2 | New Jersey Automotive | February 2021
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4 | New Jersey Automotive | February 2021
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P.O. Box 734 Neptune, NJ 07753 EXECUTIVE DIRECTOR Charles Bryant 732-922-8909 / setlit4u@msn.com
VOLUME 51 NUMBER 2 | February 2021
2019 - 2021 OFFICERS PRESIDENT Jerry McNee, Ultimate Collision Repair, Inc. 732-494-1900 / ultimatecollision@att.net
CONTENTS
COLLISION CHAIRMAN Dennis Cataldo, Jr., D&M Auto Body 732-251-4313 / jr@dnmautobody.com
10 OUT OF BODY (AND MECHANICAL) EXPERIENCES
MECHANICAL CHAIRMAN Keith Krehel, Krehel Automotive Repair, Inc. 973-546-2828 / krehelauto@aol.com
14 PRESIDENT’S MESSAGE
TREASURER Tom Elder, Compact Kars, Inc. 609-259-6373 / compactkars@aol.com SECRETARY Thomas Greco, Thomas Greco Publishing, Inc. 973-667-6922 / thomas@grecopublishing.com BOARD Brad Crawford, Livingston Collision, Inc. 973-992-5274 / livingston.collision@gmail.com Gary Gardella, Jr., County Line Auto Body 732-363-5904 / countylineautobody@gmail.com Dave Laganella, Peters Body and Fender 201-337-1200 / petersbandf@gmail.com Sam Mikhail, Prestige Auto Body 908-294-1985 /prestige@goldcar.us Ted Rainer, Ocean Bay Auto Body 732-899-7900 / ted@oceanbayautobody.com Anthony Trama, Bloomfield Auto Body 973-748-2608 / anthony@bloomfieldautobody.com BOARD ALLIED Joe Amato, The Amato Agency 732-530-6740 / joesr@amatoagency.com Mike Kaufmann, Advantage Dealer Services 973-332-7014 / mkaufmann@advantageds.com PAST PRESIDENT ATTENDING Jeff McDowell, Leslie’s Auto Body 732-738-1948 / chacki@aol.com
16 EXECUTIVE DIRECTOR’S MESSAGE 20 MECHANICAL CHAIRMAN’S MESSAGE 46 NJA ADVERTISERS’ INDEX
LOCAL NEWS 22 NORTHEAST® Rescheduled for September 10-12, 2021 26 Boggs Auto Collision Rebuilders Donates Vehicle to Driver in Need
by Alana Bonillo
28 AASP/NJ Launches Health Plan via Amato Insurance Agency
by Alana Bonillo
NATIONAL NEWS 30 Nissan Reiterates Support of OEM Parts/Procedures
COVER STORY 34 A DRP Gets Deeper: Exploring State Farm’s New Moves
by Joel Gausten
LEGAL PERSPECTIVE PUBLISHER Thomas Greco / thomas@grecopublishing.com SALES DIRECTOR Alicia Figurelli / alicia@grecopublishing.com EDITORIAL DIRECTOR Joel Gausten / joel@grecopublishing.com EDITORIAL/CREATIVE COORDINATOR Alana Bonillo / alana@grecopublishing.com OFFICE MANAGER Donna Greco / donna@grecopublishing.com PRODUCTION COORDINATOR Joe Greco / joe@grecopublishing.com
40 Anatomy of a Personal Injury Case/Assault
by Mitchell Portnoi
AUTOMOTIVE RECYCLERS ASSOCIATION OF NEW JERSEY 44 Wharton Insurance Briefs by Mario DeFilippis
CONTRIBUTING EDITORS Charles Bryant • Mario DeFilippis •
Jeff McDowell • Mitch Portnoi • Ron Ananian Keith Krehel • Jerry McNee • Bob Dirkes • Jacquelyn Bauman
Published by: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963
www.grecopublishing.com NEW JERSEY AUTOMOTIVE is published monthly and is sent to AASP/NJ and ARANJ members free of charge. Subscriptions are $24 per year. NEW JERSEY AUTOMOTIVE is published by Thomas Greco Publishing Inc., 244 Chestnut St., Nutley, NJ 07110. The editorial contents of NEW JERSEY AUTOMOTIVE are copyright © 2021 by Thomas Greco Publishing Inc. and may not be reproduced in any manner, either in whole or in part, without written permission from the publisher and/or editor. Articles in this publication do not necessarily reflect the opinions of Thomas Greco Publishing Inc. Stock Images courtesy of www.istockphoto.com.
Joe Amato, Sr. Ron Ananian Jim Bowers Charles Bryant Don Chard Guy Citro Pete Cook Ed Day Dave Demarest Phil Dolcemascolo Tom Elder Bob Everett
Thomas Greco Dan Hawtin Rich Johnson Wes Kearney Nick Kostakis Jim Kowalak Keith Krehel Joe Lubrano Michael Lovullo Jeff McDowell Sam Mikhail Ron Mucklow
George Petrask Russ Robson Jerry Russomano George Threlfall Cynthia Tursi Lee Vetland Paul Vigilant Rich Weber Brian Vesley Glenn Villacari Stan Wilson
New Jersey Automotive | February 2021 | 7
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OUT OF BODY (AND MECHANICAL) EXPERIENCES
Terror on the Highway! by THOMAS GRECO, PUBLISHER A few months ago, I self-published a book of all my the official publication of the Adjusters Association of New “Out of Body” articles for some friends and family. (Let us Jersey. (Ironic, no?) The association was headed by a know if you would be interested in a copy.) Since I had bunch of good guys named John Gardinier, Ed DeSimon someone else compile the articles, I didn’t really get a and Tony Sabella. Tony reminded me of all my uncles. chance to read the book until I had some time over the Very loud and very intimidating. He was the Godfather/ Christmas break. Now, I don’t know if it’s just a result of client, so as publishers, we had to impress him. getting old, but the more I read, the more I realized that Not very long into the job, I did some research and damn, I didn’t remember writing a lot of the stories! I guess came up with the idea to do an article on the rise of that happens after 25 years. So, as we move into Year 26 jackknifing tractor-trailers and what was causing the trend. of “Out of Body,” I sure hope I didn’t write this one already. The Godfather and everyone at Maxco seemed to think LOL! it was a good idea. So, I set out to write the story, hoping Back when I got my first job in publishing at Maxco that it would raise my prospects in the company. So much in 1984, I was a typical star-struck, eager-to-please cub for that… NJA0420_CSNE.qxp_Layout 1 3/30/20 10:50 AM Page 1 reporter always looking to impress the boss. The first To get to Maxco, I had to drive west on Route 80 magazine I wrote for was called The Adjuster, which was every day. As luck would have it, one morning (yes, I said
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morning) as I was driving in, there it was: A jackknifed tractor-trailer strung out across the median right in the middle of the highway. Being the good journalist I was, I pulled over and immediately took tons of pictures of the wreck. What were the odds that I would come upon a cover for my story on my way to work??? Fast-forward a month or so. The story was written, the magazine was out and everyone was patting me on the back. My boss loved it. The cover screamed “Terror on the Highway” over the picture of the tractor-trailer jackknifed on 80. Even the Godfather was impressed. Then we got the letter. It seemed that the truck I photographed had a very well-known and identifiable color scheme and logo. And the owners of that company’s color scheme and logo did not appreciate being referred to as “Terror on the Highway.” So, they had their lawyers send us a letter threatening to sue for a hell of a lot of money. Not a great way to endear myself to my boss… LAND ROVERBut PARSIPPANY_NJA0220.qxp_Layout 12:20 Page 1 he happened to know a lot 1of1/28/20 people, so PM he made some calls to get some background info on the trucking
company. Remember, this was the ’80s. If a New Jersey trucking company had a vowel at the end of it during those days, well, you know what your mind raced to. My family was in construction, so I knew all about those stereotypes. Not only did I figure I’d get fired at this point, but there was also a good chance I could be wearing concrete shoes at the bottom of the Passaic River. Of course, none of that happened. Turns out my boss found a friend who was a big deal at the trucking company, and they arranged a “sitdown” at Poor Henry’s Pub & Restaurant in Montville. Instead of a lawsuit and concrete shoes, all it took was an evening of shots (the liquor kind) and some steaks to get the matter solved. The lawsuit disappeared like the Russian from The Sopranos. The Adjuster, Maxco, the Adjusters Association of New Jersey, John Gardinier, Ed DeSimon and Tony Sabella are all gone now. But my old boss and I still laugh whenever we talk about my first big cover story. Hell of a way to start a career, wouldn’t you say? PS: Nothing good EVER happens in the morning. NJA
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12 | New Jersey Automotive | February 2021
New Jersey Automotive | February 2021 | 13
PRESIDENT’S MESSAGE
The True Meaning of “Essential” by JERRY MCNEE It’s amazing how quickly time flies. In a few short weeks, it will be 12 months since our country first went into lockdown in response to COVID-19. Fortunately, shops in New Jersey have been able to stay in operation as essential businesses through some very challenging times. Hopefully, things will get better and safer as 2021 carries on. Of course, AASP/NJ acknowledges that returning to normal (or at least close to it) might take some time. With this in mind, we recently decided to reschedule our 2021 NORTHEAST® Automotive Services Show from next month to September 10-12. We intend to provide the industry with the first in-person event of this size in nearly 18 months. More information on the show is available on page 22 in this issue and at aaspnjnortheast.com. We look forward to seeing you there – and not through a computer screen
for a change! For this month’s message, I’d like to focus on what I believe truly makes us an “essential” business with or without the pandemic. In my mind, we earn the right to be “essential” when we put the customer – and by that, I mean the vehicle owner – first and perform repairs as intended by the vehicle manufacturer. Too many facilities out there lack the proper equipment, training and resources to get the job done right. On top of that, there are shops that simply perform repairs as directed by the insurer. In today’s world, an insurer’s refusal to pay for something doesn’t mean it shouldn’t be done. If you want to know how ridiculous that philosophy is, ask your insurer to sign an agreement holding you harmless if its dictated repair procedures put the consumer at risk. You’d have continued on pg. 38
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14 | New Jersey Automotive | February 2021
Mazda of Lodi 130 Route 46 East Lodi, NJ 07644 Phone: 866-716-0511 Fax: 973-594-4933 www.mazdaoflodi.com
Wayne Mazda 1244 Route 23 North Wayne, NJ 07470 Phone: 973-646-0333 Fax: 973-694-1700 www.waynemazdafactoryparts.com
New Jersey Automotive | February 2021 | 15
EXECUTIVE DIRECTOR’S MESSAGE
What’s It Going to Take to Wake up the Collision Industry? When an insurance appraiser appears at a shop to inspect a damaged vehicle and negotiate an agreement on the cost of repair, one of the first things they say is, “We don’t pay for that.” What is the most common response from the shop? One might think it would be something to the effect of, “Now, wait a minute. How am I going to perform the repair if you are not going to be paying for it?” If that is the answer you were about to say, you would be wrong. Based on years of industry experience and seeing this type of conduct over and over, the most common response would more likely be, “Oh, okay.” Then, the shop representative would move on to the next item on the estimate. As the so-called negotiation process continues, the issue of the Labor Rate paid by the insurer will eventually come up. In response, the shop representative will state their business’ Labor Rate. Now, what do you think the insurance representative’s response might be? Knowing the insurance industry well, I think it would very likely be, “Well, we only pay X per hour.” What do you think the most common response would be to an insurance appraiser who has just stated that they only pay an amount that is much lower than the shop’s Labor Rate? You guessed it: “Oh, okay.” Wait a minute. Did I refer to this as the negotiation process? Apparently, I did, but at least I referred to it as the “so-called” negotiation process – and for good reason. This type of one-sided discussion is far from what is commonly referred to as a negotiation. On a regular basis, insurance companies dictate what they will pay for repairs rather than negotiate with the shop on what it actually takes to do the job safely and properly. What is the reason for this? Well, when a shop puts up too much of a fight on 16 | New Jersey Automotive | February 2021
by CHARLES BRYANT
what it will be paid for the Labor Rate (or the procedures it won’t be paid to perform), the job gets steered away. That has been going on for years. When you think about it, how many jobs can a shop lose before its representative learns to say, “Oh, okay”? Well, collision industry, I’m here to tell you the time has come for you to be retrained. You need to learn how to put yourself in a position of power rather than in a position of submission. The time has come for that old game of Let’s Make a Deal to come to a screeching halt. The vehicles you are repairing today are nothing like an old six-cylinder Chevy; they are like rolling computers. With so many ADAS and collision avoidance technologies in these vehicles, it is amazing that shops are not falling by the wayside due to a lack of work. ADAS features – such as forward collision warning, lane departure warning, pedestrian and cyclist collision warning, steering angle sensors, advance brake assist, blind-spot monitoring and others – are changing the collision industry forever. When a vehicle equipped with these features is involved in a collision, the repair is a whole new story. Failure to recalibrate any one of them could cause the vehicle to be in another collision, and the shop that worked on it will be on the hook for the damage – or, God forbid, the injury – that resulted from the improper or unperformed repairs. This is why the collision industry has to change. Shops can no longer play Let’s Make a Deal and put items on an estimate that are not going to be performed just to make up the difference in the Labor Rate or repair procedures that the insurance appraiser refused to pay. These days, everything that is listed on the estimate has to be performed – and shops have to receive a reasonable Labor Rate in order to pay for the equipment and training now required to repair these vehicles. But how
do these shops deal with the steering a Deal. The procedures required facilities being paid less than bicycle that is almost certainly going to to repair today’s vehicles have to shops or lawnmower shops have to happen if they put up much of a fight? be followed, and the shops have come to an end. If anyone would like GROUP 1 4/27/20 1 Well, believe it or not, shopsSUBARU are to be AD_NJA0520.qxp_Layout paid a Labor Rate that fairly 1:46 PMto Page discuss anything mentioned in this finally in the position to hold their compensates them for the proper message, I can be reached on the ground and demand to be paid fair equipment and training needed to AASP/NJ Hot Line at (732) 922-8909. and reasonable rates for their work do this. The days of collision repair NJA and every necessary procedure they perform. However, collision shops will have to change the way they do business. Shops can no longer start repairs based on a handshake. I can’t even begin to tell you how many times I have seen shops lose cases in court because they failed to get a proper authorization before commencing the repairs. The first thing collision shops need to do is seek legal assistance to make sure they have a contract to repair the vehicle that will hold up in a court of law and spells out not only the repairs that will be performed but what will happen if the contract is breached prior to that work taking place. Then, before going into negotiations with an insurer, they need to make sure the contract is signed and dated by the customer and provide a copy of it to any insurer involved. If the insurer refuses to negotiate fairly and convinces the customer to breach For Genuine Subaru Body Parts, contact these Authorized Subaru Dealers. the shop’s repair contract and Flemington Subaru Liberty Subaru Paul Miller Subaru take the vehicle to a different shop 167 Route 31 55 Kinderkamack Road 3469 Route 46 referred by the appraiser, the shop Flemington, NJ 08822 Emerson, NJ 07630 Parsippany, NJ 07054 Toll Free: 877-657-2787 Phone: 201-261-7495 Phone: 973-658-5714 might make more money because Fax: 908-782-1795 Fax: 201-261-3261 Fax: 973-402-9591 bseymour@flemington.com Toll Free: 888-782-9493 mdaltilio@paulmiler.com of the tortious interference with that www.njparts.com parts@libertysubaru.com www.paulmillersubaru.com/parts document than if it had actually www.libertysubaru.com repaired the vehicle. The collision industry has to wake up and start running like a legitimate business. There is no longer a place for playing Let’s Make New Jersey Automotive | February 2021 | 17
18 | New Jersey Automotive | February 2021
New Jersey Automotive | February 2021 | 19
MECHANICAL CHAIRMAN’S MESSAGE
Social Security: A Bad Investment by KEITH KREHEL
When I was a freshman in high school, my Social Studies teacher taught the class about Social Security. She explained how working folks paid into it and “retired” people collected the money. If I remember correctly, she did not mention that the payments were matched by the employers. She went on to describe how the relatively large number of working people’s contributions easily paid the “benefits” collected by the retired. It was obvious by her enthusiasm that she thought Social Security was a great program. We even discussed how the Baby Boom (which I am in the tail end of) made many “worker bees” available to pay into the program, making it easier for Social Security to continue payments. After the Baby Boom comment, I asked her what would happen if the number of contributors changed in proportion to collectors. I still remember her blank stare, her difficulty with a response and her hollow reassurance that it wouldn’t happen. Fastforwarding (yes, a long time) to today, it appears I had a point. It seemed like musical chairs to me. What happens if and when the music stops? I did not intend to disrespect or challenge her; I simply thought I saw a vulnerability in the system. Over the years, other factors further changed the dynamics, including the fact that people are now living a lot longer. Today, I watch Social Security close in on insolvency while politicians continue to “kick the can down the road.” I think there is a better way. From what I’ve read from multiple sources, people would be far better off if employees were allowed to take their 6.2 percent mandatory contributions and invest them in the market according to their age, risk tolerance and financial goals and needs. In order to form my own opinion, I reviewed one of my recent Social Security statements, which included my entire history of earnings subject to the 6.2 percent tax. According to the statement, I will receive about $1,900 a month if I retire now. Looking at my wages, I calculated the tax I paid each year and added in the long-term rate of return in the stock market of 10 percent.
Then, I added it to the following year’s deduction, again adding 10 percent to that total and so on. The results were impressive. The interest alone on my contributions would yield $4,525.66 a month without touching the principle. So, if I only withdrew the same $1,900 a month that Social Security would give me, my nest egg would continue to grow. I have to admit that it took some doing on my part to crunch the numbers, but I can attest to the accuracy. I actually wanted to do this comparison for a long time. Some things to remember: 1. Social Security does not create wealth; it simply collects money from employees and pays it out to the retirees, much like a Ponzi scheme. 2. The “rate of return” on Social Security is generally considered to be around 1.5 percent annually (hardly an investment) versus the stock market 10 percent (over a 100-year period). 3. Despite being demonized by some, a “privatized” retirement program would build real wealth within each family and could be a great source for future education costs, housing, long-term care, etc. 4. Keep in mind that the number crunching I performed DID NOT consider the 6.2 percent the company paid out. If both halves (totaling 12.4 percent) went into my “market-based” account, then my retirement fund would be doubled. 5. I believe that many people seeing their nest egg grow may actually contribute more. 6. During the economic meltdown caused by the subprime mortgage debacle, the President at the time touted how lucky we were that Social Security was not privatized (as some proponents were pushing for at the time). He was either misinformed or simply misinforming us, as the numbers still held far better results with private accounts. In closing, I have spoken to an accountant and a financial planner, and both agreed my math was correct and that investing in the private sector (stock market) would far outperform Social Security. I am not saying to end Social Security tomorrow, but people should be given a choice with their mandatory contributions. In the meantime, I will watch the can get kicked further down the road. NJA
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Town Motors Audi 400 South Dean Street Englewood, NJ 07631 201.227.6506/6536 Fax: 201.541.0314 www.townmotors.com
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New Jersey Automotive | February 2021 | 21
LOCAL NEWS
NORTHEAST Rescheduled to September 10-12, 2021 The 2021 NORTHEAST Automotive Services Show will take place this year – just a little later than originally planned. Originally scheduled for March 1921, NORTHEAST 2021 is now set for September 10-12, 2021 at the Meadowlands Exposition Center (MEC) in Secaucus, NJ. “As the COVID-19 vaccines begin their rollout and the light at the end of the tunnel starts becoming clearer, AASP/NJ has decided – out of concern for everyone’s safety as well as taking into consideration current government restrictions and limitations on large gatherings and travel – to reschedule,” explains AASP/NJ President Jerry McNee. “AASP/NJ is focused on serving our industry and working with our community to provide the necessary support and information to prepare them for a successful 2021 event.” After speaking with vendors and association members, AASP/NJ is confident that the new dates in September will provide the automotive repair community with the time to effectively plan their participation during these challenging times. Protecting everyone’s health and safety remains AASP/ NJ’s priority. The association is working closely with the MEC to ensure a safe environment. The show will follow every prescribed health and safety protocol. “It looks like we will still be the first industry show of the year in September,” McNee says. “I know that everyone is anxious to get out and start getting back on the road to normalcy. NORTHEAST will be the first opportunity in over a year for our industry to gather, and we think it will be a very inspiring event for everyone involved. We expect NORTHEAST 2021 to be bigger and better than ever.” The Washington Metropolitan Auto Body Association (WMABA) has once again committed to providing live classes at NORTHEAST via the latest installment of its Collision Professional Repairer Education Program (Collision P.R.E.P.), which will launch with on-demand virtual courses this spring and conclude with in-person presentations at the show. Information and updates will be available at wmaba.com/collisionprep in the months leading up to NORTHEAST 2021. Additionally, Collision P.R.E.P. classes from 2020 are available for purchase and download on the WMABA website. Course topics include vehicle diagnostics and calibrations; repair documentation and liability; utilizing the vehicle owner’s manual to 22 | New Jersey Automotive | February 2021
educate consumers and insurers; business sustainability; and online marketing. With NORTHEAST 2021 set to convene in a brickand-mortar location this year, companies throughout the industry are already setting their sights on taking part in the festivities. Ray Moubarak, sales manager for CAM Auto, looks forward to traveling down from Québec, Canada to attend the show in person for the first time. In his mind, the Meadowlands Exposition Center is the perfect space for him to showcase his company’s various paintless dent repair (PDR) and glue-pulling products. “The demonstrations of our tools are never the same online as they are at an in-person show. We have new tools all the time; in order to best sell them, we need to demonstrate them in person. Attending NORTHEAST will allow us to do that, and that will make a big difference in our ability to show our tools to new people and provide training to those who use them.” A NORTHEAST exhibitor since 2004, the Amato Insurance Agency is excited to be a part of this year’s show – especially as the event is set to return to a live format. “We go to NORTHEAST to greet existing clients and meet new ones,” explains Amato Insurance Agency Principal Joe Amato, Sr. “The show is the best way for us to get out in front of people. Certainly, we can do things online, but nothing beats a good old-fashioned, face-to-face handshake. We work with a lot of AASP/NJ members and the industry at-large, so it’s nice to attend NORTHEAST and be able to see all their faces over a three-day period.” Pre-registered NORTHEAST 2020 attendees will not need to re-register, as badge data will be carried over to these new dates of September 10-12. For updates and information on NORTHEAST, please continue to visit the official event website, aaspnjnortheast.com, and visit AASP/NJ online at aaspnj.org. AASP/NJ thanks these generous sponsors for their support of NORTHEAST 2021: Platinum Sponsor: BASF; Gold Sponsor: Ford; Silver Sponsors: American Honda Motor Co., Inc., CARSTAR, NJ Parts of Flemington, PPG; Lanyard Sponsor: Innovative Solutions and Technology/ Spanesi; Attendee Prize Sponsor: Axalta Coating Systems; and General Sponsors: Harbortouch and Sherwin-Williams Automotive Finishes.
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24 | New Jersey Automotive | February 2021
New Jersey Automotive | February 2021 | 25
LOCAL NEWS
by ALANA BONILLO
Boggs Auto Collision Rebuilders Donates Vehicle to Driver in Need AASP/NJ member shop owner Jason Boggs (Boggs Auto Collision Rebuilders; Woodbury) and his team believe in giving back and helping those in need. Each December, Boggs Auto Collision Rebuilders donates a vehicle to a well-deserving recipient in the area. Boggs was at a 20 Group meeting 16 years ago when he learned about a body shop on the West Coast that repaired a totaled vehicle through AkzoNobel’s Benevolence Program and gave it to someone who was in need of transportation. “We thought, ‘What a wonderful idea,’” Boggs says. “What a way to lift up the industry and do something good for the community. It was something we were capable of doing, so we jumped on board.”
This past December, the Boggs Auto Collision Rebuilders team gifted a 2010 Mercury Milan to Dennis Snow of West Deptford (pictured far right).
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The shop has donated repaired vehicles to community members and organizations for the past several years. The business works largely with local churches, schools and organizations to learn about potential recipients. Most recently, Boggs Auto Collision Rebuilders gifted a 2010 Mercury Milan to Dennis Snow of West Deptford. “[Dennis] rides his bike to work every day; he was trying to save up for a car but was having trouble doing so. We did some background research, talked to his boss and co-workers and realized he was the right fit. Each year, someone just seems to rise way above the rest as the standout candidate for the vehicle, and it’s usually an easy decision.” Snow also received a $1,000 gas gift card from Enterprise Rent-A-Car as well as a year’s worth of vehicle insurance from local agency Cettei & Connell, who Boggs says never hesitates to contribute to the program each year. The shop gives away vehicles that are almost always totaled and often set to go to a salvage yard. Boggs works with the original owners and insurers to buy them back. From there, his team assesses the repairs needed. While vendors donated paint and materials for this endeavor in the past, the shop itself has taken on the purchasing of what is needed to repair the vehicles in recent years. “We just think this is such a great thing for the industry. Anyone in the automotive industry can usually find a car with some life left that needs some TLC. We hope others will get the message that they can do this too or be part of helping this continue. The donation day is always our favorite day of the year.” NJA
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New Jersey Automotive | February 2021 | 27
LOCAL NEWS
by ALANA BONILLO
AASP/NJ Launches Health Plan via Amato Insurance Agency Thanks to AASP/NJ, there is great news for members when it comes to health insurance. The association has worked with the Amato Insurance Agency, a division of World Insurance Associates LLC, to offer the AASP/NJ Association Health Plan to all members (even those out of state) who are in good standing. “We are really proud to be the first to bring this opportunity to New Jersey,” states Joe Amato, Sr., principal of the Amato Insurance Agency and AASP/NJ Allied Board member. A few years ago, the US Department of Labor expanded access to affordable health coverage for small businesses through Association Health Plans. AASP/NJ qualified and has been approved for this program, which allows the association to purchase healthcare benefits at competitive rates and provides unlimited major medical group coverage for businesses ranging from small owneroperated shops to megastores. “Because of AASP/NJ’s buying power, we have exceptionally priced products as low as $310 per month for an individual and $932 per month for a full family regardless of its size or age,” Amato explains. “Under the Association Health Plan, we can provide members with solid medical insurance that could be considerably lower than what they are paying now.” The Affordable Care Act-compliant plan is deductiblefree for preventative exams for annual physicals. Participants can choose from multiple deductible range options and HSA plans. The program, which boasts a large national network of doctors and hospitals, enables participants to utilize
“Because of AASP/NJ’s buying power, we have exceptionally priced products as low as $310 per month for an individual and $932 per month for a full family regardless of its size or age.” its services out of state. Other features include (with no copay) a 24-7 Teladoc service that allows them to call in and receive diagnoses, care and prescriptions over the phone. Additionally, there is a no-hassle service line available to all members for a quick response. “No more waiting for two hours for an answer!” Amato says. AASP/NJ members interested in learning more can contact Amato Insurance Agency Principal Joe Amato, Jr. at (732) 530-6740, ext. 412 or email him at joejr@ amatoagency.com. Members who already work with an Amato agent or service representative can continue to do so under the new plan. For more information on the Association Health Plan and other AASP/NJ member benefits, please contact Executive Director Charles Bryant at (732) 922-8909. Nonmembers who are interested in joining AASP/NJ in order to take part in the plan are encouraged to contact Bryant or the association’s administrative office at (973) 667-6922 to get started. In other news, the Amato Insurance Agency is pleased to announce that another AASP/NJ member benefit, the Workers’ Compensation Insurance Safety Group program through AmeriTrust, is paying an eight percent dividend this year. “Although dividends are not guaranteed, we have never missed paying a dividend in all the years doing this program,” Amato shares. “It really adds up to considerable savings and is a tribute to the exceptional performance by our group.” For more information, visit worldinsurance.com/ amatoagency. NJA
28 | New Jersey Automotive | February 2021
NATIONAL NEWS
Nissan Reiterates Support of OEM Parts/Procedures Nissan North America, Inc. has issued the following position statement on OEM repair procedures and guidelines (presented below with minor edits for clarity): Nissan North America, Inc. strives to produce vehicles with top safety and driving performance for our customers. New technology, body composition and other advancements are increasing at a faster rate than ever before. Advanced systems require inspections and validated repair procedures approved by the vehicle or system designers. All post-collision repairs, safety inspections, diagnostic trouble code resolution and system calibrations for each model and year can be found at Nissan TechInfo in the Electronic Service Manual (ESM). It is recommended to refer to the ESM prior to any repair or replacement to MGM SUPPLIES AD_NJA0720.qxp_Layout 1 6/23/20 2:00 PM Page 1 ensure that the proper inspection and repair guidelines are being performed by a qualified technician. The ESM contains information approved and validated by the Nissan engineering team responsible for each component
and/or body structure. Failure to adhere to these repair guidelines could result in an improper and, in some instances, unsafe repair. Failure to adhere to the ESM guidelines constitutes an unauthorized repair or inspection method. Parts Warranty Nissan North America’s New Vehicle Limited Warranty and Limited Warranty on replacement parts do not apply to any parts other than new Genuine Nissan Original Equipment Parts. Nissan North America is not responsible for any repair costs associated with a vehicle and/or part failure caused by the use of parts other than new Genuine Nissan Original Equipment Parts. For additional collision information, visit Collision. NissanUSA.com. Refer to the Electronic Service Manual (ESM) prior to any repair or replacement being performed. Information specific to each model may be found at nissan-techinfo. com. NJA
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COVER STORY
Here’s a fun fact about State Farm: Before a shop can take part in the nation’s largest auto insurer’s Select Service program, it must agree to more than 50 items outlined in a seven-page agreement. This has been a reality of this particular DRP since the beginning.
Nearly a decade ago, many Select Service shops (or “providers,” as the agreement calls them) were surprised and angered when State Farm enforced a provision in its agreement and demanded the use of the PartsTrader parts procurement tool. While the industry pushback was intense and well documented (with some shops going as far as to drop State Farm from their list of insurance partners), the ultimate message to those who elected to stay on the program was clear: Words in a contract matter, and State Farm is not afraid to exercise its control over those who sign on the dotted line. And as a tumultuous 2020 finally came to a close, word began to spread that the company was prepping a new mandate. As first reported by Repairer Driven News (RDN), State Farm is now directing all Select Service facilities to move to the exclusive use of CCC Information Services as their estimating vendor. It is an unexpected development for a company known for being liberal with a shop’s choice in platforms. But according to an email sent by State Farm to its providers (and later received and shared by 34 | New Jersey Automotive | February 2021
RDN), this previous mindset “can cause inconsistencies and duplication.” The email explained that State Farm is shifting to CCC to “streamline our processes and create a more consistent customer experience.” In addition to giving State Farm explicit power to designate the estimating system it wants its DRPs to utilize, the Select Service agreement states that the insurer “agrees to give the provider a reasonable timeframe in which to obtain the designated estimating vendor applications.” In this case, that “reasonable timeframe” ends on March 31. Fortunately, it appears that State Farm’s new allegiance with CCC has not (at least so far) been met with the same vitriol as the last time the carrier partnered up with a mandated vendor. Unlike PartsTrader, which first made its mark in Australia and New Zealand before arriving on our shores and forcing Select Service shops to play catch-up with a product they particularly disliked, CCC is already the market leader in the services it provides. One longtime Select Service participant tells us that he was already a fan of CCC’s “ease of use” long before State Farm’s latest edict. “There’s such a battle for business today among insurance carriers; they’re all trying to get an edge. One way to do that is to have one platform that does a lot of different things. It makes good sense for them to use CCC.” Other reactions from the field are a mixed bag.
by JOEL GAUSTEN “I’m very well aware that if State Farm wants some estimating platform. State Farm had not responded to New information [on us], they can get it out of that system,” Jersey Automotive’s requests for additional information by comments a Select Service shop manager. “State Farm press time, while no one from the insurer was available to is a big player to CCC, so they care more about them answer our questions when we brought them out in the than they do about my one shop. But if you’re running open at last month’s virtual Collision Industry Conference your shop right and not doing anything wrong, the insurer (CIC) – the last inter-industry meeting of its kind before getting that information is not a the move to CCC takes effect in big thing.” April. This radio silence is a far It appears that State Farm’s new “We’re locked into a cry from the level of information allegiance with CCC has not monopoly,” another Select and promotion (and, in many (at least so far) been met with Service shop adds. “I’m a DRP instances with automotive media, the same vitriol as the last time for State Farm, so I have to buy strategic offense) that State the carrier partnered up with a into it. My whole life revolves Farm laid out in advance of around DRPs right now. I do a lot mandated vendor. PartsTrader’s arrival in 2012. of business with State Farm, so I With the industry already give them what they’re looking for.” in a state of uncertainty as a result of COVID-19, State As for exactly what State Farm is looking for from Farm’s abandonment of its past position on estimating its new relationship with CCC, the insurer is being system selection and its clear refusal to explain this uncharacteristically tight-lipped. As of this writing in late decision publicly are two moves that open the door to new January, no comment (beyond the internal Select Service suspicion and concern. Although it’s possible that State email that a shop recipient thought to pass along to media) Farm simply doesn’t feel the need to bring out the bells has been made in regard to its decision to move to one continued on pg. 38
New Jersey Automotive | February 2021 | 35
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New Jersey Automotive | February 2021 | 37
COVER STORY
PRESIDENT’S MESSAGE
and whistles to tout a product that’s already largely embraced by the industry, the more likely conclusion is that all will be revealed once the remaining non-CCC Select Service facilities make the switch over the next few weeks. Either way, shops impacted by State Farm’s newest directive have the same choices they’ve had all along: Go with the flow or get out. For many who stay, sticking with State Farm means reluctantly hoping that the business generated outweighs being continually dominated by an outside party. As one AASP/NJ member says, “I have a good rapport with all my DRPs, but I’d be a fool to trust them.” NJA
a better chance of jumping on an insurance appraiser’s chest and pulling out their two front teeth with a pair of rusty pliers! It’s just not going to happen – and that should tell you something. At the end of the day, the shop is always the one responsible for the safety and quality of repairs. The liability is yours. On a related note, I’ve spent a lot of time lately thinking about something that came up in one of the Collision Professional Repairer Education Program (Collision P.R.E.P.) courses held by the Washington Metropolitan Auto Body Association (WMABA) in conjunction with last year’s virtual NORTHEAST. During his discussion on vehicle diagnostics and calibrations, Josh McFarlin of AirPro Diagnostics revealed that less than three percent of vehicles repaired during the fourth quarter of 2018 were calibrated. That figure jumped to seven percent for newer vehicles during the fourth quarter of 2019. Seven percent? Really? This industry is capable of better. If I didn’t believe that, I’d give up today. Now more than ever, shops in our state need to be active and involved in AASP/NJ. Look, I know how crazy things have been, and there are only so many hours in a day. But if you’re mainly focused on getting vehicles done and out the door, then you’re missing things going on around you that could seriously impact your ability to survive in this profession. To put it bluntly, a distracted and uneducated repair community is the insurance industry’s best friend. Add your voice to the shops pushing back against ignorance and control.
continued from pg. 35
continued from pg. 14
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New Jersey Automotive | February 2021 | 39
LEGAL PERSPECTIVE
Anatomy of a Personal Injury Case/Assault A holiday party was held at the home of an underage host. The parents were at their friends’ party in town. The Plaintiff, who was underage and drinking, was assaulted by up to five kids (four of whom were also underage and intoxicated). The Plaintiff was involved in two exchanges that led up to the final assault. He was hit directly in the jaw, causing him to fall to the ground and get knocked unconscious with what was later determined to be a bilateral fracture. (Was this the only blow that caused the fractures, or did the other exchange cause damage that made him vulnerable?) His injuries necessitated a significant surgery that installed wires and didn’t allow the Plaintiff to eat solid food for approximately two months. No one was able to identify the last assaulter (or if they were, they didn’t speak up). There was a significant criminal investigation. Ultimately, no criminal charges were pursued by the County Prosecutor’s Office. This decision was based on a number of factors:
40 | New Jersey Automotive | February 2021
• First, they did not know who threw the last punch that potentially caused all the damage, and no one was talking. • Second, they didn’t want to charge all of the individuals, because some of them may have been innocent. • Third, if a prosecutor doesn’t think they can make the charge stick, chances are they will not bring it. There appeared to be an abundance of “reasonable doubt” when looking at the Defendants – perhaps not as a group but certainly individually. So, the criminal Defendants were not indicted or even charged. Understandably, the Plaintiff and his parents were very upset. The criminal discovery was turned over to the Plaintiff’s attorney, who civilly sued all underage assaulters, the underage hosts of the party, the host’s parents (for failure to appropriately supervise the children and their home) and another supplier of alcohol who got it for some of the kids and brought it to the party.
by MITCHELL PORTNOI
The case had numerous issues, including the following: 1. Facebook and social media issues. What was admissible? Did parties get to invade the social media of adversaries? The answer was yes. 2. Cops videotaped some of the Defendants during the investigation. Did those videos come into evidence? The answer was yes. 3. The Plaintiff’s parents came on the scene within 10 to 15 minutes of the assault and saw their son with his jaw hanging off him. They were traumatized, and one of them sought psychological counseling. Was this actionable? The answer was no. 4. Did the assaulters’ homeowners insurance policies (actually their parents’ policies) come into play? The answer was probably yes, as most of the Defendants were able to get insurance companies to file answers, defend the matter and even contribute to the settlement of the case. At least two of the insurance companies also filed declaratory judgment actions, as they felt the actions were “intentional” as opposed to “negligent,” which they would cover. This issue was key to the resolution of this matter. 5. We videotaped all Defendant depositions. Some of the tapes ran into video problems in parts, so the Defendants made motions to prohibit their use at trial. This is denied by the Court. Ultimately, this case was mediated by a retired Superior Court judge and settled for over $250,000. NJA
New Jersey Automotive | February 2021 | 41
Co-celebrating decades of creating chemistry between two industry leaders
Here’s to 235 years of combined service excellence This year, as Albert Kemperle Inc. celebrates its 80th anniversary, BASF also celebrates its 155th anniversary. We are proud of our decades of partnership with BASF and years of serving the auto paint and body industry together. Kemperle’s founders would be proud of this relationship and the growth their company has experienced because of it. Today, as we look forward to many more decades of service to our customers, we find ourselves filled with gratitude. The creativity, hard work, and sense of responsibility of the people working for our two companies have made us what we are today. Thank you for your many years of loyalty.
626 E. Elizabeth Ave., Linden, NJ 07036 414-416 Madison Ave., Paterson, NJ 07524 631 Clifton Ave., Toms River, NJ 08753 100 Melrich Road, Cranbury, NJ 08512 4 Emery Ave., Randolph NJ 07869
Phone: Phone: Phone: Phone: Phone:
42 | New Jersey Automotive | February 2021
(908) (973) (732) (609) (862)
925-6133 279-8300 797-3942 860-2800 244-4818
Fax: (908) 925-4344 Fax: (973) 279-9030 Fax: (732) 797-0774 Fax: (609) 860-2801 Fax: (862) 244-4822 www.kemperle.com
Wishing You & Your Family a Very Happy and Healthy New Year!
NJ PARTS OF FLEMINGTON
NJParts Warehouse & Distribution Center 8 Minneakoning Road, Flemington
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Powered by New Jersey Automotive | February 2021 | 43
ARANJ
ARANJ Board of Directors
The Automotive Recyclers Association of New Jersey
David Yeager - EL & M Auto (800) 624-2266 / elandmauto@aol.com Ed Silipena - American II Autos (609) 965-0987 / esilipena@yahoo.com Norm Vachon - Port Murray Auto (908) 689-3152 / portmurrayauto@yahoo.com Dillon Rinkens - East Brunswick Auto (732) 254-6501 / ebautonj@comcast.net
ARANJ Officers
President - Rodney Krawczyk Ace Auto Wreckers (732) 254-9816 / aceautonj@comcast.net 1st Vice President - Daryl Carman Lentini Auto Salvage (908) 782-4440 / darryl@las-parts.coms 2nd Vice President - Mike Ronayne Tilghmans Auto Parts (609) 723-7469 / tilghmans@snip.net Past President - Bob Dirkes Dirkes Used Auto Parts (609) 625-1718 / dirkesauto@gmail.com
Wharton Insurance Briefs The New Jersey Workers’ Compensation Rating and Inspection Bureau released the newly promulgated rates for 2021: • Auto Dismantling rate remained the same at $15.58. • Auto Body Repair remained the same at $4.32. • Auto Repair remained the same at $5.69. • Clerical remained the same at $0.18. Iron or Steel Scrap Dealer remained the same at $13.61. • Salesperson remained the same at $0.42. • Store: Retail Accessories (Counterperson) remained the same at $4.76. PLEASE NOTE: The Store (Counterperson) code must be approved prior to use. The operation must be physically separated from salvage and
parts storage and must not have any interchange of labor. Also, the executive officers’ annual minimum payroll is $33,320 and annual maximum payroll is $137,280. Lastly, if your insurance policy is written in the New Jersey State Plan, you are going to be charged an additional 20 percent (minimum) for the Plan Premium Adjustment Penalty and will lose the Premium Discount. As always, if you have any questions regarding your insurance coverage, please contact us. Mario DeFilippis, AAI Vice President (732) 686-7020 (office) (908) 513-8588 (cell) mdefilippis@whartoninsurance.com
CONTACT US TODAY FOR A COMPETITIVE QUOTE ON YOUR NEXT COLLISION REPAIR ESTIMATE. CENTRAL AVENUE CHRYSLER JEEP 1839 Central Park Avenue Yonkers, NY 10710 Order Hot Line: (800) 967-5298 Fax: (914) 361-1508 www.centralave.com COLLISION LINK, REPAIR LINK AND PARTS TRADER
EASTCHESTER CHRYSLER JEEP DODGE 4007 Boston Road Bronx, NY 10466 Order Hot Line: (914) 597-7018 Fax: (718) 881-3014
FIT AND FINISH IS NO PLACE TO GET CREATIVE. 44 | NewNJA_Half_2020.indd Jersey Automotive | February 2021 1
WE COMPETE WITH AFTERMARKET PRICES! FREE DELIVERY!
Check out MoparRepairConnection.com for resources, promotions and technical information. ©2020 FCA US LLC. All Rights Reserved. Chrysler, Dodge, Jeep, Ram, Mopar and SRT are registered trademarks of FCA US LLC.
10/22/20 9:52 AM
Unsurpassed Quality. Genuine Hyundai Parts. HYUNDAI IS PROUD OF ITS REPUTATION FOR QUALITY AND SERVICE. SO ARE THE DEALERS AND BODY SHOPS WHO RELY ON GENUINE HYUNDAI PARTS. TO MAKE CERTAIN THAT YOU GET THE RIGHT HYUNDAI PART, ASK FOR A HYUNDAI WHOLESALE PARTS SPECIALIST. For Genuine Hyundai parts, contact an Authorized Hyundai Dealer. MAXON HYUNDAI 2329 ROUTE 22 WEST UNION, NJ 07083 TOLL FREE: 800-964-7281 FAX: 908-851-5631
LIBERTY HYUNDAI 371 ROUTE 17 NORTH MAHWAH, NJ 07430 201-529-3600 FAX: 201-529-3051
WAYNE HYUNDAI 1244 ROUTE 23 NORTH WAYNE, NJ 07470 PH: 973-646-0333 FAX: 973-694-1700 waynehyundai.com
New Jersey Automotive | February 2021 | 45
EMPIRE AUTO PARTS
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ADVERTISERS’ INDEX 1-800-NEW-PARTS..........................12-13 Acme Nissan........................................6 Accudraft.........................................47 Albert Kemperle............................... 42 Amato Agency..................................29 Audi Group.......................................21 BMW Group..................................... 32 BMW of Springfield...........................23 Bolt On Technology...........................4 Clinton Honda...................................26 Collision Solutions.............................35 Collision Supplies of New England......10 Empire Auto Parts.............................46 Flemington Audi................................5 Flemington Group............................. 43 Ford Group.......................................10 GM Group.........................................38 Hyundai Group..................................45 Innovative Solutions & Technology......2 Jaguar Land Rover Parsippany...........11 Jaguar Princeton...............................26 Klean Frame.....................................41 Kollective Auto Group........................8-9 Land Rover Princeton........................26 Lynnes Nissan East...........................11 Maxon Buick-GM..............................33 Maxon Hyundai.................................31 Maxon Mazda...................................31 Mazda Group....................................14 MGM Auto Body Supplies..................30 Mini Group.......................................33 Mopar Group....................................44 NUCAR............................................18-19 Paul Miller Subaru............................33 Porsche Group.................................39 Portnoi Law......................................40 PPG.................................................3 Reliable Automotive Equipment.........24-25 Sherwin-Williams/Sunfire..................48 Spanesi...........................................15 Subaru Group..................................17 Town Motors................................... 36 USI of North America....................... 27 Valtek..............................................41 VW Group........................................37 Wheel Collision Center......................46
New Jersey Automotive | February 2021 | 47