New Jersey Automotive September 2020

THE OFFICIAL PUBLICATION OF THE ALLIANCE OF AUTOMOTIVE SERVICE PROVIDERS/NEW JERSEY (WWW.AASPNJ.ORG) AND THE AUTOMOTIVE RECYCLERS ASSOCIATION OF NEW JERSEY (www.ARANJ.org)

SEPTEMBER 2020 $5.95

How Insurers Are Using COVID-19 to Take Advantage of Shops Professional Liars “Business as Usual”?

AASP/NJ Virtual Meeting Recap

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2:46 PM

P.O. Box 734 Neptune, NJ 07753 EXECUTIVE DIRECTOR Charles Bryant 732-922-8909 / setlit4u@msn.com 2019 - 2021 OFFICERS PRESIDENT Jerry McNee, Ultimate Collision Repair, Inc. 732-494-1900 / ultimatecollision@att.net

coNteNts

VOLUME 50 NUMBER 9 | September 2020

cover story

COLLISION CHAIRMAN Dennis Cataldo, Jr., D&M Auto Body 732-251-4313 / jr@dnmautobody.com

30 How Insurers Are Using COVID-19

MECHANICAL CHAIRMAN Keith Krehel, Krehel Automotive Repair, Inc. 973-546-2828 / krehelauto@aol.com

to Take Advantage of Shops

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 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

PUBLISHER Thomas Greco / thomas@grecopublishing.com SALES DIRECTOR Alicia Figurelli / alicia@grecopublishing.com GRAPHIC DESIGNER Lisa M. Cuthbert/ lisa@grecopublishing.com EDITORIAL DIRECTOR Joel Gausten / joel@grecopublishing.com EDITORIAL/CREATIVE COORDINATOR Alana Bonillo / alana@grecopublishing.com OFFICE MANAGER Donna Greco / donna@grecopublishing.com 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 © 2020 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.

10 14

out of body aNd (mechaNical) experieNces presideNt’s messaGe

16

executive director’s messaGe

44 NJA advertisers’ iNdex

local NeWs 20

united in the fight: aasp/NJ hosts first-ever virtual “town hall”

by

NatioNal NeWs 22

department of Justice to preserve 1963 consent decree

26

sema show canceled; industry Groups plan alternative events

collisioN p.r.e.p. NeWs 28

Wmaba’s collision p.r.e.p. dives into “bulletproof” files

automotive recyclers associatioN of NeW Jersey 41 Wharton insurance briefs

by Mario DeFilippis

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 | September 2020 | 7

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OUT OF BODY (AND MECHANICAL) EXPERIENCES by thomas Greco, publisher

Where have all the payphones Gone?

I honestly can’t believe what is going on. I mean, have you noticed that payphones have been disappearing across the nation? I can’t believe the government would stoop so low and remove these valuable American assets in hopes of stealing an election. The world has gone crazy. This is the final straw!

When I was growing up, it seemed like there was a payphone on every block. Now, as I drive around, I can’t even find one. Those damn government agents must be gathering them up so people can’t call others Page 1 to tell them how to vote. How devious is the government? How low will they go?

I think it’s time for Congress to subpoena Alexander Graham Bell, Ma Bell and anyone else who might be involved in this conspiracy. Then, they should come up with a $24 billion bill to vote on so that we make sure the government doesn’t continue this devious plan to steal an election.

Wait, it’s not payphones? It’s mailboxes? Ohhhh.

My bad.

How ridiculous is all of this? When will it all end?

November 3? We can only hope.

Back to the post office. I love the post office. Our business would not survive without it. But is it perfect?

No, and it hasn’t been for years. Several times a year,

LYNNES

AUTO GROUP WHOLESALE DEPARTMENT

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Parts: 800-782-7597 E-mail: John@lynnes.com www.lynnesnissan.com Hours: M-F 7:30am - 6pm, Sat 7:30am - 2pm 5 Alva Street | Bloomfield, NJ 07003

we have to track down our mail. We call our local post office, and they tell us to call the regional distribution center. When we call the distribution center, we never get an answer. Two days later, we finally get our mail.

IT’S BEEN LIKE THAT FOR DECADES. Only now it’s an issue? And it’s true that I had two mailboxes on my block when I was a kid. They’ve been gone since Clinton was president. BUT NOW IT’S AN ISSUE? Is there anything left they won’t politicize? I can’t watch sports anymore. I can’t watch the news anymore. I can’t go to a Columbus Day Parade anymore. Now, I can’t even mail a freaking letter without being bombarded by some kind of protest.

Honest to God, the only things left to watch are reruns of shows like The Odd Couple or The Bob Newhart Show. It's the only place you can go without getting preached to. Half the time when I’m watching, I find myself saying, “They could never get away with that today.”

What a shame that it has come to this. But it’s our own fault. We elect these idiots. We watch these games. We buy their products. If we didn’t support them, they wouldn’t be able to turn our world upside down and shove their views down our throats.

You would have thought that COVID-19 would have brought us all together for the greater good and made us band together to fight a common enemy. It didn’t happen. Call me “boomer,” but I blame social media. It has given every narcissistic person with their self-absorbed, selfish opinions the voice they would never have had 20 years ago. With NO accountability.

Social media is a destructive, morally corrupt tool that has caused more problems than we ever thought imaginable. It feeds the media beast like a virus much more devastating than COVID-19.

I really wish we could go back to writing and mailing letters instead. So, bring back those NJA mailboxes. And those payphones...

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12 | New Jersey Automotive | September 2020

New Jersey Automotive | September 2020 | 13

professional liars

PRESIDENT’S MESSAGE by JERRY MCNEE

It’s getting ridiculous out there.

Over the past few months, I’ve been getting call after call from members telling me about some of the crazy things insurers are pulling these days. Running a body shop during a pandemic is frustrating enough, but the stories I’ve been hearing out in the field are adding even more stress and strain to our industry. With insurers insisting on photo estimating – something they’ve been trying to push for years but now have the chance to exploit under the guise of “social distancing” – it’s not uncommon to see a week or more added to the length of a repair. This has been happening as the result of shops trying to negotiate with appraisers and dealing with supplement after supplement to address things not captured on any of these supplements or in the initial pictures.

To make matters worse, many insurers are flat-out refusing to negotiate claims at a time when they are

pushing us to do everything in a “virtual” fashion. In addition to using their tired excuse that they will only pay what is “usual and customary” in a market (which means nothing since THEY are the ones setting the rates), one insurer in particular is shooting off letters to customers stating, “We can’t come to an agreed price with the shop” while refusing to do any negotiating with those facilities whatsoever. Honestly, I’m not surprised to be getting calls like these, as the same exact thing has been happening at my shop. At the same time, I have insurance appraisers telling me with a straight face that they don’t pay markups on sublet items. When I hand them a pile of past claims where they did pay for these things, they have the nerve to tell me, “Those were mistakes.”

What?!

Here’s another one: Not too long ago when my shop

Continued on page 25

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“business as usual”? i don’t think so!

EXECUTIVE DIRECTOR’S MESSAGE by CHARLES BRYANT

“Business as usual” couldn’t be more off base in describing what is taking place these days. AASP/NJ had to cancel its in-person NORTHEAST® Automotive Services Show – the largest regional industry event of the year. We haven’t had a real in-person, face-to-face meeting in months. Insurers are insisting on the use of photos to prepare estimates on damaged vehicles, and members of the collision industry are now attending Zoom meetings on a regular basis.

Not only are we are being forced to come up with creative ways of running our businesses, but we are being pushed to come up with creative ways to live our lives.

People started staying at home when the pandemic first began, which resulted in less business for the collision industry because there were fewer accidents. Issues like who was or wasn’t considered an essential business had to be worked out. Certain businesses were ordered to close down and stay closed until further notice. Although collision repair shops were allowed to stay open, some closed down anyway because there were either no vehicles coming in or many just felt that it was the right move until things got better. Some shops are still closed today, and some may not make it back. We will just have to wait and see where things go from here.

In the meantime, we all have to find new ways to deal with the changes caused by the COVID-19 pandemic. It has become a regular thing for people who are out and about to wear masks. It is common to see signs that say, “No Mask, No Service.” Since masks have become mandatory, people have gotten creative and started making what I like to refer to as “designer masks.” Some feature lips and a nose, and others feature designs like flowers and stars. I must say some are quite beautiful. The bottom line is that wearing a mask now seems as common as wearing a jacket when it’s cold.

With that said, let’s get a little more specific on the changes that those in the collision industry are experiencing as the result of this pandemic. As more and more people start getting out again, there are naturally more accidents. As a result, more work is coming in.

However, fewer and fewer appraisers are showing up to inspect damaged vehicles and work out agreements with shop owners on repair methodologies and costs. Instead, insurers are now insisting that shop owners take photos of the damage and send them in, and then someone who works for the insurer attempts to negotiate an agreement with the shop on what the final cost will be.

That brings us to a very interesting question: Just who is on the other end of the phone attempting to negotiate repair methodologies and costs with collision shops?

16 | New Jersey Automotive | September 2020

Based on actual cases, it is becoming pretty obvious that it is not an experienced appraiser familiar with the repair of damaged vehicles – especially modern ones. Instead, it appears that some insurers have decided to eliminate experienced appraisers and replace them with inexperienced people who seem to have no idea about what it takes to repair a vehicle. To add insult to injury, the insurers seem to have given these inexperienced claim reps the authority to deny payment for necessary repairs, as they claim they are not able to justify the amount requested based on the photos submitted by the repair facility.

Here’s an example of what we’re seeing: A collision shop may have a repair job that will cost in the $7,000 – $8,000 range. The person assigned to handle the claim asks the repair shop to take photos of the damage and send them to the insurer along with an estimate. Shortly after, the repair shop gets an estimate back from the insurer for somewhere in the $1,500 – $2,000 range. When the shop calls the insurer, the response is, “That is all we can justify based on the photos you sent.” The shop’s natural response is, “Then get out here and look at the damage.” The insurer responds that they are not going to do that and usually says it has something to do with the COVID-19 virus. Next, the claim rep requests the shop take some more photos and send them in. Reluctantly, the shop complies and sends many more photos to the claim rep.

Then, the insurer sends the shop another supplement for a few hundred dollars. However, the amount of the first insurance estimate and the insurer’s supplement is still thousands of dollars away from what it will take to repair the vehicle. Yet, the insurer still refuses to send someone out and often requests that the shop tear the vehicle down so the photos are more likely to show the full extent of the damage. Again, reluctantly, the shop tears the vehicle down and sends many more photos along with another supplement. But this time, the insurer calls the shop back and says, “Unfortunately, now the vehicle is a total loss.”

The shop’s response is, “Fine, then get it out of here so we can move on.” However, when the shop submits the bill for charges incurred (like the estimate fee, teardown charges and storage fees), the insurer says they won’t pay storage charges until the point when the vehicle became a total loss. They attempt to claim that the vehicle just became a total loss when the shop submitted the last supplement that drove the repair cost over the threshold.

When I first started getting calls of this nature on the AASP/NJ Hot Line, my response was, “Are you kidding me?” I couldn’t believe what I was hearing. However, after

a few more calls, it set in that certain insurers were actually trying to get away with this type of underhanded conduct. First of all, the reality is these vehicles did not become total losses when the last supplements were submitted; they became total losses when the accidents occurred. It just took the insurers weeks to figure it out by playing the ridiculous photo estimate game. This is a typical example of why the NJ Auto Body License Law has a provision that prevents a collision shop from preparing an estimate based on photographs, telephone calls or any means other than personal inspection of the vehicle. Since this is the standard in the law that governs collision shops that are actually performing repairs, it is certainly a standard that insurers should be held to as well. This provision is in the law because it is impossible to prepare an accurate estimate based on photos of vehicle damage.

Secondly, it doesn’t matter if the vehicle is a total loss or repairable; the insurer owes for storage either way. Yes, that’s right – the insurer owes storage on the vehicle regardless of whether it’s repairable or eventually determined to be a total loss.

If you have a look at any standard auto insurance policy, you will find what is commonly referred to as the “Duty to Protect” provision. Under this provision, you will see a statement that reads something to the effect of:

Duties Under the Physical Damage Coverages

When there is a loss, you or the owner of the covered vehicle must: a. protect the covered vehicle from additional damage. We will pay any reasonable expense incurred to do so that is reported to us.

(Emphasis added.)

This issue of an insured’s duty to protect a vehicle from further damage while awaiting repair has been to court numerous times, and the courts have upheld the concept of an insured’s obligation to both protect a vehicle from suffering further damage after a loss and the insurer’s obligation to pay for the expense to do so. The NJ Department of Banking and Insurance website also makes it clear that an insured has the obligation to protect a vehicle from additional damage after a loss. It further explains that if an insured doesn’t do so, an insurer can deny payment for any additional damage that occurred as the result of an insured’s failure to protect the vehicle from further damage.

This is just one of the ridiculous arguments that certain insurers have attempted to make since the pandemic Continued on page 35

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LOCAL NEWS by Alana Bonillo

uNited iN the fiGht:

aasp/NJ hosts first-ever virtual “town hall” Auto body professionals can use all the help they can get in the fight to receive fair reimbursement for safe and proper repairs. With this in mind, AASP/NJ set out to arm its members with necessary resources and

20 | New Jersey Automotive | September 2020

knowledge via the association’s firstever virtual “Town Hall” meeting on August 19.

AASP/NJ Executive Director Charles Bryant focused attendees’ attention on state regulations governing

auto physical damage claims and unfair claim settlement practices, highlighting language that shop owners need to be aware of and understand in order to protect their rights as well as the rights of insured consumers. He explained that although insurers conducting business in New Jersey are supposed to follow these rules, the lack of a private right of action prevents lawsuits against carriers that violate them. This only leaves the option to make a complaint with the New Jersey Department of Banking and Insurance.

However, the Department will only act once it has received enough complaints to show a general business practice.

Bryant likened the ineffectiveness of this system to a police officer not being able to issue a ticket to someone for running a red light unless that person is caught doing so three times. Therefore, speaking out by way of filing a complaint to the Department is key in bringing upon action that can lead to positive and more immediate change.

Properly filing a complaint involves getting the customer to permit the shop to file on their behalf as a designated representative.

“If we want these regulations to work, you have to make the complaints.

You have to stop what you are doing, take the time and write [them].”

Addressing another concern in the Garden State, Bryant stressed that it is reasonable for shops to charge insurers for time spent taking photos. Due to COVID-19, most insurers have refrained from sending appraisers to inspect vehicles in person. To ensure proper reimbursement, shops should ask insurers to sign an agreement up front letting them know they will charge for photo services. If the insurer refuses, then an appraiser must come out and inspect the vehicle.

Another frustrating issue for shops involves insurers playing what Bryant called the “picture game over and over” only to declare the vehicle a total loss in the end. In many cases, this is followed

Continued on page 44

department of Justice to preserve 1963 consent decree NATIONAL NEWS

The Society of Collision Repair Specialists (SCRS ) – a national group comprised of 40 affiliate associations (including AASP/NJ) that represent 6,000 collision repair businesses and 58,500 specialized professionals – recently announced that it had received assurances from contacts in the US Department of Justice (DOJ) and Senate Judiciary Committee that the 1963 Consent Decree will be maintained with no plans to terminate the agreement.

In April 2019, the DOJ announced plans to review nearly 1,300 antitrust judgments enacted without end dates. Four months later, the 1963 Consent Decree was identified as part of the larger de-regulatory initiative. AASP/NJ joined SCRS and several other auto body associations across the country in pushing for support of the document. This extensive campaign included members of the AASP/NJ community writing and/or signing on to letters to key lawmakers.

“The agreement between the insurance industry and the US government was to forever refrain from practices that were established as anti-competitive means of steering, price fixing and depressing and controlling automobile material damage repair costs,” comments SCRS Executive Director Aaron Schulenburg. “Alongside the excellent grassroots response from our membership, SCRS and our representatives

22 | New Jersey Automotive | September 2020

effectively communicated the very real concern that a rollback of the agreement would further embolden those prohibited behaviors to the detriment of the motoring public.”

The 1963 Consent Decree forbade three insurance trade associations and their members (more than 250 at the time) from engaging in several practices, including setting prices and steering automotive repair work away from certain auto body facilities. The insurers and co-conspirators involved in the Decree were permanently barred from (among other things) placing into effect any plan, program or practice that had the purpose or effect of: (1) sponsoring, endorsing or otherwise recommending any appraiser of damage to automotive vehicles; (2) directing, advising or otherwise suggesting that any person or firm do business or refuse to do business with (a) any appraiser of damage to automotive vehicles with respect to the appraisal of such damage, or (b) any independent or dealer franchised automotive repair shop with respect to the repair of damage to automotive vehicles; Continued on page 35

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New Jersey Automotive | September 2020 | 23

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Paul Miller Audi 179 Route 46 East Parsippany, NJ 07054 Toll Free: 800.35.MILLER Parts Direct: 973.575.7793 Fax: 973.575.5911 www.paulmiller.com

Bell Audi 782 Route 1 Edison, NJ 08817 732.396.9360 Fax: 732.396.9090 www.bellaudi.com

Audi Brooklyn 211 63rd Street Brooklyn, NY 11220 Phone: 718.492.6400 Fax: 718.492.8899 rmerchant@audibrooklyn.com www.audibrooklyn.com

Town Motors Audi 400 South Dean Street Englewood, NJ 07631 201.227.6506/6536 Fax: 201.541.0314 www.townmotors.com

24 | New Jersey Automotive | September 2020

Jack Daniels Audi of Upper Saddle River 243 Route 17 Upper Saddle River, NJ 07458 201.252.1500 Fax: 201.254.1552 tbabcock@jackdanielsmotors.com www.jackdanielsmotors.com

Audi Bridgewater 701 Route 202-206 N Bridgewater, NJ 08807 929.600.9156 Fax: 908.595.0237 parts@audibridgewater.com www.audibridgewater.com

PRESIDENT’S MESSAGE

Continued from page 14

was repairing a 2020 vehicle, the insurer wrote for the use of aftermarket parts within their supplement even though we supplied invoices for OEM parts and pictures of them painted. With zero negotiations or attempts to work it out with us, they sent a letter to the customer saying, “If you’d like, we can recommend a place for you to have your car repaired for the estimate we’ve written if you ask.” The repairs had already started! The insurer did not communicate with us at all; we found all of this out through our customer, who supplied us with a copy of their supplement and letter.

It is clear to me that several insurers out there are violating laws and regulations without any concern.

Some treat the line they’re not supposed to cross like a rubber band. They keep stretching it; when push comes to shove, it snaps back and they say, “We never crossed that line.” Other insurers don’t seem to care about that line at all. How many chances does an insurance company get to clean up its act without facing any consequences? Insurers can break the rules time and time again without any fear of repercussions.

In my mind, the only real solution we have to these issues is to get our customers involved as much as possible. Nowhere in a customer’s insurance policy does it say that the insurer will under-indemnify them.

Insurers have called me “unprofessional” for setting up three-way calls with my shop, the customer and their insurer or copying vehicle owners on emails, but I do it anyway. Why? Because the customer absolutely needs to be involved; they need to know they are not being treated properly by the companies they pay to insure them.

Not too long ago, I was explaining to a customer how their insurer was delaying the whole process by giving my shop pushback over necessary repairs. He said to me, “I don’t know how you do it.” I replied, “You’re only seeing a fraction of what we go through.”

We’re not the Big Bad Wolf; all we want to do is repair the vehicle. We all need to have the proper documentation available for the customer so they can clearly see who’s telling them the truth. If you stand your ground, it doesn’t take long for that customer to see who’s lying to them. They need to be involved.

NJA

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MEMBER New Jersey Automotive | September 2020 | 25

NATIONAL NEWS

CANCELED; Industry Groups Plan Alternative Events SEMA, the Specialty Equipment Market Association, has announced that due to COVID-19 and concerns that event facilities and services will be unavailable, the SEMA Show will not be taking place in 2020.

While both event organizers and industry members had been working to still host the SEMA Show at the Las Vegas Convention Center in November, mounting uncertainty rendered continuing with the event inadvisable.

SEMA expects the decision will bring much-needed clarity to an uncertain picture and will help exhibitors, attendees and partners plan accordingly.

Recent SEMA Show survey results indicated interest in a possible virtual trade show with related live elements.

SEMA will be working with industry members to determine interest levels on specific alternatives. The Collision Industry Conference (CIC) has already scheduled a virtual meeting for November 11 and 12, while the Society of Collision Repair Specialists (SCRS) is currently exploring alternatives to the events it had originally planned to host at the Show. An update on CIC and SCRS activities will be featured in next month’s New Jersey Automotive. “The SEMA Show is committed to furthering businesses in the automotive specialty equipment market and to providing manufacturers and buyers with the best opportunity to connect, promote new products and discover new trends,� said Chris Kersting, SEMA president and CEO, in an official statement. “We appreciate the spirit, hard work and innovation our industry puts into the SEMA Show each year. While we are disappointed circumstances prevent us from hosting the Show in November, we look forward to getting everyone together in 2021 for another outstanding event.�

Full refunds for SEMA Show exhibitor booth deposits and attendee registration fees will be issued. Updates will be posted to SEMAShow.com.

NJA

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COLLISION P.R.E.P. NEWS

Wmaba’s collision p.r.e.p. dives into “bulletproof” files Despite the cancelation of the in-person version of AASP/NJ’s 2020 NORTHEAST® Automotive Services Show, the Washington Metropolitan Auto Body Association (WMABA) has made the commitment to provide a virtual version of the Collision Professional Repairer Education Program (Collision P.R.E.P.) it had originally developed for the brick-and-mortar event.

On August 6, this year’s Collision P.R.E.P. schedule kicked off with “Documenting for Repair Process and Liability, and Building a Bulletproof File,” a Zoom presentation by Mark Olson of VECO Experts. The hour-

long discussion emphasized the importance of shops building a “bulletproof file” as a means of shielding themselves from possible litigation.

Not surprisingly, the most important element to any “bulletproof file” is documentation that the repairs were properly performed to meet OEM requirements/ recommendations. Olson also stressed that consumers need to be made aware of – and authorize – the use of their personal data during a repair.

“You are actually putting a device into a customer’s car that is going to transmit their data to a third party.

Now, what is the third party doing with that information?

Do you have the customer’s authorization to actually do that? [That’s] very, very important.”

Olson cautioned that even the most common shop practices could come under scrutiny in a court of law. For example, he suggested that shop owners consult with their insurance agents to verify their insurance coverage and exclusions before taking a vehicle for test drive. He explained that he has been made aware of instances where neither the consumer’s insurance policy nor the shop’s insurance carrier covered a shop employee getting behind the wheel for that purpose.

The complete schedule of remaining Collision P.R.E.P. virtual presentations appears below.

NJA

Collision P.R.E.P. ViRtual EVEnts sChEdulE october 22 – 1pm Est

september 30 – 1pm Est

utilizing the Vehicle owner’s Manual to Educate Consumers and insurers [Mike anderson, Collision advice; danny Gredinberg, dEG]

Have you ever thought about reviewing the vehicle owner’s manual before writing an estimate or before processing the vehicle in your repair facility? In this course, Collision Advice shares with you some of the golden nuggets found within the owner’s manuals. Educate the vehicle owner as to why their vehicle may not be drivable or may need seat-belt inspection, OEM repair procedures and more!

28 | New Jersey Automotive | September 2020

Vehicle diagnostics & Calibrations: Know What You Know…But More importantly, What You don’t Know [Chuck olsen, sVP-automotive technology & Josh McFarlin, VPstrategic Business operations, airPro diagnostics]

Confucius said, “To know what you know and what you do not know, that is true knowledge.” John Locke said, “No man’s knowledge can go beyond his experience.”

The presenters of this topic will illustrate and reinforce the importance of both statements relative to vehicle diagnostics and calibrations and the proliferation of advanced driver assistance systems (ADAS) in vehicles manufactured today.

The amount of knowledge, information and misinformation (or myth-information) on the subject is staggering. Collision repair owner/operators, management staff and technicians must know and perform what is necessary and required for every manufacturer, every vehicle, every time (or

utilize a service provider who does), which is daunting and often misunderstood. This fact-based session will help to prepare shop owners, managers and technicians for success when encountering new vehicles and ensuring compliance to manufacturer specifications.

november 18 – 1pm Est

tackling online storefront Presence for the Collision Repair Business [Bill Enross, cPrax Marketing]

This fast-moving presentation will talk about how to have an effective website that gets found locally and promotes your skillsets and/or certifications. The discussion will also explore how to get good reviews or respond to negative ones.

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New Jersey Automotive | September 2020 | 29

COVER STORY by a Shop Owner Trying to Survive

How Insurers Are Using COVID-19 to Take Advantage of Shops

How long is this idiot gonna hang around?

I’m looking through my front office window at an appraiser from my least favorite insurance company. He’s been outside my shop for a good four hours now, and I have no idea when he’s finally going to wrap up and split before giving me a chance to review – and probably lose my mind over – whatever he’s writing. Of course, I’ve been told I can’t go outside and talk to him or even see what he’s doing – social distancing and all – so I can only guess how insane the end result of this guy’s visit is going to be.

So much for negotiating.

This whole day has been a bitch. I had to take one of the vehicles off the lift and bring it outside before this guy arrived. I could have used that outside space for something else. And now he’s going to stay out there for

30 | New Jersey Automotive | September 2020

half a day? And what about all the emails I sent this guy’s bosses about the problems I’ve been having with these repairs along the way?

“We never got them,” I’m told. Never a dull moment with these people. Things shouldn’t be this complicated, especially when I’m already here around the clock making sure this place is clean and my customers and employees are as safe here as I can possibly make them. I had a buddy a few states away who just died of this thing, and now his son is left to decide whether the shop stays or goes. That’s what’s going on in the real world, and now I’ve gotta deal with this guy out in my lot? But hey, I guess I should be happy he’s actually tying up so much space in front of my shop right now. After all, it took me two weeks to get his ass here.

He’s supposedly out there reviewing two jobs that have been tied up for too damn long. I’ve been in this business 30 years; I know how to write for a damaged car.

But no, the fact that my shop’s fixed hundreds and hundreds of cars means nothing to this bunch. And now they want me to be a professional photographer and secretary on top of it. Why should I have to do their work for them without pay? I’m not sitting around at home all day looking for ways to chip away claims. I’m here killing myself every day to stay in business, and now I’m stuck pissing time away taking pictures for somebody plopped on the couch thinking they have the same expertise I do.

Here’s the deal: There was no way photos could have captured everything wrong with these two cars. With one of them, I was given a whopping 1.5 hours to repair a door

based on a photo. If an insurance appraiser had shown up here on Day One, they could have just bent down and looked at the thing to see that it had to be replaced. Nope; I had to take time away from what I was doing to take more photos to justify my supplement. I even took a marker and circled the damage I saw before snapping away with my camera again. Will that even matter when Mr. Four Hours wraps up whatever he’s doing? I doubt it. So, that’ll probably lead to more BS I don’t have time for. I’m tired of having to do administrative work for a bunch of people who haven’t spent one damn day fixing cars in the real world.

Look, I get it. We’re dealing with a virus that’s killed people I know and have made others very sick. We should all be playing it safe these days, but this whole thing has given the lunatics the keys to the asylum. I’ve never seen insurers this out of control. I’ve been around long enough to know that these companies have been trying to push photo estimating through the slot for years. Now, they’ve finally found a way to take it off the shelf and throw it at us.

I had an insurer tell me the other day that they will only pay for what they can verify in the photos submitted. I’ve heard some sleazy crap from insurers over the years, but this one is unreal even for them. The next time I get a calzone from the place down the street, I’m going to tell them I’m only going to pay for the bread because the photo I took didn’t pick up the meat and cheese inside.

Anyway, let’s move on to my second least favorite insurer. They’ve been giving me a whole different headache. They called me earlier to inform me they finally declared one of the cars here a total loss. Considering how many supplements I sent them over this thing, this isn’t exactly a revelation to me. But now they’re telling me they’re not going to pay my storage charges that accumulated during the time it took them to get their act together and figure out that the photos didn’t tell the tale.

Am I just supposed to give those charges away? I don’t care if it takes them one day or one year to figure out that a car is a total; I’m owed my storage charges. I didn’t cause the delay – they did. Again, maybe if these clowns would actually show up at my shop…

And then there are all the “take it or leave it” guys. You know the scumbags I’m talking about. These are the companies that dictate to you what they will pay for repairs rather than make all reasonable efforts to reach an agreed price with you. Call me crazy, but I’m pretty sure a lot of states have regulations that govern fair claim settlement practices – and I don’t think COVID-19 has done away with any of them. It’s amazing what insurers will pull when the powers that be are too distracted to watch the store. You have to be a real piece of garbage to use a virus as an excuse to screw people out of what they deserve.

They’re also playing games with parts. Remember

Continued on page 42

New Jersey Automotive | September 2020 | 31

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FLEMINGTON CHEVROLET BUICK GMC CADILLAC 211 Highway 202 Flemington, NJ 08822 Phone: 877-657-2787 Fax: 908-782-1795 www.njparts.com

NU CAR CHEVROLET 172 North Dupont Highway New Castle, DE 19720 Phone: 800-633-6606 Fax: 800-346-5285 parts@nucar.com www.nucar.com

32 | New Jersey Automotive | September 2020

FRED BEANS PARTS 131 Doyle Street Doylestown, PA 18901 Phone: 877-942-3267 orders@fredbeans.com www.fbparts.com

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34 | New Jersey Automotive | September 2020

NATIONAL NEWS

Continued from page 22

(3) exercising any control over the activities of any appraiser of damage to automotive vehicles; (4) allocating or dividing customers, territories, markets or business among any appraisers of damage to automotive vehicles; or (5) fixing, establishing, maintaining or otherwise controlling the prices to be paid for the appraisal of damage to automotive vehicles, or to be charged by independent or dealer franchised automotive repair shops for the repair of damage to automotive vehicles or for replacement parts or labor in connection therewith, whether by coercion, boycott or intimidation or by the use of flat rate or parts manuals or otherwise.

AASP/NJ Executive Director Charles Bryant views the DOJ’s decision to maintain the Consent Decree as a considerable victory for the collision repair industry.

“Although the Consent Decree has never been fully enforced, it has been extremely useful in numerous lawsuits to support the fact that the practices referenced in it are in fact illegal. For this reason alone, it is imperative that the 1963 Consent Decree remain on the books forever.

“When the DOJ proposed to cancel the Decree and set a deadline of September 2, 2019 for interested parties to provide public comment on the government’s proposal, SCRS and its affiliated associations jumped into action to prevent it from being terminated.

AASP/NJ created an automated online petition, and it went crazy. In no time, we had over 1,900 people sign it.”

Additionally, Bryant was quick to express gratitude to SCRS for its part in coordinating the national effort.

“Aaron Schulenburg assisted and guided the members of SCRS and other associations across the country in an allout effort to prevent the Consent Decree from being canceled, and to learn that our efforts worked is great news.

Everyone involved in this effort should be commended for this great achievement.”

NJA

EXECUTIVE DIRECTOR’S MESSAGE

Continued from page 17

started. There are many more. It is a shame that any insurer would even attempt to take advantage of someone who has paid good money for the coverage they have – never mind in these hard times we are now experiencing. The good news is that AASP/NJ is watching closely, and we stand ready to assist our members when this type of unfair conduct occurs.

If you are a member of AASP/NJ and have had this happen to you or one of your customers, call the AASP/NJ Hot Line at (732) 922-8909 for assistance. If you are a member and have experienced other types of unusual conduct related to the pandemic, including a change in a company’s policy, please report it to the Hot Line so we can look into it right away. One thing is for sure: “Business as usual” is not a term that can be used to describe what is taking place in the industry at the present time.

NJA

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Diagnostically speaking, there is no substitute.

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Contact one of these authorized dealers.

Town Porsche 105 Grand Avenue Englewood, NJ 201-227-6505 Fax 201-227-6553 town-motorcar.porschedealer.com

Flemington Porsche 213 Route 202/31 Flemington, NJ 800-216-5124 Fax 908-782-9397 flemingtonporsche.com

Porsche Princeton 3333 Route 1 Lawrenceville, NJ 609-945-1500 Fax 609-945-1501 princetonporsche.com

Š 2020 Porsche Cars North America Inc. Porsche recommends seat belt usage and observance of traffic laws at all times.

36 | New Jersey Automotive | September 2020

Paul Miller Porsche 3419 Route 46 East Parsippany, NJ 973-227-3000 Fax 973-575-8396 paulmillerporsche.com

Porsche Monmouth 280 Route 36 East West Long Branch, NJ 732-935-7600 Fax 732-935-7602 porschemonmouth.com

Manhattan Motorcars 711 11th Avenue New York, NY 877-661-1586 Fax 646-473-0798 manhattanmotorcarsporsche.com

New Jersey Automotive | September 2020 | 37

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.

Flemington Volkswagen 213 Route 202/31 Flemington, NJ 08822 TOLL FREE: 877-657-2787 FAX: 908-782-1795 rmuir@flemington.com www.NJPARTS.com

Douglas Motors 491 MORRIS AVE. SUMMIT, NJ 07901 PHONE: 908-277-1100 FAX: 908-273-6196 TOLL FREE: 800-672-1172 www.douglasvw.com email: douglasparts@douglasautonet.com

Paul Miller VW of Bernardsville 118 Morristown ROAd Bernardsville, NJ 07924 Toll Free: 877-318-6557 Local: 908-766-1600 Fax: 908-766-6171

Trend Motors 221 Route 46 West Rockaway, NJ 07866 888-267-2821 fax: 973-625-4985 www.trendmotors.com email:dreinacher@trendmotors.com

Crestmont Volkswagen 730 ROUTE 23 NORTH POMPTON PLAINS, NJ 07444 TOLL FREE: 800-839-6444 fax: 973-839-8146 www.crestmontvw.com email:vwparts@crestmont23.com

“Volkswagen“ and the Volkswagen logo are registered trademarks of Volkswagen AG. ©2020 Volkswagen of America, Inc.

38 | New Jersey Automotive | September 2020

New Jersey Automotive | September 2020 | 39

ARANJ Officers

President Rodney Krawczyk Ace Auto Wreckers (732) 254-9816 aceautonj@comcast.net 1st Vice President Daryl CarmanLentini 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

ARANJ Board of Directors 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

40 | New Jersey Automotive | September 2020

ARANJ The Automotive Recyclers Association of New Jersey

Wharton Insurance Briefs

An insurance lawsuit can be a time-consuming and costly process. These suits are often unnecessary and may not require any legal involvement.

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1.800.292.RIMS (7467) New Jersey Automotive | September 2020 | 41

warranty. Case closed. And if I need to use aftermarket, I at least want to see proof of certification. (I could also insist on proof of crash testing, but I already talk to enough when “OEM” meant OEM and “aftermarket” meant the walls in this business as it is.) Sorry, but I shouldn’t need a opposite of OEM? It was a pretty simple formula to follow.

But now, we have “Opt OE,” “Surplus OE,” “Alt OE,” “Sorta decoder ring to figure out what parts I’m buying. Stop trying to push your crap parts through my door by calling Kinda OE” – whatever. Isn’t it amazing that almost every them something else! I’m not that stupid. part is somehow “OE” these days? But if you call up three Yes, I’m frustrated as hell, but I’m also scared. I’m a random part suppliers and ask them to explain what these collision repairer, not an infectious disease expert. When names actually mean, you might end up getting three this whole thing started, I saw a lot of guys tell their different answers. I want OEM parts that come from the customers that their facilities would “disinfect” the vehicles auto manufacturer, come in the auto manufacturer’s for their protection. Can any of us really guarantee that? packaging and come with the auto manufacturer’s What we can do is apply disinfecting materials to vehicles with the very best of our abilities and follow whatever guidelines the CDC puts out. We can only do what we can, and I don’t see anything wrong in telling our customers exactly that.

Why should we risk another John Eagle situation because a shop with the best intentions used the wrong words? We’ve all gotta be careful here.

I don’t want this to be just another bitch session in this industry, but these are all things that are running me down. Insurers are playing new games with us at a time when we’re struggling to keep our employees in place. I was able to get a PPP loan – and that helped me stay afloat – but that’s gone now. I’m racing to keep up with my obligations with the funds I received, and that’s been another thing taking away my time. I have a feeling I might need to lay some guys off – again. This is no way to run a business.

I’ve been at this shop for most of my adult life. I just want to fix cars properly using the right parts and procedures, keep my family and employees fed and make sure I can afford to turn my lights on every morning. I’m a professional; my facility provides our services, and the 167 Route 31 55 Kinderkamack Road 3469 Route 46 customer’s insurer pays for those Flemington, NJ 08822 Emerson, NJ 07630 Parsippany, NJ 07054 Toll Free: 877-657-2787 Phone: 201-261-7495 Phone: 973-658-5714 services up to the limits of that Fax: 908-782-1795 Fax: 201-261-3261 Fax: 973-402-9591 customer’s policy. After that, it’s up to bseymour@flemington.com Toll Free: 888-782-9493 mdaltilio@paulmiler.com the customer – the person I’m really www.njparts.com parts@libertysubaru.com www.paulmillersubaru.com/parts www.libertysubaru.com working for here – to decide how the rest is going to be handled. It’s not a difficult concept to figure out.

How did something so simple get so screwed up?

COVER STORY

Continued from page 31

NJA

42 | New Jersey Automotive | September 2020

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© 2019 Porsche Cars North America Inc. Porsche recommends seat belt usage and observance of traffic laws at all times.

New Jersey Automotive | September 2020 | 43

ADVERTISERS’ INDEX 1-800-NEW-PARTS................................18-19

Our wholesale parts team is here to make sure you find the exact Genuine Subaru Parts you need for every repair.

3469 Route 46 Parsippany, NJ 07054 Phone: 973-658-5714 Fax: 973-402-9591 mdaltilio@paulmiller.com www.paulmillersubaru.com/parts

Maxon Buick-GMC ................................25

Acme Nissan..........................................15

Maxon Hyundai ......................................27

Accudraft................................................IBC

Maxon Mazda ........................................27

Albert Kemperle......................................46

Mazda Group..........................................14

Amato Agency........................................21

Mike Kaufmann......................................22

Audi Group ............................................24

MGM Auto Body Supplies........................35

BMW Group............................................4

MINI Group ............................................44

BMW of Springfield ................................23

Mopar Group..........................................6

Collision Equipment Consulting, Inc.........17

Network 1 Solutions ..............................26

Collision Supplies of New England ..........11

NUCAR ..................................................12-13

Empire Auto Parts ..................................40

Paul Miller Subaru ..................................44

Fenix Parts ............................................20

Performance Ford Lincoln ......................11

Flemington Audi ....................................5

Porsche Group ......................................36

Flemington Group ..................................37

PPG........................................................3

GM Group ..............................................32

Reliable Automotive Equipment ..............OBC

Hyundai Group ......................................45

Sherwin-Williams ..................................39

Innovative Solutions & Technology /

Sherwin-Williams/Matrix ........................29

Pro Spot ................................................IFC

Spanesi..................................................33

Jaguar Land Rover Parsippany ..............10

Subaru Group ........................................42

Klean Frame ..........................................40

Town Motors ..........................................43

Kollective Auto Group..............................8-9

USI of North America ..............................34

Lynnes Nissan East ................................10

Valtek ....................................................41

LOCAL NEWS

Continued from page 20

MAINTAIN AN INFINITE INVENTORY OF ORIGINAL MINI PARTS.

At your local MINI dealer, we believe that using Original MINI collision replacement parts will speed your repairs and increase your profitability.

Original MINI parts assure an absolute perfect fit and function.

For Original MINI parts, contact any of these authorized MINI dealers.

MINI of Mt. Laurel 1311 Rt. 73 Mt. Laurel, NJ 08054 856-778-3000 Fax: 856-813-4622 MINIOFMTLAUREL.COM FACEBOOK.COM/MINIOFMTLAUREL

MINI of Manhattan 793 11th Avenue at 55th Street New York, NY 10019 212-246-7375 Fax: 212-315-9560 MININYC.COM FACEBOOK.COM/MINIOFMANHATTAN

© 2020 MINI USA, a division of BMW of North America, LLC. The MINI name, model names and logo are registered trademarks.

by an insurer refusing to pay the shop for storage during the time it took the carrier to make the total loss determination. Bryant explained that the Duty to Protect provision found in automotive insurance policies states that the insureds must protect their vehicles from further damage and that insurers must cover any reasonable expense to make this possible. It is AASP/NJ’s position that this verbiage establishes that insurers are responsible for the reimbursement of storage charges for however long a vehicle is at a shop.

AASP/NJ also shared its latest efforts in support of the “New Jersey Insurance Fair Conduct Act” (A1659), legislation that would establish “a private cause of action for first-party claimants regarding certain unfair or unreasonable practices by their insurer.” Additionally, successful claimants would be entitled to (among other things) reimbursement for their loss and court and attorney’s fees.

AASP/NJ President Jerry McNee (Ultimate Collision Repair; Edison) noted that passage of the bill would be “a gamechanger” and called for support from association membership to help move it forward.

“We need more people to stand up for what is right, or things are not going to change.”

McNee also encouraged AASP/NJ to make the most out of the discussions and perspectives shared during the Town Hall.

“Take this information, use it and continue to use it. Every time someone doesn’t, it’s game over. We need to take back our businesses and be treated as the professionals we are.”

NJA

44 | New Jersey Automotive | September 2020

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 | September 2020 | 45

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46 | New Jersey Automotive | September 2020

New Jersey Automotive | September 2020 | 47

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