. To use the NHTSA’s recall checker, consumers should visit: https://vinrcl.safercar.gov/vin.

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ASA Confirms Detroit as Location and Dates for Next NACE-CARS Expo The Automotive Service Association (ASA) announced that NACE | CARS 2015 will again be held in The Motor City, July 23–25 by ‘popular demand.’ The ASA Board and management considered feedback from attendees, exhibitors, and other industry constituents. Dan Risley, ASA Executive Director, stated “The response for Detroit was overwhelmingly positive. Many said this was the best event in recent memory. Attendees were pleased with the education and training, and numerous exhibitors made significant sales on the show floor. There were many requests for the exhibition to continue through Saturday, and we will incorporate that for 2015.” Partnering with industry organizations and associations is key to the success of Industry Week, and that format will continue. I-CAR, CIC, CCIF, MERA, NABC, and CREF have already committed to Detroit next year. I-CAR will again host the center stage in the exhibit hall to provide education and awareness on advancing vehicle technologies and related repair and industry trends, maintain a booth for membership, provide live technical demonstrations in the demo zone, and offer add-on I-CAR training sessions in classrooms. John VanAlstyne, I-CAR CEO & President, said “We are very pleased with

the results of Industry Week this year. Attendance was up significantly on the NACE floor and the I-CAR Conference was a great success. We are committed to NACE and will continue with a similar footprint in 2015. We also plan to continue holding the I-CAR Conference in conjunction with Industry Week moving forward, shifting to a biennial cadence, so make plans to attend our next Conference in 2016.” ● CIC will once again host the summer quarterly meeting during Industry Week following a successful meeting this past July in Detroit. ● CREF will hold its annual golf fundraising event during the week. ● After drawing a larger-than-expected Canadian contingency, and with close proximity to the growing Canadian market, CCIF will be back once again with their education program, sessions, and a keynote speaker. ● MERA will host a series of sessions again in 2015. ● NABC will produce the Recycled Rides program on the exhibit floor. Other organizations are currently evaluating co-located meetings and announcements are forthcoming. “On behalf of the ASA members, the board of directors, and our team, we are pleased to be working with I-CAR, CIC, CRES, CCIF, MERA, NABC, and others for the benefit of the automotive

repair industry,” said Darrell Amberson, ASA Chairman. “With our organizations working together we can provide the most current education and training in the market. We look forward to seeing everyone in Detroit the week of July 20, 2015.”

GM Posts Best July Sales Since 2007, Toyota Also Up

General Motors has posted its best July sales since 2007. GM sold 256,160 cars in July, a 9% uptick from July 2013. Retail sales were only up 4%, though—perhaps a sign that those who buy cars for fleets have more faith in GM than individual customers. This is the ninth straight month of year-overyear sales growth for GM, and an improvement from June when yearly growth was at around 1%. Toyota said it sold 215,802 cars last month, an 11.6% increase over a year ago.

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NABC 20th Anniversary Golf Fundraiser, January 14, 2015

The National Auto Body Council (NABC) is holding its 20th Year Anniversary Golf Fundraiser on Wednesday, January 15, 2015 in Palm Springs, California. The fundraiser at the Tahquitz Creek Golf Resort will be a highlight of special activities NABC is planning to commemorate its anniversary. Hertz will continue as the presenting sponsor for the annual event, which is one of the NABC’s major sources of funding to support its ongoing community service programs. These programs include NABC’s signature Recycled RidesTM, First Responder Emergency Extrication (FREETM) and the Distracted Driving Initiative. “Last year’s golf event was a sold-out success, with a lot of positive feedback from participants, and plans are underway to raise that bar even higher this year,” said David Merrell of Parts Trader and Domenic Brusco of PPG Automotive Refinish, co-chairs of the NABC fundraising committee. Companies interested in sponsorships should contact the NABC at 1-888-667-7433 ext 119 or email M.mcmanus@NationalAutoBodyCouncil.org

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www.autobodynews.com | OCTOBER 2014 AUTOBODY NEWS 51


Ed Attanasio is an automotive journalist based in San Francisco, California. He can be reached at era39@aol.com.

Midwest Associations

AASP-MN President Jerald Stiele has Lifetime of Repair Experience with Ed Attanasio

Many body shop owners are content with making a decent profit, while others are willing to work toward bettering the collision industry in their state. Jerald Stiele, president of the AASP-MN and the owner of Hopkins Auto Body in Hopkins, MN, fits into the latter category. Stiele, 40, is a third-generation body shop owner, who takes pride in offering full and mechanical collision repair. Hopkins Auto Body was established in 1963 by Stiele’s grandfather, Floyd Stiele. Today, Stiele co-owns and manages the shop with his uncle, Dale Stiele. “When I first came onboard fulltime, I was working as an estimator,” Stiele said. “Prior to that I worked on and off through the summers in high school and in college, cleaning the shop floor and masking cars and whatever other entry level task that needed to be done.” Initially, Stiele wasn’t expecting his path to lead to collision repair. “After graduating from North Dakota State University with a degree in Economics, I did not go into the business, because at that time, the shop consisted of a six-car garage and there wasn’t room for me,” he said. “Today, we’re working out of a 26,000 squarefoot shop that fixes approximately 150 vehicles every month and employs 16 people. I run the front office and Dale manages the production/shop floor and we work very well together. But, getting into this industry wasn’t a slam dunk at the beginning.” Stiele is proud of what AASP-MN has achieved. “In Minnesota, we have a really strong association and we’re proud of the fact,” he said. “Whenever I travel to out-of-state conferences, people from other state organizations tell us that we’re a really well-respected group. We have a strong association that starts with Executive Director Judell Anderson and a board that works really well together. Judell’s assistant Jody Pillsbury runs the office really well and Tom Kluver is having great success as our new recruiter. We’ve got a great team here and that’s why we’ve been so successful.” AASP-MN’s membership consists of 697 shops, both mechanical and collision. We asked Stiele, “what

are some of your major concerns with the future of the organization?” “From a body shop’s perspective, we want to retain the control of our businesses and our procedures,” he said. “The way we manage and order our parts really concerns us and I know it’s the same thing across the whole country. DRPs are a reality in this industry and some of them can be great partnerships, but we don’t want to compromise our work as a result. AASPMN’s main concern is that we don’t want to lose control when it comes to the parts and part venders that we use on our repairs. We’re being asked to handle more and more of the administrative work as it gets handed off to us by the insurance companies, so we constantly have to be adjusting to that. It now takes us additional front office staff to fix these vehicles, which of course means that we’re making less profit on these cars. Yes, we’re still profitable with our DRPs, but we’re starting to see that our DRPS are less profitable and we’re obviously concerned about that.” Stiele believes that in some cases, aftermarket parts are suitable. “New, OEM is not the only way to go in every situation, in my opinion,” he said. “There are situations that call for the use of aftermarket or LKQ parts. As shop owners, we know when it’s right to use them. The point is—we want to make the determination and we don’t want to be forced or coerced into making those decisions, because they can impact the quality of our work and cycle time. “Minnesota is one of the few states where we have aftermarket parts legislation on the books,” Stiele said. “If the owner does not want aftermarket parts they can specify that. So it’s a matter of who talked to the customer first. A lot of times it’s the insurance company that will talk to them and say ‘Hey--there are going to be aftermarket parts incorporated into the repair of your car.’ They don’t ask, they tell them. It will fix it back to pre-accident condition with a lifetime guarantee and you know so it’s up to them to say yes sometimes that’s the case. In some cases, the aftermarket parts don’t fit as well, but in other cases, they work just fine.” “Many shops are torn about the whole topic of steering, but in a perfect

52 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

world it would be better to not exist altogether,” Stiele said. “If an insurance company is steering business away from another shop, that’s bad obviously. But, if they’re recommending one shop over another, that’s called a DRP. Collectively at the AASP-MN, we agree that from the perspective of the entire industry, we’re better off without steering. We would rather compete with each other fairly and gain our business through marketing and doing a good job, by focusing on things like quality and customer service. We have anti-steering laws in Minnesota, which may lead to less steering--at least that’s the intention.” The majority of shop owners have a love/hate relationship with the DRP concept, and Stiele is no exception. “The DRP relationships are the biggest change in this industry, no doubt. Many body shops rely exclusively on their DRPs. Our DRPs make up is around 40% of our total business.

We have three main relationships with larger insurance companies, but handle a lot of customers and insurance companies outside of the DRP arrangement.” It’s hard to say what the future holds, but Stiele is excited to be working in today’s collision industry in Minnesota. “We really enjoy using technology to do a better job, whether we’re using tablets or smart phones to capture data from vehicles and writing the estimates. We’re working on being aluminum-ready and spending the money and time needed to get onboard in that regard. It’s a significant investment as all of the necessary equipment isn’t cheap. It’s important for us to be ready as the manufacturers start increasing the use different types of metals and materials. I can’t predict how many or when the new F-150s will start showing up, but when they do I want our shop to be trained and ready.”

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Crowd Favorite the “Telephone Doctor” Returns for SEMA Education Days Nancy Friedman was recently featured in a column by Ed Attanasio, so we were pleased to see that she’ll be back at the SEMA Show this year with her session, “Have You Asked Your Customer to Marry You? (Are You Really Engaged?).” The session will be offered twice during SEMA Education Days. Friedman spoke with SEMA about what attendees can expect from her sessions. SEMA: What is a Telephone Doctor? Nancy Friedman: I got that name from an editor in Davenport, Iowa, who said, “You’re the doctor. You’ve got the prescription for everything.” We know more business is lost to poor customer service and poor treatment than to poor

products, and it’s usually done on the phone. There are people in businesses whose job is to answer the phone and have more of a service mentality than a sales mentality, and that’s so wrong. SEMA: What is the right thing for a business to do after the phone rings? Friedman: There are many lead generators around the country who can tell you how to make the phone ring. That’s great, but what happens when it does ring? The phone can ring, but turning it into a sale is what matters. Companies hire people to pick up the phone when it rings, but often they get screwed up and lost when somebody answers. SEMA: What’s the biggest telephone mistake businesses make? Friedman: We’re just not friendly

enough. Companies spend hundreds of thousands of dollars to make that phone ring and, if it’s not handled just right, all that money is wasted. We answer that phone and we’re in a bad mood. We let it ring too long. We answer the phone improperly or without a name. You get less than 30 seconds to build that rapport. SEMA: Your session includes something called “Poor Man’s Jeopardy.” What’s that? Friedman: If you watch “Jeopardy,” you know there’s a big board with bells and whistles. We don’t have the budget for all the bells and whistles and the big board. Instead, I bring a bag, and the bag has golden nuggets, little pieces of information. I go through the audience. They get to pick out a nugget and

the nugget may say “irate caller.” It might say “closing skills” or “telephone greeting” or “voice mail phrases.” They get to pick a nugget and each nugget could represent one hour of information. However, we have scaled it down to two or three minutes. By the end of the hour, we will have covered 15 to 20 golden nuggets of sales and service. SEMA Education Days will feature more than 60 educational sessions in 12 different tracks, ranging from new-vehicle technology to best business practices to marketing strategies and emerging trends in the industry. The complete schedule of SEMA Show Education courses and educational events is available at: www.SEMAShow.com/education.

The Roseville Police Department in MN has hired a new auto body shop after employees from its former vehicle repair vendor reportedly drove squad cars at “irresponsible” speeds on the way to be fixe, as reported by Johanna Holub at LillieNews.com. On the morning of Thursday, Sept. 4, there were two phone calls from “concerned citizens” regarding two marked squad cars “being driven at excessive speeds” on County Road C, which has a 40 mph speed limit, from Victoria Street

to Western Avenue. The department found the vehicles were being driven by employees from a local auto shop the department used for repair services. The employees came to the Roseville Public Works garage to pick up two squad cars that needed body work following a police pursuit that took place overnight, and were supposed to drive the vehicles to the repair shop. They had authorization to do so. The department decided to “end business dealings” with the shop. “The department recognizes its ac-

countability to the community,” the statement reads. Lt. Lorne Rosand said the vehicles were equipped with everything “except the rifle,” which is secured in the police armory before a vehicle is taken to any location for repair work. Because the department contracts several vendors for service including a local dealership, Rosand said mechanics often pick up police vehicles and drive them to the shop for repairs. Certain repairs also require a test drive to be sure the problem is fixed.

They’ve never had a problem with vendor employees driving their vehicles unprofessionally until now. “It’s not uncommon for civilians to drive our cars,” Rosand explained. “We just hope they do so in a manner that represents the city in a very positive way. These two individuals did not.” But, from now on, the department plans to put in the “best effort possible” to have a city mechanic or police officer drive squad cars to be repaired, Rosand added.

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Industry Insight with John Yoswick

John Yoswick is a freelance writer based in Portland, Oregon who has been writing about the collision industry since 1988. He is the editor of the weekly CRASH Network (for a free 4-week trial subscription, visit www.CrashNetwork.com). Contact him by email at jyoswick@SpiritOne.com.

CIC Committees Look at Autonomous Vehicle Issues, Impact of “Length of Rental” Formulas Lawmakers and regulators on a state, federal and international level are working to make sure they can stay ahead of the quickly-developing “driverless vehicle” technology—but what will it mean for collision repairers? That was one of the questions considered in a presentation at the most recent Collision Industry Conference (CIC), held in Detroit, Mich. The committee looked at what laws and regulations are being enacted surrounding the technology, and what that could mean for collision repairers, insurers and other industry segments. Steve Regan, chairman of the committee, said that for insurers, the new and costly safety-related equipment involved in autonomous cars will impact repair costs. Access to or use of “black box” data will continue to be an issue. And liability related to the repair of the vehicles could be an issue for insurer offering garage-keepers, as well as liability policies for collision repairers.

The auto manufacturers and system suppliers will potentially face liability if their systems are controlling these vehicles, Regan said, but some of that liability is addressed in the state and federal regulations being enacted. “We started tracking these laws and noticed the missing component,” Regan said. “There’s no protection in any of these laws for those who are fixing the cars.” That’s an issue the industry will need to continue to monitor, Regan said.

‘Length of rental’ formulas discussed Also at CIC in Detroit, a panel tackled a new twist on the issue of cycle time. The topic: Do insurer formulas used to calculate the number of “rental days” on an initial estimate drive down cycle time? Do they set unrealistic expectations for consumers? Do they add friction and inefficiencies? Or do they do some combination of all

of these things? Pat O’Neill of Bodyshop Revolution, who moderated the discussion, noted that there is a wide variation in the formulas shops and insurers use to determine expected “length of rental” (often used as a proxy of “cycle time”) and even in the statistics about average length of rental that are reported by the rental car companies or information providers. Data provided by Enterprise Renta-Car, for example, found that length of rental in the secPat O’Neill ond quarter of this year averaged 10.7 days nationally, but ranged from a low of 8.9 days to a high of 14.1 days in another. With a 5-day difference between some states, repairers on the CIC panel asked, is it reasonable for an insurer to set length of rental expectations using a national formula? Panelist Darrell Amberson of

LaMettry’s Collision in Minnesota read some of the formulas that the CIC committee had collected that insurers use (or require their direct repair shops to use) to establish the initial completion date, which may be included on the paperwork given to the vehicle owner. Those formulas ranged from one day for every three hours of labor to one day for every six hours of labor on the estimate. Some formulas allow the shop to exclude weekends or delays caused by parts. Panelist Aaron Schulenburg of the Society of Collision Repair Specialists said one insurer acknowledged to the association that it recognized its hours-per-day formula for its direct repair shops was outside the norm for the industry, but that it set that goal to make sure its shops prioritized that insurer’s work over one who had set an unrealistic hours-per-day goal to try to get its work prioritized. If the goal is to drive performance, Schulenburg said, that’s one

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thing. But when it establishes unrealistic expectations for the consumer, and requires multiple adjustments by the shop and rental car company to the completion date information, that impacts efficiency and customer satisfaction. He said it’s also unfair for a shop to have to pick-up the cost of a rental if repairs exceed a calculation based on an unrealistic formula. “The shop didn’t sell a rental coverage policy, and they didn’t profit from the sale of that policy,” Schulenburg said. “My concern is: Is that the best way to drive behavior,” Amberson asked about the formulas. “If you’re going to push us to fix cars faster, is that really the best way to do it? I might suggest there are more cooperative ways to do this. This feels like a negative approach with a negative consequence if we don’t achieve what you’re looking for, and on top of that causes us to create an unrealistic expectation to the customer, which only irritates and frustrates them.” Amberson said that his company is making an effort to reduce cycle time by using blueprinting – but that “the formulas insurance companies use have very little to do with the improve-

ments we’ve shown in our numbers.” Chris Andreoli of Progressive Insurance, the lone insurance company representative on the panel, agreed that the customer should not be given inaccurate completion date information, but that length of rental formulas can be used as a starting point in that conversation. He agreed that using the same formula for every vehicle across the nation isn’t as accurate a system as he believes the industry will develop as data sophistication improves. He predicted that at some point shops and insurers will be able to establish more Chris Andreoli accurate completion dates based on data that will include year, make and model of vehicle, as well as market or region. “I think that’s where the level of sophistication needs to go in the industry,” Andreoli said.

Not a lot of consensus The panel did not seem to agree on how often consumers currently are being given an accurate completion date.

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Curtis Nixon of UpdatePromise.com said his company’s research indicates shops are hitting promise dates 88 percent of the time; however, he shared data showing the impact on CSI Curtis Nixon based on the number of times a promise date changes, a chart that showed the impact on CSI for as many as 12 such promise date changes on a job. The rental car companies on the panel seemed to experience more changes to the initial completion date information than an 88 percent accuracy stat indicates. “We do see a lot of changes,” said Mckenzie Spalding of Choice Auto Rental, a regional company in the Twin Cities market of Minnesota. “It happens a lot.” “We see an average of 2-4 changes that occur per claim,” concurred Frank LaVioila, assistant vice president for collision industry relations at Enterprise. Amberson said using better data instead of arbitrary formulas could reduce or eliminate such changes, which impact shop and rental car company

efficiency as well as potentially lower customer satisfaction. Because of such formulas, Amberson said, “Sometimes we meet the customer’s basic expectations but we’re not exceeding the customer’s expectations. We’re not wow’ing them. We’re not creating raving fans. And that’s what we should be striving for. We should be striving for excellence, not just a tolerable experience for the customer.”

ASA Announces Plans to Relocate Headquarters

It’s been a busy season for the Automotive Service Association (ASA) as the national office prepares to relocate its headquarters in a few weeks from Colleyville, Texas, to nearby North Richland Hills. In addition, the association recently held its successful NACE|CARS trade show in Detroit. Effective immediately, the association’s 800-ASA-SHOP (2727467) number is changing to (817) 514-2900. Please update your records to reflect this change. And effective Oct. 1, 2014, the association’s new headquarters will be located at 8209 Mid-Cities Blvd., North Richland Hills, TX, 76182.

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Auto/Steel Partnership to Present During OEM Collision Repair Technology Summit at SEMA Show The Society of Collision Repair Specialists’ (SCRS) OEM Collision Repair Technology Summit will be held on Wednesday, Nov. 5th at the Las Vegas Convention Center during the SEMA Show. The Summit will allow the industry to explore how automotive design, technology and materials impact repairability, and how in turn repairability influences structural design and David Rigg development. The full-day program will include four unique panel discussions with automakers, equipment suppliers, certified repair facilities, and OEM certifiers/auditors and will also feature special presentations from subject matter experts on automotive materials. Registration is required to attend and seats will be limited. Register today at: www.semashow.com/scrs. As the newest development to the agenda, SCRS has announced that David Rigg, Project Lead with the

Auto/Steel Partnership (A/SP) Advanced High-Strength Steel (AHSS) Repairability Project, will provide a detailed overview of the market developments and repairability research taking place between the steel industry and the automakers. The A/SP is a collaboration between the steel company members of the Automotive Applications Council of the Steel Market Development Institute and Chrysler Group LLC, Ford Motor Company and General Motors Company to pursue research, validation and education that help automakers enhance vehicle safety, fuel economy and improve design and manufacturing. Through the A/SP, automakers and steel companies have worked to drive improvements and innovation in vehicles on the road—and in repair businesses— today. “Participating in the SCRS OEM Collison Repair Technology Summit allows us the opportunity to interact with the leaders of the automotive repair industry to better understand their needs, so that we can incorporate them into our project plan,” said Terry Cullum, director of the A/SP. “Our goal is

to share the latest technology on these innovative advanced high-strength steel materials so that they can be repaired in the field using the best practices developed from our repairability project.” Rigg will deliver visibility into the technological advancements being made in the steel industry relative to automotive materials, and an overview of how their market is developing as a result of increased collaboration towards ever evolving safety and sustainability goals. He will share reasons behind the automakers’ continued reliance on steel as a critical substrate; and what their industry is doing to aid in the development of that relationship. The presentation will ultimately address how repairability plays a role in material research and development, and the prevalence steel will have in the vehicles of tomorrow. In addition to his role with the A/SP, Rigg serves as Global Service Lead - Structures, Front and Rear Closures at General Motors where he is responsible for the development, consensus, documentation and implementation of Global Service Re-

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Aluminum Association to Present During SCRS’ OEM Collision Repair Technology Summit In early August, the Society of Collision Repair Specialists (SCRS) announced the launch of the first issue-specific collision repair industry forum being held at the SEMA Show. The OEM Collision Repair Technology Summit will be held on Wednesday, November 5th at the Las Vegas Convention Center and will explore how automotive design and technology intersect with repairability, and how developments in this area impact the collision repair process and the professional businesses planning for their future in the ever-changing landscape of this industry. Registration can be made at www.semashow.com/scrs. In addition to panel discussions with technology experts representing the automakers, certified repair facilities, equipment suppliers, and certifiers/auditors, the program will feature special presentations from subject matter experts on automotive materials. SCRS announced that Doug Richman, Technical Committee Chairman of the Aluminum Transportation Group (ATG) will offer insight into the role aluminum will play in collision re-

pair businesses now, and in the future. “The ATG is eager to share with SCRS session attendees key insights on aluminum’s long history in the automotive industry,” said Richman. “Aluminum-intensive vehicles have been in the marketplace for many decades and are regularly repaired as needed. Within the next ten years, seven out of 10 new pickups produced in North America will be aluminumbodied, according to a recently released survey of automakers conducted by Ducker Worldwide. As Doug Richman aluminum use in auto bodies grows exponentially in the next decade, we applaud the SCRS’ efforts to educate and train repair professionals to be better prepared for the change in status quo materials that come through their shop doors.” Richman will deliver visibility into the technological advancements being made in the aluminum industry relative to the automotive market, and an overview of how their market is de-

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veloping as a result of increased integration into our modern fleet. He will share reasons behind the automakers interest in, and use of, aluminum; and what their industry is doing to aid in the development of that relationship. In addition to his role with the ATG, Doug Richman is Vice President of Engineering and Technology for Kaiser Aluminum. He joined Kaiser in 1996 and was appointed to his current position in 2001. Before joining Kaiser, Richman was Vice President of Automotive Castings for Alcan Aluminum and his background also includes almost 20 years of experience in development and design management at General Motors. Richman is a long-standing member of the ATG, serving as technical chairman of the sub-committee. He also serves as co-chairman of the Society of Automotive Engineers (SAE) Light Metals committee. The OEM Collision Repair Technology Summit is made possible through support from PPG Refinish Products, Ford Motor Company, BASF, Toyota Motor Sales and The Hertz Corporation.

For more information about SCRS’ Repairer Driven Education (RDE) series, and to register for the OEM Collision Repair Technology Summit and other RDE sessions, please visit: www.semashow.com/ scrs.

Volvo Reappears on World Market with XC90

Volvo is trying to regain a foothold worldwide with the introduction of its XC90 full-size crossover, the first for China’s Zhejiang Geely’s acquisition of the Swedish automaker from Ford in 2010. The premium seven-seater will contend against models like the Lexus RX350, BMW X5 and Chevrolet Tahoe. Its arrival is considered critical for Volvo dealers who have watched sales plummet since Ford, in the midst of financial difficulties, sold the brand to the Chinese company for $1.8 billion.

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Education Foundation Announces Scholarship Winners Including Nation-wide Students The Collision Repair Education Foundation has announced the winners of several scholarships it administers. The Atlanta I-CAR Volunteer Committee awarded a $5,000 student scholarship to Godofredo Pacheco of Maxwell High School of Technology in Lawrenceville, GA, through the Collision Repair Education Foundation this spring. This scholarship will assist Pacheco with education costs to continue his technical education study of collision repair. Funding for this scholarship was made possible through the committee hosting annual golf and car show fundraiser events. I-CAR Georgia State Chairman and Atlanta Committee Chairman Gerry Poirier stated “The members of the Atlanta I-CAR Committee have continued to focus on supporting new technicians entering the collision field. This scholarship will be the third awarded since 2012 that will help replenish our dwindling technician base. The fundraising efforts are a critical part of what our committee members and supporting businesses have done to make this scholarship a reality. Many thanks go out to everyone who made this possible.” The I-CAR Northwest Region has awarded two $1,000 collision student scholarships through the Colli-

sion Repair Education Foundation. Collision students from Washington were eligible to receive these scholarships. Funding for these scholarships was made possible through the local ICAR volunteer committee hosting fundraising events. The 2014 I-CAR Northeast Region collision student scholarship winners include: Anatoliy Fesenko – Green River Community College (Auburn, WA.) Michaelangelo Vega-Ortiz – Bellingham Technical College (Bellingham, WA.) PPG Industries Foundation awarded four collision students with $5,000 scholarships through the Collision Repair Education Foundation. These scholarships are awarded to full-time students in a post-secondary school with a focus or degree in collision repair and who have demonstrated interest and involvement in the collision repair community through extracurricular activities. The funds will be used to assist students with educational expenses such as tuition, books, tools, and equipment. The student winners of the 2014 PPG Foundation Scholarships include: Elizabeth Mahsem (Madison College, Madison, Wis.) Ian Zapata (College of Lake County,

Boyd Group Acquires Seven Champs Collision Centers in Southeast Louisiana The Boyd Group Inc. has signed a definitive agreement and concurrently closed the acquisition of Champ’s Holding Company, LLC (“Champ’s”) the company announced in a news release on Sept. 12. Champ’s is a premier full-service auto collision repair service provider in southeast Louisiana, owning and operating seven collision repair centers. Champs locations are in New Orleans, 4047 South Carrollton Ave.; Elmwood, 200 Edwards Ave, Harahan, LA; Kenner, 1601 22nd Street; Westbank, 3621 Lapalco Blvd., Harvey, LA; Northshore, 2501 Florida Street, Mandeville, LA; Hammond, 500 South Morrison Blvd.; and Baton Rouge, 6137 Siegen Lane. Champ’s has grown significantly since its inception in 1978 and generated sales of approximately $37 million for the trailing twelve months ended June 2014. This acquisition increases the number of Boyd collision repair locations to 313 across 16 states and five provinces. “We are very pleased to enter the Louisiana market which will expand

our reach to new customers, increase our geographical footprint for our insurance industry partners and also provide us with another new market from which to execute our single location growth strategy,” said Brock Bulbuck, President and Chief Executive Officer of the Boyd Group. “With this acquisition we strengthen our position as the largest multi-shop operator in North America in terms of number of locations, and demonstrate our ability to add attractive multi-shop operations in line with our growth strategy.” “Our team is proud of the business we have built over the last 36 years,” added Champ’s President Danny Kingston. “Champ’s decades of growth and success in the collision business are a direct result of the efforts of our knowledgeable, friendly, and professional team. We are excited to build on our accomplishments as part of the Boyd team.” The total purchase price consideration of approximately $35.0 million. It is within the range of other recent multi-location acquisitions completed by Boyd.

60 OCTOBER 2014 AUTOBODY NEWS | www.autobodynews.com

Grayslake, IL.) Rita Gonzales (Texas State Technical College, Harlingen, TX) Seth Cushing (NCK Tech, Beloit, KS.) Additional funds were raised during PPG’s recent MVP Business Solutions Conference in Phoenix, Ariz., and these were used to create the PPG MVP Industry Student Scholarship. The selected collision student winner of this $2,100 scholarship is Ashley Thomas from Washtenaw Community College, Ann Arbor, MI. “PPG strongly believes in supporting the future professionals of the industry and assisting them with any type of educational barriers they might encounter,” said Domenic Brusco, PPG Automotive Refinish, senior manager, industry relations. “PPG has supported the Collision Repair Education Foundation for over 20 years and we look forward to continuing our support and growing this relationship in the future.” Industry members interested in working together with the Collision Repair Education Foundation in supporting secondary and post-secondary collision repair students, instructors, and their school programs should contact Director of Development Brandon Eckenrode at 847-463-5244.

Counterfeit Engine Control Devices Found in Florida

A Florida man has been charged with one count of trafficking in counterfeit engine control devices— an offence that carries a maximum penalty of 10 years in federal prison. The goods at issue are counterfeit versions of goods produced and marketed by Hondata for use in modified Honda and Acura vehicles. In a plea agreement filed with a U.S. District Court, the defendant admitted that, beginning in 2009, he arranged for Hondata’s K-Pro and S300 devices to be reverse-engineered. The counterfeit devices bore Hondata’s trademarked name, as well as counterfeit serial numbers. The defendant also admitted creating counterfeit packaging, labels, instructions and compact discs for the devices. The investigation in this matter was conducted by the Federal Bureau of Investigation. For more information on how to protect your intellectual property, go to www.sema.org/ipr.

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SCRS Posts Tribute to March Taylor for Supporting and Inspiring the DEG Seven years ago this month in August of 2007, the Society of Collision Repair Specialists (SCRS) and the collision repair community lost a dear friend and tremendous asset with the untimely passing of March Taylor. Those that were fortunate enough to have been touched by March knew him as a dedicated family man, an innovative shop owner, an experienced master technician, and a selfless and iconic collision industry leader and contributor. He was a fixture within SCRS, March Taylor the SCRS Board of Directors and a mentor to many of us in our careers and businesses. March was passionate about addressing inaccurate estimating data and volunteered his time collecting, researching and processing hundreds of database inquiries. He was a technician at heart and was insistent on identifying areas where the data failed to reflect the real world requirements technicians’ face in the repair process. His work was the catalyst and inspiration behind the creation of the Database Enhancement Gateway (DEG), and the concept to have a centralized point for our industry to submit inquiries to.

The DEG (www.degweb.org) is an initiative that was developed to help address collision repair estimates data, through proactive feedback from the collision repair industry to the information providers (IPs) that supply the databases for the various estimating products. The DEG was created, and is equally funded and maintained by SCRS, Alliance of Automotive Service Providers (AASP) and Automotive Service Association (ASA). It is a perfect example of our organization putting membership dollars at work to address real issues in the industry. The DEG has processed more than 7,000 inquiries from the industry, many of which have resulted in changes to the estimating system database, or necessary explanations of how they work. The process is simple, the shop submits the inquiry to the DEG and the administrator works with the representatives from the IPs to bring the inquiry to resolution. Here are some great recent examples of responsive results from DEG submissions: 7112 - 2004 VW Beetle Left Door Skin 6939 - 2013 VW Beetle Roof Panel 6602 - 2013 Chevrolet Camaro SS Side Body Drip Molding If you are using electronic estimating systems to itemize your repair process and price your services, it is important to pay attention to the information being used to create the estimate.

MS is the 4th Most Expensive State for Car Ownership Overall

Mississippi is the third-most expensive state for annual estimated gasoline costs, at $1,231. Other costs are not too outrageous: the state ranks as the 21st most expensive for insurance at $901, and repair costs come in at $356 per year. But thanks largely to those gas prices, owning a car in Mississippi comes with an annual estimated cost of $2,487.

WI is the 5th Cheapest State in Which to Own a Car

Repair costs are about in line with Ohio’s, at an annual estimated cost $329, and insurance is the third-cheapest of all states at $658. Wisconsin, though, is 1 of 22 states with gasoline prices over the annual estimated cost of $1,000 ($1,031). That’s over half the annual estimated car ownership cost of $2,018 in the state.

WY is the Most Expensive State in the US for Car Ownership

With relatively cheap repair and insurance rates, why is Wyoming the most expensive state in which to own a car? Gas prices. The state is the most expensive for annual estimated gas costs, and it’s not even close. Wyoming is over $350 more expensive per year than second-ranked Alabama. It costs about $1,588 annually to fill your car up in Wyoming. At $324, repair costs are reasonable, as is insurance at $792. In total, it costs about $2,705 per year to own a car in the most expensive state.

FL is the Third Most Expensive State in Which to Own a Car

According to Bankrate.com there is no one cost that is astronomical in Florida when it comes to owning a car, but all three factors Bankrate measured were on the high side. Estimated annual repair costs are $377, 11th most-expensive among the 50 states and D.C. Insurance costs are $1,124, comfortably in the top-10 most-expensive states, and gasoline costs are $1,015. Overall, the cost of owning a car per year in Florida is about $2,516.

AUTOBODY MARKETPLACE

Continued from Page 48

Angie’s List

Talk to your estimating staff about the DEG and visit www.degweb.org to check it out today. The DEG and all of its successes are dedicated to the memory of our good friend, March Taylor.

Looking for Good

doing the review indeed had their car Collision Personnel? is move a vehicle, use: repaired by the shopthe they’re review•1,262Southwest Collision Techs resumes online matters affecting industry. Want to Contribute to this Edition? •1,295 Painters resumes online ing. We illicit the reviews by doing a •1,177 Estimators & Mgs resumes online customer satisfaction survey and •11,256 Mechanical Tech resumes online we’re finding out that about 25% of ACTautostaffing.com or 727-733-5600 800-524-1504 www.red-viper.com the customers are writing reviews on utobodynews.com publisher@autobodynews.com our site as a result. This way, both SAVES YOU TIME AND MONEY body shops and customers can rely on these reviews, because they’re real.” Go to www.forkliftwrecker.com Promote your business looking with Promote your business with and watch our video. AutoBody-Review.com charges look lo okin ok ingg for in for cardboard card ca rdbo rd boar bo ardd or cleaning ar ccle lean le anin an ingg mixing in mixi mi xing xi ng boards! bboa oard oa rds! rd s! its body shop clients a monthly fee an ®exclusive article featuring an exclusive article featuring Clean Clea Cl ean ea n Sheets Shee Sh eets ee ts® Mixing Mix M ixin ix ing in g Boards Boar Bo ards ar ds are are used use u sed se d by and does not offer advertising to get your products orix services. your products or services. thousands of repair shops to mix epoxies, thou th ousa ou sand sa nds nd s rep r epai ep air ai r shop sh ops op s m epo e poxi po xies xi es,, es advertise of any list. “Stayy any shop at the top To body filler, fiberglass, plastics, gel, putty bo dy fill fi ller ll er, er , fiber fib ergl er glas gl ass, as s, pla p last la stic st ics, ic s, gel g el, el , putt pu tty tt y call Joe Momber at: ry ing objective is crucial and that’s why and touch-up paint. an d touc to uchuc h-up hup pai p aint ai nt. nt . our reviews carry weight. We never 800-699-8251 • Prevents PPre reve re vent ve ntss costly nt cost co stly st ly reworks rrew ewor ew orks or ks • Bonded Bon B onde on dedd on 3 sides de ssid ides id es manipulate reviews or call customers Clean Sheets® • Non-absorbing, e-mail: Non N on-a on -abs -a bsor bs orbi or bing bi ng,, heavy-duty ng heav he avyav y-du yduty du ty paper ppap aper ap er with wititithh grip w grip ® to have them changed or delete any CALL: Joe Momber for details! Call for details! “The Original Patented Mixing Pad jmomber@autobodynews.com for for mixing mix m ixin ix ingg in 51 review, negative Spray a chrome finish in your paint booth. or positive. Our playSince 1988” • Pays for itself the first week you use them! Pay P ays ay s fo r itse it self se lf t he fir f irst ir st wee w eek ee k yo u us e them th em! em ! - Patented System. 800-699-8251 800-699-8251 ing field iswww.autobodynews.com 100% level, so if a shop - Guaranteed not to turn yellow. Call www. ww w.cl w. clea cl eans ea nshe heet he etsm et smfg sm fg.c fg .com .c om Call your yyou ourr local ou loca lo call Jobber ca Jobb Jo bber bb er or: or: 800-365-1308 800-365-1308 www.cleansheetsmfg.com - Used by GM, Andretti Autosport n. does good work, they get praised and vice versa. Selling ads for prime posiand West Coast Customs. tions is definitely a clear conflict of inwww.goldtouchinc.com terest and not the right way to do 800.940.787 800.940.7871 Register Your Email for Our Register Your Email for Our things, in my opinion. The customers 216.941.7400 should dictate position, not the Free Twice Monthly Newsletter almighty dollar and that’s why we will never sell ads to our body shop memat www.autobodynews.com at www.autobodynews.com bers—ever!”

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Season 34 of MotorWeek 2014 Features Collision Mitigation, Traffic Alerts Season 34 of MotorWeek, television’s longest-running automotive series, celebrates the reinvention of the automobile. Upcoming 2015 and 2016 models will feature the highest level of infotainment, safety, and driver’s aid technology ever on four wheels and MotorWeek will cover all of it in exciting detail. This new technology is transforming how automobiles interact with consumers as well as how they drive, paving the way for the emergence of the autonomous, self-driving car. The new season of MotorWeek premieres on public television stations nationwide beginning Sept. 5, 2014. Season 34 of MotorWeek will highlight advanced functions such as Collision Mitigation, Lane Keep Assist, Rear Cross Traffic Alert, and other driver aids that are a step towards cars that completely drive themselves. While this approach may be somewhat alarming to automotive enthusiasts, it will be a boon for everyone that loves or needs the everyday freedom that driving an automobile provides. “The autonomous automobile will not only continue America’s love affair with the automobile, but move it to an even higher level of usefulness,” says John Davis, MotorWeek Host

and Senior Executive Producer. One new technology, Collision Mitigation, which uses a radar aided braking system to slow and even stop a vehicle to avoid a collision, will become a special focus of MotorWeek’s continuing commitment to driving safety. In season 34 MotorWeek will

MotorWeek Cast Members

inaugurate a new test for cars with automatic braking systems. MotorWeek will add a low speed barrier test, the first all-new test in our Road Test regime in a generation. This new barrier test was created to measure the effectiveness of the various automatic braking systems among different makes and models. MotorWeek Season 34 will reveal how automatic braking systems react in low speed collisions; one of the most common accidents causing billions of dollars

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in insurance claims for injuries and property damage. The season premiere of MotorWeek features the newest addition to the BMW family, the exotic 2015 BMW i8 advanced hybrid, the compact 2015 Lincoln MKC utility, the 700-plus horsepower 2015 Dodge Challenger SRT Hellcat, along with the all-new 2015 Acura TLX. Other highlights from MotorWeek’s new season include road test reviews of the 2015 Chevrolet Camaro Z28, designed and engineered to be the fastest street-legal Camaro ever built; and the new 2015 Lexus NX, the brand’s first compact luxury crossover. MotorWeek’s line-up of popular segments returns with Master Technician Pat Goss offering do-it-yourself car care advice at Goss’ Garage. Yolanda Vazquez will continue to tackle consumer news and trends in FYI and Motor News. Roving reporter Zach Maskell goes Over the Edge with a quirky and fun look at the auto world in overdrive, while Brian Robinson reviews the newest motorcycles and scooters in Two Wheelin’. MotorWeek also continues its decade-long emphasis on the widening availability and practicality of hybrid and electric vehicles in Green Motoring.

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It costs more to fix your car in New Jersey than in any other state, with an annual estimated cost of $393. New Jersey is also the third-mostexpensive state for auto insurance at $1,244 per year. Gas, though, is affordable, with New Jersey ranking as the sixth cheapest state in this category at $783. For owning a car in New Jersey, you pay about $2,421 per year.

Ford and Chrysler Up, GM down in August Car Sales

It was an up and down sales month for the Big Three US automakers, with Chrysler and Ford seeing gains while General Motors saw retail sales decline, though fleet sales made up some of the ground. All told, a total of 1.58 million light vehicles were sold in August, according to data from Wards Auto. This brings the year-to-date total to 11.3 million units, a 5% increase over 2013.

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