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CITY SIDE SUBARU 790 Pleasant Street Belmont, MA. 02478 Phone Number: 617-826-5013 FAX Number: 617-489-0733
COLONIAL FORD OF PLYMOUTH 11 Pilgrim Hill Road Plymouth, MA. 02360 Phone Number: 800-233-8109 FAX Number: 508-830-1658
NORTH END SUBARU 757 Chase Road (Rte. 13) Lunenburg, MA. 01462 Phone Number: 877-289-0053 FAX Number: 978-582-9843
COLONIAL CHRYSLER JEEP DODGE-RAM 24 Coolidge Street (Rte. 62) Hudson, MA. 01749 Phone Number: 978-568-8000 FAX Number: 978-562-1213
COLONIAL FORD OF MARLBOROUGH 428 Maple Street Marlborough, MA. 01752 Phone Number: 888-460-1125 FAX Number: 508-460-3464
COLONIAL SOUTH CHRYSLER JEEP DODGE-RAM 42 State Road (Rte. 6) Dartmouth, MA. 02747 Phone Number: 508-984-1900 FAX Number: 508-996-5801
COLONIAL CADILLAC 201 Cambridge Road Woburn, MA. 01801 Phone Number: 781-935-7009 FAX Number: 781-933-7728
NORTH END MAZDA 757 Chase Road Lunenburg, MA. 01462 Phone Number: 800-322-1241 FAX Number: 978-582-9841
COLONIAL VOLKSWAGEN COLONIAL SOUTH CHEVROLET 89 Turnpike Road (Rte. 9) 361 State Road (Rte. 6) Westborough, MA. 01581 Dartmouth, MA. 02747 Phone Number: 888-322-6570 Phone Number: 508-996-6266 FAX Number: 508-616-0445 FAX Number: 508-979-1219 COLONIAL VOLKSWAGEN OF MEDFORD 162 Mystic Avenue Medford, MA. 02155 Phone Number: 781-475-5200 FAX Number: 781-391-3506
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4 July 2020
New England Automotive Report
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475 Balise Mazda 635 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
CONTENTS
July 2020 • Volume 18, No. 7
28 34 DEPARTMENTS PRESIDENT’S MESSAGE by Molly Brodeur 8 | Peace and Love to You All
EXECUTIVE DIRECTOR’S MESSAGE by Evangelos “Lucky” Papageorg
12 | It’s All about the ZEROS
FEATURES
LOCAL NEWS
16 | Fire-Recovery Fundraiser Launched for Full Tilt Auto Body
NATIONAL NEWS
20 | NORTHEAST® 2020 Canceled, “Virtual” Options Planned
AASP/MA MEMBER SPOTLIGHT by Alana Bonillo 24 | LaRochelle Auto Body
ALSO THIS ISSUE 14 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS 15 | AASP/MA GOLF OUTING SAVE THE DATE
ADVERTISERS’ INDEX Accudraft Paint Booths ................................OBC Audi Group ....................................................17 Balise Wholesale ..............................................9 Best Chevrolet ..............................................25 BMW Group............................................................6 BMW/Mini of Warwick ....................................11 Boch Chevrolet ................................................33 Boch Hyundai ................................................33 Collision Supplies ..........................................35 Colonial Auto Group ....................................IFC Empire Auto Parts ..........................................37
Rays of Hope: AASP/MA Members Push through a Challenging Summer
34 | AASP/MA FEATURE
By Joel Gausten
Communication Breakdown: Shops & Insurers Clash over COVID-19
38 | LEGAL PERSPECTIVE
10 | AASP/MA MEMBERSHIP APPLICATION 15 | FOR SALE
28 | COVER STORY By Joel Gausten
By James Castleman, Esq.
Using the CAR Performance Standards to Your Advantage
Ford Group ....................................................31
Nissan Group ................................................23
Genesis of Norwood........................................33
PPG................................................................3
Honda Group ................................................18
Quirk Wholesale Parts ....................................26
Hyundai Group ..............................................39
Reliable Automotive Equipment ........................7
Ira Subaru ....................................................20
Sarat Ford Lincoln..........................................36
Ira Toyota of Danvers ......................................21
Sherwin Williams ..........................................27
Kelly Automotive Group ................................IBC
Subaru Group ................................................32
Kia Group ....................................................39
Toyota Group ................................................42
Linder’s, Inc. ..................................................9
Volvo Group ..................................................16
Long Automotive Group ..................................19
VW Group ....................................................30
Mazda Group ..................................................4
Wellesley Toyota/Scion ..................................13
McGovern Chrysler Jeep Dodge Ram ................41
Wheel Collision Center....................................37
Mopar Group ................................................22
New England Automotive Report July 2020 5
THEY’RE CALLED “ORIGINAL BMW PARTS” FOR GOOD REASON. FOR UNCOMPROMISING PRECISION AND INCOMPARABLE QUALITY, YOUR BMW CENTER IS YOUR ONE-STOP SHOP FOR EVERYTHING BMW. For Original BMW Parts, contact one of these authorized BMW centers: BMW of West Springfield 1712 Riverdale St. West Springfield, MA 01089 PH: 413-746-1722 FAX: 413-304-9009 bmwwestspringfield.com
BMW of Stratham 71 Portsmouth Avenue Stratham, NH 03885 PH: 603-772-0000 FAX: 603-772-9436 bmwofstratham.com
Tulley BMW of Nashua 147 Daniel Webster Hwy Nashua NH 03060 PH: 603-888-5050 FAX: 603-888-8427 tulleybmw.com
New Country BMW 1 Weston Park Ave. Hartford, CT 06120 PH: 860-240-7881 FAX: 860-240-7873 newcountrybmw.com
BMW of Warwick 1515 Bald Hill Rd. Warwick, RI 02886 PH: 401-821-1510 FAX: 401-823-0530 bmwofwarwick.com
BMW of Sudbury Wholesale Parts 68 Old County Road Sudbury, MA 01776 PH: 800-338-3198 FAX: 508-881-7578 bmwofsudbury.com
©2020 BMW of North America, LLC. The BMW name, model names and logo are registered trademarks. 6 July 2020
New England Automotive Report
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PRESIDENT’S MESSAGE
Peace and Love to You All
MOLLY BRODEUR
“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” - Martin Luther King, Jr.
s I sit here writing this message, our country is yet again in the midst of unprecedented turmoil. When I wrote my last message, we were at the beginning of the COVID-19 crisis, and now we are faced with new, more complicated challenges. My hope is that most of you are beginning to see an uptick in business with the reopening of the state. Perhaps your business model looks a little
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different, and you’ve pivoted to keep pace with the ever-changing landscape of collision repair as we move toward the “new normal.” By the time you read this, AASP/MA will have held its first virtual General Membership Meeting, and we have plans for upcoming virtual events that will help you thrive and benefit from the comradery that we have all missed. Conversely, as we reopen, we have a new set of obstacles. I do not like to “get political,” so I will do my best here to focus on the humanitarian crisis that is front and center right now. With the horrifying death of George Floyd, there is an understandable outcry for justice and accountability. There are peaceful protests that are being overshadowed by rioting, looting and destruction. As we watch our great country struggle to find its way – and with the messaging that desperately needs to be heard buried in the
Continued on page 31
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AUT M TIVE AASP/MA EXECUTIVE COMMITTEE
STAFF PUBLISHER
GRAPHIC DESIGNER
Thomas Greco - thomas@grecopublishing.com
Lisa M. Cuthbert - lisa@grecopublishing.com
SALES DIRECTOR
EDITORIAL/CREATIVE COORDINATOR
Alicia Figurelli - alicia@grecopublishing.com
Alana Bonillo - alana@grecopublishing.com
EDITORIAL DIRECTOR
PRODUCTION
Joel Gausten - joel@grecopublishing.com
Donna Greco - donna@grecopublishing.com
TREASURER Matthew Ciaschini IMMEDIATE PAST PRESIDENT Paul Hendricks LEGISLATIVE/ADALB COMMITTEE CHAIRMAN Tom Ricci
PRESIDENT Molly Brodeur VICE PRESIDENT Kevin Gallerani SECRETARY Gary Cloutier
AASP/MA STATEWIDE DIRECTORS 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
COLLISION DIRECTOR Rob DelGallo
AT-LARGE DIRECTOR Adam Ioakim
AASP/MA DIRECTORS Ray Belsito
Joshua Fuller
Alex Falzone
Kevin Kyes
Rick Fleming
Frank Patterson
Mike Penacho Andrew Potter Dana Snowdale
Bill Spellane Brian Stone
AASP/MA ADMINISTRATIVE OFFICE -New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2020 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com
WWW.AASPMA.ORG 8 July 2020
New England Automotive Report
Evangelos “Lucky” Papageorg: AASP/MA Executive Director
Alana Bonillo: AASP/MA Administrative Assistant P.O. Box 212 Marlborough, MA 01752 617-574-0741
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New England Automotive Report July 2020 9
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YES Please list my business as an AASP/MA member in good standing on the AASP/MA website for consumers to consider using for the collision repairs and assistance with the claims process. I understand this is a member benefit (_________ initials Date ___/____/2020) !
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"#$!%&'&%! 10 July 2020
New England Automotive Report
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New England Automotive Report July 2020 11
EXECUTIVE DIRECTOR’S MESSAGE
ZEROs
It’s All about the EVANGELOS “LUCKY” PAPAGEORG
o you remember the tactic used by the insurance industry back in the day to dissuade our legislators, the Insurance Commissioner and the public from backing the collision repair industry’s request for a Labor Rate increase? For as far back as I can remember, the insurance industry has used ZEROS to keep insureds fearful and collision repairers in check with regard to our rates. Every time there is a discussion about Labor Rates, ZEROS are added in succession to a figure. As an example, look at the figure 350,000,000. I used to say in a tongue-in-cheek way it is very easy to pull any old figure out of the sky by hooking your fingers into all those ZEROS. You don’t have to back it up with facts, because the number is huge enough to boggle the mind and numb the listener or reader. Insurers would threaten that it would cost insureds millions of dollars in premiums if our legislators allowed for or mandated a Labor Rate increase. The fear of constituents getting upset with their legislators was enough to squash any hope of financial relief for collision repairers. The reality of it all was that the figure only represented a very small amount of money by comparison to the overall premium paid by the insureds. I bring this up because insurers, not just here in Massachusetts but across the country, have been painting a very similar picture using the very same tactic of adding ZEROS. Currently, insurers are creating a very misleading picture that vehicle owners are reaping huge benefits from the millions of dollars insurers are rebating in premiums because everyone is stuck at home. It’s all those damn ZEROS that are making today’s insurers look like heroes. Just as in the case of the figure pulled from the sky regarding increased premiums, the end result to each policyholder is negligible by comparison to the huge savings and profits the insurance industry
12 July 2020
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is experiencing by its exploitation of the “COVID-19 stay-at-home” order. It is estimated that there has been a reduction of more than 80 percent in vehicles normally on our roads. The insurers have magnanimously granted an average 15 percent reduction in the collision portion of policies for approximately two months of policy coverage.
Currently, insurers are creating a very misleading picture that vehicle owners are reaping huge benefits from the millions of dollars insurers are rebating in premiums because everyone is stuck at home.
Let’s do the math: $1,350 (average policy in Massachusetts) divided by 12 months, multiplied by the two months of reduction, divided by 60 days (two-month period) equals $3.75/day per policy, which by comparison is insignificant verses the thousands upon thousands of dollars insurers are saving daily due to the decrease in driving and accidents. The rebated figure is actually much, much less because the insurers are not using the entire policy value, only the collision portion. What about the medical, substitute transportation, personal injury to others, etc. they are still collecting with ZERO liability? Keep in mind that the insurers only considered a rebate when called out by Attorney General Maura Healey here in Massachusetts. I do realize that something is better than nothing, but when that something is so minimal as to be an insult, is it really worth it? To add to this insult, consider that several insurers are either paying shops ZERO for the process of applying disinfecting materials to vehicles preand post-repair or are paying such a minimal amount it is not worth the liability to the shop.
Insurers are doing this while refusing to send their own (or independent) appraisers to shops for fear of the liability. But to hell with the health and wellbeing of the vehicle owner and the collision repairer. Yup, that is another zero; ZERO liability for the insurer. Let’s talk about more savings for the exploitative insurance industry. Using the COVID19 restrictions, which warranted temporary changes to the personal inspection requirements for the purpose of writing estimates and supplements, many insurers are paying ZERO for the additional administrative costs incurred by shops. These additional costs include preparing an estimate or supplement, taking multiple photos, downloading those photos, attaching them to the estimate/supplement, uploading the entire package and then waiting for a response. In many instances, this response is nothing more than the shop’s original estimate/supplement “redlined” without the benefit of a verbal negotiation. This process creates additional administrative costs in the form of an audit by the shops to find the shortfalls and the writing of an additional
supplement – all for a grand total of ZERO towards the shop’s costs. Keep in mind that the insurer has saved somewhere in the vicinity of $200 in costs associated with sending a staff appraiser to the shop and a lesser savings had it sent an independent appraiser. The bottom line is approximately $200 per claim is saved by the insurer with ZERO reimbursement for the shop for doing ALL the estimate-related work normally paid for by that carrier. You can easily do the math of the overall savings to the insurers. That is for each and every estimate and supplement needed. These issues have not gone unnoticed by AASP/MA. They have been brought to the attention of the governing agency, the ADALB; our legislators; and the executive offices of the Commonwealth. Not surprisingly, the response has been ZERO. Numerous letters and emails have been sent to Governor Baker, Lieutenant Governor Polito, Attorney General Healey and Insurance Commissioner Anderson. Granted, there are many issues brought on by the pandemic in need of attention by these individuals; however, AASP/MA Continued on page 33
New England Automotive Report July 2020 13
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Thanks to our VAP members for their continued support during this pandemic crisis.
SAVE THE DATE 2020 AASP/MA
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[LOCAL] NEWS
Fire-Recovery Fundraiser Launched for Full Tilt Auto Body n May 22, AASP/MA Board member Matt Ciaschini’s business, Full Tilt Auto Body in Easthampton, was destroyed by a devastating fire that began in the spray booth area of the facility. Two employees immediately attempted to extinguish it, but it quickly caught the ceiling and spread from there. Within four hours, the entire 12,000-square-foot facility – including over $1 million worth of specialized equipment, customer vehicles, documents and employees’ personal belongings – was destroyed. A GoFundMe campaign has been started to
O
help provide for the employees whose families rely on their income and help the business get a start toward rebuilding.
A GoFundMe campaign has been started to help provide for the employees whose families rely on their income. More about this tragic story can be learned by viewing a special video at youtu.be/CLaTcXBpXNs. To contribute to the GoFundMe campaign, please visit gofundme.com/f/full-tilt-fire. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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New England Automotive Report
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Mattie Audi 80 William S. Canning Blvd. Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com
Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860.282.0191 Fax: 860.290.6355 www.hoffmanauto.com
New England Automotive Report July 2020 17
It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit. Honda collision repair parts are engineered and manufactured to Honda standards. In the collision-repair business, time is money, and you canâ&#x20AC;&#x2122;t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it. For Genuine Honda parts, contact these Authorized Honda dealers. Bernardi Honda 960 Worcester Road Natick, MA 01760 Parts Direct: 800-247-3033 FAX: 508-651-1220 www.bernardihonda.com
Kelly Honda 540 Lynnway Rt. 1A Lynn, MA 01905 Parts Direct: 800-779-7466 FAX: 781-595-2898 e-mail: mpsomosjr@kellyauto.com
Honda of Enfield 20 Palomba Drive Enfield, CT 06082 Toll Free: 800-222-6632 FAX: 860-253-5419 www.liahondaofenfield.com
Honda North 382 Newbury Street Danvers, MA 01923 Toll Free: 800-882-9797 FAX: 978-774-9483 e-mail: eadams@iclautos.com www.hondanorth.com
Lia Honda of Northampton 293 King Street Northampton, MA 01060 Toll Free: 800-369-7889 Direct: 1-413-586-6043 FAX: 1-413-585-0502 www.liahondanorthampton.com
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New England Automotive Report
Schaller Honda 1 Veterans Drive New Britain, CT 06051 Toll Free: 800-382-4525 Direct: 860-826-2080 FAX: 860-826-2083 e-mail: jkiniry@schallerauto.com www.schallerauto.com
Lundgren Honda of Auburn 525 Washington Street Auburn, MA 01501 Toll Free: 800-777-2044 FAX: 508-721-0872 e-mail:pmccarthy@lhonda.com www.lhonda.com
Balise Honda 400 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
Balise Honda of West Warwick 509 Quaker Lane West Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
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[NATIONAL] NEWS
2020 CANCELED, “Virtual” Options Planned fter closely monitoring the COVID-19 situation both locally and nationwide for months, the Alliance of Automotive Service Providers of New Jersey (AASP/NJ) has made the difficult decision to cancel its 2020 NORTHEAST® Automotive Services Show at the Meadowlands Exposition Center in Secaucus, NJ. NORTHEAST 2020, originally scheduled for March 20-22 then postponed to August 21-23, will resume its normal schedule next year with show dates of March 19-21, 2021. “When we first realized the magnitude of COVID19 and postponed NORTHEAST in March, we hoped we wouldn’t be faced with this decision,” says AASP/NJ President Jerry McNee. “With the uncertainty about what restrictions will be lifted by August, we felt the public health and safety of our attendees, staff and
A
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volunteers outweighed any other considerations to go on with this year’s event and decided instead to plan for an even greater NORTHEAST in March 2021.” While statistical data throughout New Jersey continues to trend in a hopeful direction, the viability of holding NORTHEAST this summer remains too uncertain amidst no short-term timeframe of mass gatherings resuming in New Jersey. As of early June, mass gatherings remain prohibited by the state, with indoor gatherings limited to a maximum of 10 people. NORTHEAST show manager Thomas Greco of Thomas Greco Publishing adds, “The association struggled with making a final decision but ultimately determined the health and safety of everyone involved in NORTHEAST must remain our top priority, along
Continued on page 37
New England Automotive Report July 2020 21
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New England Automotive Report
1:30 PM
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Kelly Nissan of Lynnfield 275 Broadway (Route 1) Lynnfield, MA 01940 Toll Free: 800-698-9280 Fax: 781-598-8026 E-mail: BSherman@Kellyauto.com
Kelly Nissan of Woburn 95 Cedar Street Woburn, MA 01801 Phone: 781-835-3510 Fax: 781-835-3580 E-mail: mbosma@kellyauto.com www.kellyauto.com
Balise Nissan of Warwick 1350 Post Rd. Warwick, RI 02888 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475
New England Automotive Report July 2020 23
[AASP/MA MEMBER] SPOTLIGHT By Alana Bonillo
LaRochelle Auto Body
LaRochelle Auto Body is one of the newest members of AASP/MA.
ven during difficult times, members of the LaRochelle family have not let anything get in the way of serving customers with the same quality repair and personal service they have offered since 2011. LaRochelle Auto Body in Hinsdale was founded by Paul LaRochelle, whose experience with vehicles goes back well before he could even get behind the wheel. At the young age of 12, he was already working on cars, a skill he picked up while spending a lot of time at a friend’s father’s repair shop. “It’s where I cut my teeth, so to speak.” Paul would later go on to spend 23 years working for Dalton Auto Body in Dalton until he decided to go into business for himself. With his 13-year-old son, Steven, already showing a serious interest in collision repair, Paul wanted to start a business that he could leave to him one day. Using some of the funds he had saved up doing side restoration work on nights and weekends, he set up a one-man operation in a rented space. Just two years later, he was able to purchase commercial property where he was able to further grow his business. Paul sees his small operation – which also includes his wife, Colleen, who handles the office management and auto sales; Steven, who mainly works in the auto body shop; and two other employees – as a great
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New England Automotive Report
benefit to customers who feel better meeting and getting to know the people who work on their car. One of the things Paul appreciates about his chosen profession is the satisfaction that comes from rolling a car out of the shop and watching the customer not be able to point out where it was previously hit. Like most shop owners, the LaRochelles have certainly seen challenges due to the COVID-19 pandemic, but they are grateful that the shop has persevered through it all. Thanks to its auto body and auto repair services, the business has been able to hold its own despite a drop in sales on its used car side. Paul is also grateful to the clientele who have stuck by his family through thick and thin. “We never closed a day; we are very lucky. We are on the outskirts of Pittsfield, and I know of a lot of shops that have had to close or limit hours. Some of that has boosted our workload, as people need their cars repaired.” With safety for all in mind, the facility’s day-today operations include cleaning vehicles before they are returned to the customer. While Colleen is sure to wipe down every surface a customer may contact, they try to minimize in-person interaction via contactless pickups as often as possible and currently handle most payments electronically.
LaRochelle Auto Body recently joined AASP/MA, which has exposed the shop to a new way of looking at how to bill for the work it does. This knowledge has been particularly handy now that Paul and his team are handling even more paperwork and communication than ever before due to the pandemic. Fortunately, they have been getting reimbursed for their efforts. “We are now billing for things like administrative fees. Insurance companies rely on us to do their job, and that isn’t fair. Colleen has other things to do besides hold their hand. They want to work less and pay less, and we want to bill them for everything that we can. We are trying to make a living and keep our business alive.” Although it’s not as easy to clearly look into the future in light of current circumstances, Paul is optimistic that things will eventually return to normal. For now, he and the rest of his family will continue to press forward and do what they do best. “It’s challenging, but we are doing okay.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
Left to right: Kevin O’Brien (automotive technician), Colleen LaRochelle (office manager and used car sales), Paul LaRochelle (auto body technician), Steven LaRochelle (auto body technician), Matt Hoag (auto body and repair assistant/detailer). Front Row: Bo (shop greeter)
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New England Automotive Report
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[COVER] STORY By Joel Gausten
Rays of Hope: hese haven’t been the best of times, but this industry is far from over. Although nobody could have predicted everything that has transpired in our country – T and our world – over the last six months, the members of AASP/MA continue to move forward in their commitment to the motoring public. Back in March, AASP/MA At-Large Director Adam Ioakim saw his six-week backlog dry up at his shop, Hogan and Van Auto Body in Medford, just as the national lockdown began. As traffic on the roads dropped, so did the opportunities for his business to take in the usual amount of new work. The first half of the following month only generated a handful of non-drivable repairs, which caused concern on the shop floor until he was successful in securing a PPP loan. Thankfully, Hogan and Van has experienced a slow but steady increase in jobs since the end of April, while Ioakim has been able to keep the vast majority of his staff working. As the season moves on, he remains cautiously optimistic. “We’re watching the industry the best we can to see where it’s going to go. There are a lot of unknowns here, and that’s the difficult part. We have these upticks in business because everyone is going back on the roads, but are we going to have another COVID-19 surge and drop back off? The difficult part is knowing what’s going to be the trend with work going through the summer. We are hopeful that any decreases in traffic that persist through the summer will be offset by people staying local and those who may be going back to work in Boston taking their own vehicles instead of other transportation.” Fortunately, Ioakim reports that insurers have been largely receptive and understanding when they’ve received his charges for cleaning and applying disinfectant to vehicles. Much of this success has come from his steadfast position that such COVID-19-related procedures are legitimate and subject to compensation. “Every cost of doing business has a place in the resale of your product. Overhead is anything you have to pay for when that vehicle is not in your shop. I have to clean and apply sanitizer to that vehicle for the safety of my customers and employees, but that was only generated when that vehicle came in for a repair. It is unequivocally a cost of the job.” Like many AASP/MA members, he has found comfort and knowledge during the pandemic by closely following industry news and staying in regular contact with industry peers in Texas, Chicago, California and other major auto body markets. “We’ve been taking in all the information we can and making educated decisions that best suit our customers and employees and the business as a whole. We’re ready to adapt and move forward in whatever the new normal looks like. We’ll adjust. Shop owners have always been good at
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New England Automotive Report
AASP/MA Members PUSH through a Challenging Summer
doing that, and part of that ability is networking with other shops here and in other states.” Of course, he has also found insights and support from the AASP community in Massachusetts and beyond. “I was in contact with Jack Lamborghini and Brian Bernard of Total Care Accident Repair [Raynham] and Andrew Potter of North Amherst Motors [Amherst] a lot during the height of the pandemic. It was a great support system and extremely helpful to have those connections through AASP/MA. I was also in touch with Jerry McNee of AASP/NJ, which shows the strength of the AASP national network, too.” A professional shop owner since 1975, AASP/MA Board member Bill Spellane (Spellane Auto Body; Worcester) has weathered several industry crises over the decades. While the COVID-19 pandemic is certainly a unique situation, he plans to ride it out just as he did with other major threats to the business. “This reminds me of times in the ’80s when we’d have recessions. We’d have five guys on the floor and one or two cars to fix. We’d always hope for that next week to make things better. I think we’re in that type of environment now; I’m just hoping that next week gets a little bit better.” At a time when rumors of some shops closing their doors in Worcester and beyond are circulating throughout the state, Spellane is quick to remind his fellow shop owners of just how resilient and cyclical this industry truly is. “People ask, ‘What are these empty restaurants going to do?’ As long as that facility exists somewhere on the street, there will be a younger person with a lot more energy who will come in and try to open that restaurant again and put another sign up. It’s the same with body shops; you never see them stay empty for very long.” Although Spellane Auto Body has seen a considerable drop in business in recent months, the shop’s namesake reports that things are beginning to pick up. The facility’s manager, Shane Herbert, adds he has not experienced much pushback from insurers on his estimates despite largely having to conduct this work via photographs at the carriers’ insistence. “It’s all in your negotiation skills and how you approach the appraiser,” he says. “I’ve always been methodical in how I deal with them. If you’re angry and mad upfront, you’re going to get angry and mad results.” After months of limited automotive traffic and a drop even in cosmetic repair work, Tom Ricci of Body & Paint Center of Hudson is another facility owner who’s understandably facing an unusual summer. Thankfully, the PPP loan has enabled him to maintain his full staff during the crisis despite a 44 percent reduction in incoming jobs. “We have been very fortunate. We have not had to close the doors; my heart goes out to anyone who had to for a couple of weeks because of Continued on page 36
New England Automotive Report July 2020 29
Genuine Volkswagen Collision Parts Are a Call or a Click Away. The best repairs start with the best shop-supplier relationship. Contact the following Authorized Volkswagen dealers by phone, fax or email to get the parts you need, when you need them. Mattie Volkswagen 80 William S. Canning Blvd. Fall River, MA 02771 800-678-0914 fax: 508-730-1283
Lia Volkswagen 140 Elm Street Enfield, CT 06083 860-698-6890 fax: 860-265-7840 www.liavw.com
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475
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New England Automotive Report
Mastria Volkwagen 1619 New State Highway Raynham, MA 02767 Toll Free: 888-581-1146 Direct Parts: 508-802-9955 fax: 508-802-9966 email: vwparts@mastria.com www.mastriavw.com
PRESIDENT’S MESSAGE
Continued from page 8
aftermath – it’s hard not to get disenfranchised and overcome with a feeling of helplessness. We’ve watched businesses destroyed by looting and fire and livelihoods and family legacies ruined. In the midst of it all, we must rise above and focus on what is truly important and at the root of it all, which is love, humility, acceptance, tolerance and an outright rejection of racism – of any kind and in any form. We’ve all worked diligently to create a workplace environment that we can be proud of – caring for our team and our customers and going above and beyond to be sure everyone feels valued and appreciated. We can take these lessons and apply them to all areas of our lives. In my own personal struggle to make sense of
it all, I’ve found great comfort in the words of Martin Luther King, Jr. He was a peaceful, brilliant man whose messages still ring true. Wouldn’t it be the ultimate gift to our fellow men and women to have finally learned the lesson that we are all human and on this journey of life together? We must make space for all that has happened, to process it and to come out on the other side united – not divided – in our quest for equality. Godspeed to all of the brave police officers across this great nation who continue to protect our citizens and make the right choices day in and day out. Peace and love to you all. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA PRESIDENT MOLLY BRODEUR is the chief operating officer of Al Brodeur’s Auto Body in Marlborough, MA. She can be reached at (508) 485-1082 or molly@albrodeur.com
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New England Automotive Report July 2020 31
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New England Automotive Report
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EXECUTIVE DIRECTOR’S MESSAGE Continued from page 13
has not even received the courtesy of an acknowledgement. A copy of the letter to Commissioner Anderson is included in the latest issue of the Damage Report newsletter. The ADALB was immediately responsive to a call by the insurance industry for an emergency meeting to make the appraisal and supplement process easier for carriers. When the insurers’ exploitive practices began to surface and multiple requests for additional emergency Advisory Rulings were requested, ZERO members of the ADALB representing the insurance industry could find the time to discuss ways to protect the consumers of Massachusetts. Not ADALB Chairman Donovan, not ADALB insurance company Board members Samantha Tracy and Peter Smith and not ADALB Legal Counsel Michael Powers. A very plausible reason for this is that they have ZERO to gain from addressing the issues. One more ZERO to
consider is that the ADALB has not held an open meeting allowing for input and discussion of issues being faced by consumers and repairers since January 21. In today’s world of technology, interactive meetings are very easily facilitated, yet ZERO have been held. There is one ZERO I truly hope to avoid by bringing these facts to your attention. We will be soliciting your assistance to address these issues. The response cannot be a haphazard one. You must show your frustration and anger in force of how consumers and you, the collision repairer, have been affected by this pandemic. Your voice must be heard! It cannot be just one voice here and another voice there; it must be one voice followed by multiple ZEROs. We can and will have an impact. We can truly come together even though we are being forced apart!!!! PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org
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New England Automotive Report July 2020 33
Communication
[AASP/MA] FEATURE By Joel Gausten
Break d
Shops & Insurers Clash over COVID-19 elcome to the insurance industry’s new Wild West. W As shops in the Commonwealth continue to grapple with the realities of COVID-19, they do so largely without the support of state government. As reported in last month’s New England Automotive Report, AASP/MA sent correspondence in April to Massachusetts Commissioner of Insurance Gary Anderson (and copied to Governor Charlie Baker, Lieutenant Governor Karyn Polito and Attorney General Maura Healey) requesting immediate action on COVID-19-specfic auto body issues, including proper time allowances for the application of disinfecting materials, proper reimbursement for
own
required PPE items and coronavirus-related administrative costs and the inclusion of “hazard pay.” As of early June, the association has not received a single response to these letters. This lack of acknowledgement and action, coupled with the fact that the Auto Damage Appraiser Licensing Board (ADALB) has not met since an emergency teleconference on April 9, has led the insurance industry to operate in the Commonwealth without comprehensive oversight and left auto body professionals to duke it out with carriers alone without proper regulatory support during the pandemic. “The COVID-19 situation has been truly exploited
by the insurance side of the equation,” comments AASP/MA Executive Director Evangelos “Lucky” Papageorg. “They have no qualms about using it to their advantage.” Naturally, much of the pandemic-related tug of war between shops and insurers stems from a lack of cohesion with respect to how carriers are handling vehicle cleaning charges. “It varies greatly; there’s no rhyme or reason to it,” Papageorg says. “One insurance company said, ‘COVID-19 isn’t mentioned anywhere in our insurance policy as something we have to pay for.’ Well, until six months ago, whoever heard of COVID-19? Why would it be?” While the insurance industry’s response to shops’ requests for payment for COVID-19-related procedures remains wildly inconsistent, he stresses that repairers should continue to
perform these procedures and push for proper compensation. “I echo the old WreckCheck philosophy that if you’re taking payment for something, then you’re automatically taking the liability for it. Unless you’re being paid enough to cover that liability, then you ought to reconsider accepting the minimal amount you’re being offered. The fact that some insurers are offering to pay as little as a half-hour and a few dollars toward materials is not sufficient enough to take on the liability for the application of a disinfectant should either an employee or the vehicle owner get sick and potentially point to you as the source.” Over at Cloot’s Auto Body in Westfield, owner and AASP/MA Secretary Gary Cloutier is dealing with more than just getting paid for applying disinfectant. With social distancing still a factor in everyday life, he is growing increasingly
frustrated over the delays and logistical demands caused by insurers’ refusal to handle estimates on an in-person basis. “I’m doing their job for them. Now, we’re taking more pictures than we normally have to. I’m sitting here just spinning my wheels, which pulls me away from doing other stuff.” Not surprisingly, basing estimates solely on photographs has led to an avalanche of supplements. For example, Cloutier was given 1.5 hours to repair a damaged door when actually viewing it in person clearly showed that it needed to be replaced. “At first glance when you stand back and look at the door, it doesn’t look that bad until you bend down and really start looking at it. Then, you start to see all the problems that this door has.” Cloutier went as far as to use a marker to circle the damage before Continued on page 40
New England Automotive Report July 2020 35
[COVER] STORY
Continued from page 29
business dropping off. It hasn’t been easy, but we haven’t had to do that. We generally run about three to four weeks out. The blessing for us with that was that it carried us three to four weeks into the COVID-19 ‘essential business’ period. That’s why we didn’t really feel it until most recently.” As COVID-19 carries on, Ricci has been “getting compensated in some fashion” by most insurers for his shop’s work to keep vehicles as clean and safe as possible before and during repairs. Additionally, no technician enters a vehicle without wearing gloves and a mask. Above all, Ricci’s goal for the second half of 2020 is keeping inshop morale high while so much in the industry – and society itself – remains uncertain. “I think everybody has ‘COVID19 of the brain,’ because there’s nothing at all normal about what’s been happening the last two months.
Don’t forget to smile: The restaurant bell that AASP/MA member Tom Ricci hits whenever a new job is received at his shop, Body & Paint Center of Hudson
An eight-cylinder motor runs when it’s on eight cylinders, not four. It’s difficult for people to stay in gear and 100 percent engaged with so much going on that’s negative.” While the industry works to rise above a very unpredictable time, Ricci is doing what he can to bring an
air of fun and positivity to Body & Paint Center’s daily operations. These days, it’s not uncommon to hear a restaurant bell go off in the shop whenever a vehicle is lined up for repairs. “We ring the bell when we book a job so that people out in the shop can dance – and they dance!” Before they even start the day, Ricci’s employees are welcomed by a funny picture – often of animals doing silly things out in nature – by the electronic time clock. Sometimes, it’s the little things that make the biggest difference. While there is no crystal ball to determine how things might go for the rest of the year or beyond, the Massachusetts collision repair community will face whatever comes next with determination and a will to survive. As Ricci’s current email signature says, “Stay safe, stay healthy and stay positive! As a community,we will get thru this together AND be stronger by this.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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SARAT FORD, WHERE CUSTOMERS BECOME FRIENDS! 36 July 2020
New England Automotive Report
[NATIONAL] NEWS Continued from page 20
with providing all with a highquality trade event that is not only safe, but worthwhile for exhibitors and attendees alike.” To honor the experience you expect from an in-person trade show, AASP/NJ is thrilled to announce an online NORTHEAST event for the weekend of August 21-23. The virtual experience will allow attendees to enter an online NORTHEAST portal and access exhibitors’ products, videos and information and even schedule a private meeting. Educational opportunities will also be available in concert with the NORTHEAST-exclusive Collision Professional Repairer Education Program (P.R.E.P.), presented by the Washington Metropolitan Auto Body Association (WMABA). Exhibitors will be contacted by event management ASAP to discuss all options. Watch for more details coming soon from AASP/NJ and WMABA, and go to bit.ly/ NEPREPemailsignup to be added to an e-blast list for important announcements about NORTHEAST and Collision P.R.E.P. “As shop owners ourselves, we know everyone will be looking to get out and see what they missed,” McNee added. “We know that come March, there will be a pent-up demand to get back out to the NORTHEAST show for all the latest in equipment, technology and education. We look forward to seeing everyone March 19-21, 2021.” For more information on NORTHEAST, visit aaspnjnortheast.com. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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[LEGAL] PERSPECTIVE By James A. Castleman, Esq.
Using the CAR Performance Standards to Your Advantage n two recent articles, I I explained how Performance Standards issued by Commonwealth Automobile Reinsurers (CAR) for its participating insurers can affect the way that collision repair shops deal with their customers’ carriers. In one article (in the November 2019 issue), I explained why the Standards still continue to make “cost containment” a big issue for insurers settling auto damage claims. In another article (in the February 2020 issue), I explained how, on the flipside, some of the Standards also put pressure on insurers to make sure they comply with governing statutes and regulations when settling those claims. It is the purpose of this article to give some suggestions, based on the CAR Standards, for specific tactics that may work for repair shops when dealing with insurers. Understand, however, these are merely suggestions that may be more acceptable to some shops and less to others, and that they may work with some insurers and not with others. Consider how you operate your business, your experience with each insurer you deal with and whether any of the suggestions in this article may be of assistance to you or if you can come up with your own ideas of how to deal with the Standards. That being said, consider the following: Make sure that your ducks are in order before you even start negotiating with an insurer. The initial sections of the CAR Performance Standards deal with time limits within which certain claim-handling procedures must 38 July 2020
New England Automotive Report
be followed by insurers. Other sections detail what insurers should do when a claim is made to make sure that it is not fraudulent and that there is coverage for it. When you have a claim come into your shop, do not hesitate to make quick initial contact with your customer’s insurer and provide as much information about the claim that you can. Further, document everything that you are doing. Keep records of all emails to insurers and all telephone conversations. Try to make it as easy as possible for an insurer’s appraiser to be able to view a vehicle as soon as possible, and be prepared to negotiate on the spot with the appraiser in a meaningful way. The CAR Standards specifically recognize the requirement that an appraiser be assigned within two business days of receipt of a claim, and also that an appraisal must be completed within five business days of the assignment. When insurers get audited by CAR, this is a specific matter that is looked at, i.e., were these time limits met? While it is not your job to do so, if you can contribute to an insurer and their appraiser meeting these standards, then you may give yourself a bargaining chip in negotiating the claim. On the other hand, if you give an insurer notice of your customer’s claim and a gentle nudge to come out and appraise the damage and that company does not do so in a timely manner, then you may have something to hold over its head when negotiating. Also, before you get involved in a claim, try to assure that the
insurer may not have an excuse for not paying it. A VERY significant portion of the CAR Standards deal with what issues an insurer should be looking at when a claim is made to make sure that it is not fraudulent and that there is coverage. Does the damage really reflect what your customer says happened? Do you have any reason to believe that the car is actually garaged in an urban area, but that it is insured in suburbia? Is there old damage that the insurer is not going to cover? Is someone from the Special Investigations Unit looking into it? If you think that the insurer is questioning the claim, be careful; you don’t need to repair a car that you are not going to get paid for. Be prepared to establish legitimate parts costs and document why an aftermarket, rebuilt or LKQ part is not appropriate for a repair. The Standards require that insurers have programs in place to try to be able to pay discounted parts prices and to insist on the use of aftermarket, rebuilt or LKQ “where appropriate.” Be prepared to show why you need to get a certain price for a part. If an aftermarket part is not going to fit correctly, may compromise safety of the vehicle or if the vehicle was in mint condition before the accident, be prepared to document why use of the part is not “appropriate.” What does the aftermarket part look like? Does it fit correctly? What do manufacturer standards or independent safety tests standards say? If you can supply information to the
0
insurance appraiser establishing why such a part is not appropriate, then they can document it in their file, giving the insurer a basis for why they approved the new part if the insurer is audited by CAR. Be prepared to justify your hourly Labor Rate and why you need a certain amount of time to make a particular repair. Under the CAR Standards, insurers â&#x20AC;&#x153;must have a plan designed to seek the most competitive Labor Rates and times and determine whether Labor Rates, repair and replacement times are reasonable and consistent with industry-recognized sources.â&#x20AC;? Because of this, be prepared to justify why the Labor Rate you are charging is fair and why you need a certain amount of time to make a repair. In setting and trying to negotiate your Labor Rate, look at the Labor Rate generally charged by shops in your geographic area. Do you have a higher overhead because of where you are located? Are you completing a specialty repair or repairing a highend vehicle? Do you have specialized expertise? What do other insurers pay you for a Labor Rate? If you are making mechanical repairs, what would a dealer mechanical shop charge for those repairs? Do you get your rate for repairs not covered by
insurance? Again, be prepared to document and show the insurance appraiser something that they can throw into their file to justify why they are paying your rate if CAR audits that claim. Also, be prepared to justify why you need a certain amount of time to make a repair. Is the time a judgment call? If the computerized estimating system calls for a particular time, are there circumstances that justify why more time is needed? Does a part need to be cleaned and prepared to make it fit? Do the surrounding areas of the car need to be prepared? Will more time be required on your frame machine because the damage is worse than anticipated by the estimating system? Once more, give the appraiser something they can use and document in their file to show why they allowed what you asked for. Understand why time for repair or storage is important to the insurer. The CAR Standards require insurers to pay for as little storage time as possible and try to make sure that repairs are completed in a timely manner. Storage time costs insurers money, and lengthy repair times add to insurer rental car payments. Again, while it is not your job to do so, if a car is sitting in storage for a 1:51 PM Page 1
Continued on page 41
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New England Automotive Report July 2020 39
[AASP/MA] FEATURE
Continued from page 35
taking even more photos for the insurer’s benefit. As of this writing, he has yet to receive an okay from the carrier to proceed with the door repair despite the extra time to properly address what was needed for the job. While this scenario would test any shop owner’s patience, the absence of direct negotiations between shops and insurers in the state has resulted in even more extreme stories. Papageorg reports that some shops are being told by insurers to leave vehicles out in their parking lots in order for appraisers to perform physical inspections alone without direct interaction with shop personnel. This scenario recently played out for an AASP/MA member who had an insurance appraiser finally appear to review a supplement in person – two weeks after it was initially submitted – but only if the vehicle was left outside. According to the member, the appraiser took four hours to review this vehicle as well as an earlier job that had been tied up due to the stonewalling of multiple supplements. Additionally, the carrier claimed to have not received certain emails from the shop regarding this job along the way. In this shop owner’s mind, this kind of negligence makes the expedited supplement process meaningless. “They need to be here to look at the vehicle. If they have the ability just to hang up on you and not
negotiate anything further, what good is it?” Of course, all of the extra steps this member has had to take – ranging from removing a vehicle from the lift to bring it outside to making multiple calls and sending numerous supplements – comes at a price that he will likely never see paid by the insurer. “It shouldn’t be this complicated – and they don’t want to pay me for my extra work. They’re saving by not having their appraiser come out here and saving on the expense of that appraiser’s car, but they expect me to do all the work they’d be doing if they came out here and looked at the car.” “They’re saving hundreds of dollars on every single claim by not sending out an appraiser and not being willing to reimburse a shop for the administrative costs that facility is now incurring,” Papageorg adds. No stranger to insurer-related payment issues, AASP/MA member Jack Lamborghini (Total Care Accident Repair; Raynham) has also seen new problems arise as more carriers push for the use of photo estimating. “If they came out here and talked to us directly, we could say, ‘This is why I have to replace this part.’ But since they’re not coming here in person, many of the appraisers are emboldened to say, ‘I don’t see where that part needs to be replaced.’ Then, they will ask for more pictures, creating more administrative costs that they don’t
want to pay us for. I think the ability for them to say ‘no’ because they don’t have to come out and directly see it, feel it and touch it allows them to think they’re just going to continue to chop and slash.” The frustrations and additional time common to this type of back and forth have added new strains on Lamborghini’s shop, which is currently down 45 percent in sales since the first quarter of the year. “The single biggest driver for collision repair is people on the road. Obviously, for the last several months, that’s been dramatically reduced. Every insurer I’ve talked to says their claims are 70 to 80 percent less than what they’ve been. Because their claims counts are so down, they have a bunch of people with next to nothing to do. So, they’re going to spend time scrutinizing everything and saying, ‘We really shouldn’t be paying for this.’ They’re going to run everything up the flagpole to see if you salute it.” Like a number of other shop owners in Massachusetts, Lamborghini is dismayed over the lack of action by the ADALB and their inability to enforce the regulations. “We have nowhere to turn. Insurers are just running rampant over the regulations.” With collision repairers now struggling to move forward with COVID-19 and the lowest average Labor Rate in the country, he believes that the need for genuine Labor Rate reform in the
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New England Automotive Report
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Commonwealth has reached a critical level. “If nothing else, what’s happened here highlights our need to get paid fairly from a Labor Rate standpoint. It has to change; we can’t have volume go down and expenses go up and continue to
repair cars at our current average rate. It’s just beyond absurd.” Even as America slowly begins to return to more regular work and life schedules, it appears that the COVID-19 pandemic will have lasting effects on the shop/insurer dynamic. Only time will tell if state
[LEGAL] PERSPECTIVE Continued from page 39
lengthy amount of time, it may be worthwhile to give the insurer a nudge. If it works and you have saved an appraiser some embarrassment, then maybe they will be more responsive as to what you are looking to get paid for the repair. If they don’t respond in a timely manner, then they will be on the hook for your additional storage charges, and it wasn’t your fault. Know your insurer, know your appraiser and make your own determination as to what to do based on how you think they will react. Consider asking for items that are not addressed in the Performance Standards. Aside from some matters ancillary to the repair itself (total losses, towing, etc.), the previously listed items are the major ones addressed in the CAR Standards. If you can legitimately charge for items not covered, then do so and emphasize those issues when
agencies will step up to help or if the current environment will be allowed to become even more adversarial as customers – the people who matter most – stay stuck in the middle.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
negotiating a claim. What do the P-Pages say? Are pre- and post-repair scans required? Do you need to apply disinfectant to a car during the current COVID-19 pandemic? Do you provide pick-up and drop-off service? Do you charge for it? Conclusion Again, these are only suggestions, but it is important to know what insurers are required to do under the CAR Performance Standards. If you know those requirements, you just may be able to use these suggestions, or ideas of your own, to your advantage to get the bottom line that you need. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 4723424 or at jcastleman@prclawoffice.com.
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