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Aftermarket Parts Sellers Hear from Congressional Candidate With Ties To The Industry by John Yoswick
PartsTrader proposed state limits on use of non-OEM parts, and challenging the automakers’ patent designs on crash parts were all being discussed when non-OEM parts manufacturers and distributors met recently in Austin, Texas. The Automotive Body Parts Association (ABPA) allowed only members in the room during discussion at its convention of the association’s pending lawsuit challenging the validity of six of Ford’s design patents on collision repair parts. But proposed
federal legislation that would reduce how long automakers can use design patents to prevent other companies from producing replacement crash parts was among the topics discussed at the event by Louisiana tax Cassie Felder lawyer Cassie Felder, who is running for Congress. Felder, a Republican who believes in tax reform and repealing the Affordable Care Act, told attenSee Aftermarket Parts Sellers, Page 16
GCIA Invites All Georgia Shops to Participate in Labor Rate Survey to Gauge Market Rate Ranges The Georgia Collision Industry Association (GCIA) has extended an invitation to its members and other Georgia collision repair facilities to participate in the 2014 GCIA Labor Rate Survey starting Monday, June 2, 2014. Unlike previous years, this year’s survey will include a realtime survey of shop labor and material rates plus a survey of training, certifications and equipment. The purpose of the 2014 survey, according to the GCIA, is to provide Georgia collision shops with Prevailing Market Rate Ranges (PMRRs) in their markets, which more accu-
rately reflect labor and shop rates than one single prevailing rate. The GCIA says this survey methodology significantly improves the possibility that shops will be compensated fairly and reasonably for their work. The 2014 survey is being conducted by National AutoBody (NABR) Research. After submitting the survey form, an email will be sent to you with a temporary username and password providing seven-day access to the NABR’s “Survey the Market” and “Quote” tools, the new “NABR Labor Rate & Profit Calculator” and the Shop Locator.
VOL. 5 ISSUE 5 JULY 2014
Body Shops Respond to Hartford’s Request for Dismissal of Florida Antitrust Case Attorneys for Florida collision repair shops that sued dozens of insurers recently responded to Hartford Accident and Indemnity Co.’s request for the U.S. Middle District of Florida Court, Orlando division, to dismiss their antitrust and steering lawsuit, writing, that, “The defendants misrepresents both the contents of the complaint and quite often the holdings of authority to which it cites.” The Florida body shops sued Hartford, State Farm and dozens of other insurers. The automotive glass repair companies allege similar issues with third-party administrators (TPAs), which handle automotive glass claims for insurers. “When the correct legal standards are applied, a straightforward reading of the complaint establishes there is more than sufficient facts asserted to satisfy the pleading requirements,” the attorneys claim. “The
defendants’ numerous misrepresentation of fact and law do not alter this. The Motion to Dismiss is without any merit, legal or factual. The plaintiffs respectfully submit it should denied in its entirety. “What is required from the complaint and its exhibits is to set forth sufficient facts to establish a probability of relief. That is all. The complaint more than satisfies this requirement. The plaintiffs respectfully submit that defendants’ Motion to Dismiss is without any merit whatsoever and should be denied in its entirety. Should this court determine any portion of the complaint is lacking, the plaintiffs move this court for permission to amend, the preferred remedy for such situations,” attorneys write in court documents.
The judge has not issued any decisions at press time.
OH’s Three-C Body Shops Has Filed Over 100 Lawsuits Against State Farm Alleging Systematic Shortpays by Chasidy Rae Sisk
Three-C Body Shops, a four-facility, multi-shop operation in the Columbus OH, area, has filed multiple lawsuits against State Farm Insurance Company in an effort to recover alleged
Three-C is Suing State Farm, Alleging Repeated Estimate Discrepancies on Total Losses
shortpay losses. Since November 2012, Three-C has filed 104 suits against the insurer, all of which accuse
State Farm of engaging in “repeated underpayments for services generally rendered and charged to their customers when their vehicles have been deemed total losses.” Currently, owner Bob Juniper is seeking $405,000 in recovery, including legal fees and court costs, of which State Farm previously agreed to pay $31,565.03. Juniper notes that he rarely has problems with insurers refusing to pay the full cost of repairs because “we negotiate with them pretty well. We spend a little time with their adjusters and can generally get to where we need to be. We may not always get the full amount of our estimate, but we get close by compromising until we come to terms we can both agree on.” In fact, Juniper hasn’t experienced difficulty from State Farm in See Three-C Body Shops, Page 14
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