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A: The Fair Claims Settlement Act (Section 2695.8) states that insurers need to pay out in a “workmanlike manner,” but they don’t do it.

When a shop writes an estimate, there are three things the insurance companies can do. First, they can adjust the claim, which means that they will write their own estimate. That means that the car has to be fixed using nationally distributed data― ALLDATA, Mitchell, for example― or the vehicle’s repair manual.

The insurance companies don’t do any of it. In fact, they write the lowest estimate possible. They make it impossible to fix the car correctly. Then, when you request a supplement, they do it again―over and over.

There are a small handful of insurance companies that don’t do it, but the majority of them do. It ends up being a complete waste of time for the shops, not to mention for the consumers.

The insurers would save a ton of money on rental cars without wrestling over every penny. They push cycle time through their DRPs, and then they choke them. Then they start calling the shop every day, asking when will the car be ready? In many cases, the vehicle is sitting there because the shop is waiting on the insurance company. It makes no sense.

If they followed the legislation, then these problems would not exist. When a shop files a complaint, they will quickly discover that the California Department of Insurance (CA-DOI) employees don’t understand the legislation. Half the time, they will bail and send a letter that the dispute is over pricing and they can’t mediate.

Most of the time, we’re not asking them to mediate, but to simply look at the legislation and the evidence provided. But, they don’t. The shop thinks the complaint didn’t go anywhere because the CA-DOI is on the insurance company’s side. But that’s not the case―they just don’t know.

Steering does exist, but the insurance companies have gotten better at it. They don’t put anything on paper. When you file a DOI complaint, the DOI requests the claim file. In that claim file, the DOI won’t find any trace of steering. All steering communication takes place over the phone, using specific language to get a vehicle pulled out of a specific shop that won’t play by their rules.

The solution to that problem would be for the DOI to request phone recordings pertinent to that claim file to hold these insurers accountable. Maybe petitioning or amending legislation to keep up with the electronic data of today would be beneficial.

Q: Do your clients often encounter issues over the constant wrestling match between aftermarkets parts vs. OE parts?

A: The legislation states that aftermarket parts must have non-removable markings. But, most of them don’t―they use stickers.

The legislation also says the parts have to be the same in fit, quality, safety and finish along with the non-removeable markings. The majority of these aftermarket parts aren’t the same because if they were they would be counterfeit parts.

Aftermarket parts have to be physically different, that’s the fact. That’s why they don’t fit and why you’ll see gaps and other irregularities.

When this happens to one of my clients, I direct them to write a new estimate to re-repair the car and submit it with their final bill. It states that the shop used aftermarket parts and they don’t fit. The insurance company will then say hey―why didn’t you tell us? They wanted the cheapest parts they could find, and now they’re shocked. But they know they’re on the hook, so they have no options.

Once they see you understand the legislation, they will never try that again.

Q: You are an active member and have served twice as president of California Autobody

See Consultant Says, Page 43

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ARIZONA Subaru Superstore of Chandler

PHX Metro East (877) 443-3239 (480) 268-2402 Local Mon.-Fri. 7-6; Sat. 7-5 WholesaleEast@ShopSubaru.com

Subaru Superstore of Surprise

PHX Metro West (844) 378-9875 (623) 232-7202 Local (623) 232-7303 Fax Mon.-Fri. 7-6; Sat. 7-5 WholesaleWest@ShopSubaru.com

LOUISIANA Baldwin Motors

Covington (888) 310-9605 (985) 892-2902 (985) 273-3273 Fax Mon.-Fri. 7:30-6; Sat. 8-2 cbilbo@baldwinmotors.com

TEXAS Huffines Subaru

Corinth (888) 928-2978 (940) 321-2679 (940) 497-2920 Fax Mon.-Fri. 7-7; Sat. 8-5 les.hickman@huffines.net

Subaru of Midland Odessa

Midland (888) 814-6356 (432) 617-2277 Mon.-Fri. 7:30-6; Sat. 8-2 sehawkins@subarumidlandodessa.com