New England Automotive Report October 2020

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PLUS: Need PPE? AASP/MA Can Help!

Can Insurers Demand Invoices?

The Antitrust Myth

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4 October 2020

New England Automotive Report

CONTENTS

October 2020 • Volume 18, No. 10

DEPARTMENTS PRESIDENT’S MESSAGE by Molly Brodeur 6 | Need PPE? We Can Help!

EXECUTIVE DIRECTOR’S MESSAGE

by Evangelos “Lucky” Papageorg

10 | The Antitrust and Labor Rate Myth

LOCAL NEWS 14 | Former MABA Board Member Fran Fitzpatrick Passes 16 | Balise Collision Repair Earns Third Triple Crown Award 18 | AASP/MA Meets with Legislators on ADALB Reform Bill

NATIONAL NEWS

20 | SCRS and CIC Announce November Virtual Events 24 | In Memoriam: Alex Ingagliato

LEGAL PERSPECTIVE

32 | Insurers Demanding Invoices: The More Things Change…

By James A. Castleman, Esq.

FEATURES

ALSO THIS ISSUE

28 | COVER STORY by Joel Gausten

9 | AASP/MA MEMBERSHIP APPLICATION 18 | SHOP FOR SALE 22 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS

ADVERTISERS’ INDEX Accudraft Paint Booths ................................OBC Audi Group ....................................................13 Balise Wholesale ............................................11 Best Chevrolet ..............................................24 BMW Group............................................................4 BMW/Mini of Warwick....................................12 Boch Chevrolet ..........................................34,40 Boch Hyundai ..........................................34, 41 Collision Supplies ..........................................20

BUYER BEWARE: Why Not All "OE" Parts

Are Created Equal

Ford Group ....................................................31

Nissan Group ................................................21

Genesis of Norwood ......................................40

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

Honda Group ................................................17

Quirk Wholesale Parts ....................................42

Hyundai Group ........................................34, 37

Reliable Automotive Equipment ........................7

Ira Subaru......................................................14

Sarat Ford Lincoln ..........................................35

Ira Toyota of Danvers ......................................15

Sherwin Williams ..........................................27

Kelly Automotive Group ................................IBC

Spanesi ........................................................23

Kia Group......................................................37

Subaru Group ................................................26

Linder’s, Inc. ................................................31

Toyota Group ................................................30

Long Automotive Group ................................39

USI North America----- ................................25

Mazda Group ..................................................8

Volvo Group ..................................................40

McGovern Chrysler Jeep Dodge Ram ................41

VW Group ....................................................38

Empire Auto Parts ..........................................36

Mopar Group ................................................19

Wellesley Toyota/Scion ..................................34

FinishMaster ..................................................16

Network 1 Solutions ......................................35

Wheel Collision Center ..................................36

Colonial Auto Group ....................................IFC

New England Automotive Report October 2020 5

PRESIDENT’S MESSAGE

Need PPE? We Can Help!

MOLLY BRODEUR

You’ve probably taken work into your shop that you said you would never do. Perhaps you’ve added additional revenue streams or are in a unique position to expand. There are no playbooks, no sets of rules and no certain outcomes in these unprecedented times. The kids are back to school, and you may have had to create modified schedules for your team or perhaps even set up a remote learning station in your facility so team members

I hope this message is finding you, your family and your team continuing to be well and staying safe. We have now moved into the beautiful fall season here in New England. Despite COVID-19, there are many opportunities to enjoy all the things this time of year has to offer: Leaf peeping, leisurely weekend drives, apple picking, corn maze fun and more! As for business, we’ve all been pivoting, shifting and reinventing ourselves throughout the pandemic.

Continued on page 36

Photo source: masksandglovesforsmallbusiness.com N

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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

Kevin Kyes

Rick Fleming

Frank Patterson

Joshua Fuller

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 6 October 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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8 October 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!

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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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New England Automotive Report October 2020 9

EXECUTIVE DIRECTOR’S MESSAGE

EVANGELOS “LUCKY” PAPAGEORG

The Antitrust and Labor Rate Myth

XYZ insurance company or supplier" would also be a In my last New England Automotive Report form of violation. Again, let me stress that there is message, I wrote about dealing with the facts of an nothing from an educational standpoint that issue and how important it is in order to make an prevents one from listing out ALL the procedures informed decision. All too often, we (as individuals that may be entailed in the replacement of a quarter and businesses) make decisions based on what we panel. (As an example, using OEM recommendations believe – and often on an unfounded fear. This is the and specifications.) If a business owner, while case with the antitrust laws by which we must in the process of being educated, then ALL govern ourselves. We are ALL aware of understands the required procedures and fear the antitrust laws with good All too and the liability connected with reason. However, not fully often, we (as failing to perform said procedures understanding what the antitrust individuals and and makes the INDEPENDENT guidelines mean can have a businesses) make business decision to charge a fair paralyzing effect on our ability to price for that procedure, there is no discuss and learn how to make decisions based on violation. intelligent and informed business what we believe – There are two parts to the decisions. and often on an antitrust myth. I have explained the Anyone who has ever attended an unfounded fear. first very broadly, hopefully to AASP/MA chapter meeting or general somewhat dispel misunderstandings. membership meeting is familiar with the The second part of the antitrust guidelines, antitrust guidelines. These guidelines are which many of us do not fully understand, is the orally read to the group. The emphasis of their myth that insurers are EXEMPT from the antitrust importance is duly stressed. We have also had the guidelines. This MYTH is only true in part. It is TRUE same question cross our minds: “Then, what can we that Congress passed the McCarran-Ferguson Act in talk about?”

Here is a portion of the words that are read: “The 1945. What is NOT TRUE is that the passing of this act gave across the-board sanctions to the insurance following topics should not be discussed before, industry: “The Act was designed to ensure the during or after this meeting: 1) Prices charged for preeminence of state regulation, NOT [emphasis collision damage repairs; 2) Minimum or desired added] to free insurers from federal antitrust laws.” profit levels; 3) Repair time practices or charges; 4) Division of market or territories; 5) Specific business Insurers can exchange information when it comes to the “business of insurance” in order that they may practices of particular collision repair shops, better exchange information used in actuarial suppliers or insurance companies; and 6) Refusal to do business with particular shops, suppliers or calculations. (Source: iii.org/article/antitrust-lawand-insurance). This exchange allows large and insurance companies.

The key aspect of all these DON’Ts is that in small insurers to better price their product by using order for a violation of the antitrust guidelines to a broader historical loss database. take place, there must be an AGREEMENT to partake That being said, insurers are governed by the in a particular course of action as a group. Only same antitrust guidelines in general as we collision when there is any agreement to violate any of the repairers are. In particular, when it comes to the six previously listed DON'Ts is there a violation of items outlined previously, insurers CANNOT violate antitrust. What this means is that there can be open those same DON’Ts. Insurers, as a group, cannot and frank discussion about what goes into a specific boycott or refuse to do business with a particular repair procedure. There can be the same open and collision repair facility or supplier. I believe one frank discussion about what that procedure may be could argue that the business of collision repair is worth. There just cannot be an agreement to charge NOT the “business of insurance.” It bears repeating X amount of time at a specific dollar amount across that the McCarran-Ferguson Act exemption is the board to do a procedure. That’s right – the key primarily regarding the exchange of insurance loss component to violating the antitrust is making an information for the purpose of increased AGREEMENT. As an example, saying, "Let's boycott competition between small and large insurers.

10 October 2020

New England Automotive Report

Additionally, it exempts insurers to the extent that they are regulated by the states, and only to that extent. It does not allow insurers to exercise restraint of trade.

Telling you where you must buy your parts could possibly be construed as restraint of trade. Another example is if a group of insurers agree that a vehicle ought to be repaired while ignoring OEM specifications.

It also doesn’t allow insurers to set Labor Rates! NONE of these items are the “business of insurance”!

The key is to know and understand not only what you can do and say but also what the insurance company you are dealing with can do or say. You cannot make an informed decision without ALL the facts. I encourage you to learn more about the antitrust guidelines. Also part of what we read at all of our meetings is as follows: “Each person should consult his/her own legal advisor about the requirements and any other rules regarding antitrust or other applicable laws.” If you do not, you are only reinforcing the MYTH of antitrust and of our inability to pursue a fair and equitable Labor Rate for our industry.

Keep in mind that I am not an attorney. I am not giving you legal advice, but I do have a working knowledge of the antitrust guidelines. Most of what I have written here can be found at the following website: iii.org/article/antitrust-law-and-insurance.

Please take the time to become familiar with it and understand the TRUE FACTS about the antitrust guidelines. It will empower you to confidently pursue better business practices, because the “fear factor” will be minimized. Yes, minimized. The antitrust guidelines are very important. They CANNOT be ignored. They must be respected…but NOT feared.

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

SAVE THE DATE

AASP/MA Virtual Fall Membership Meeting Wednesday, October 28 via Zoom

With guests Richard and Sam Valenzuela (National AutoBody Research)

"Your Massachusetts Auto Body Association" PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

More details to come.

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12 October 2020

New England Automotive Report

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Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860.282.0191 Fax: 860.290.6355 www.hoffmanauto.com

New England Automotive Report October 2020 13

[LOCAL] NEWS

Former MABA Board Member Fran Fitzpatrick Passes AASP/MA regrets to report that longtime industry participant and former Massachusetts Auto Body Association (MABA) Board member Francis X. “Fran” Fitzpatrick passed away on August 12 at the age of 79.

Fitzpatrick was the thirdgeneration owner of Fitzpatrick Brothers Auto Body of Dorchester, a facility that has been in operation for 126 years at the same location.

“He was just larger than life, always had stories and had people laughing,” says his nephew and the shop’s co-owner, Neil Fitzpatrick. “The second you met him, he’d make you smile.”

“I was extremely saddened to hear about Fran’s passing,” comments AASP/MA Executive Director Evangelos “Lucky” Papageorg. “The collision repairers in Massachusetts owe him a great debt of gratitude for all he did in the early days of MABA, which has now become AASP/MA. Fran was a true friend and mentor to me, and he was integral to me becoming the executive director of MABA. He wholeheartedly approved when he was approached by [past MABA Board member] Jim Nigrelli suggesting me as a candidate for the position all those years

ago. He was always available with counsel, guidance and leadership by example. Fran truly understood and preached the importance of association membership, and he instilled that in me. I owe him a great deal of the credit for my success in the collision repair industry. He will be sorely missed. Sadly, we have lost another of the old guard. May his memory be eternal.”

AASP/MA Secretary Gary Cloutier, who served with Fitzpatrick on the MABA Board in the ’90s, remembers his good-natured attitude and the level-headedness he brought to association activities.

“Fran was a nice, all-around good guy who took pride in his work, and I really enjoying working with him on the Board of Directors. He never got mad at anything; he was always laid-back. Just an honest, salt-of-the-earth person who will be greatly missed.”

A former body shop owner currently with FinishMaster, Nigrelli is quick to echo Cloutier’s fond words.

“Not many guys made the kind of personal sacrifice to their industry that Fran did. He was a real gentleman and a real diplomat; he could get along with just about anyone.

Just a wonderful guy.”

Fitzpatrick is survived by his wife, Ann; daughters Claire Pratt, Maryanne Gillis and Lynda Clapp; eight grandchildren; brothers Harrison Fitzpatrick, Rev. Thomas Fitzpatrick, S.J. and Joseph Fitzpatrick; and sisters Kathleen Smith and Maryanne Mazzeo.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

14 October 2020

New England Automotive Report

New England Automotive Report October 2020 15

[LOCAL] NEWS

Balise Collision Repair Earns Third Triple Crown Award Balise Collision Repair in Rhode Island was recently named the 2019 Toyota Certified Collision “Shop of the Year” Triple Crown winner for the third consecutive year.

Presented by Toyota Motor Sales, the award recognizes the top Toyota Certified Collision Center in the country in areas of customer satisfaction, training specifications and Key Performance Indicators within the collision repair industry.

Balise Collision Repair has three Rhode Island locations, including a brand-new, 10,000-square-foot facility on Quaker Lane in West Warwick that opened in May 2019.

“I always talk about how important this award is because it’s a team award,” said Brian Stone, vice president of collision for Balise Motor Sales and AASP/MA Board member. “We couldn’t reach this achievement without every single member of our team buying into our mission to do the right thing and put the customer first.”

Balise Collision has been a Toyota Certified Collision Repair Center since 2010 and is also certified for 19 other manufacturers. Balise is also a Diamond Vendor Affinity Program (VAP) Sponsor of AASP/MA. Balise Motor Sales

16 October 2020

New England Automotive Report

Ben Sullivan (left), chief operating officer of Balise Motor Sales, with Brian Stone, vice president of collision operations and affiliated companies operate new vehicle dealerships representing Buick (two), Chevrolet (three), Ford (two), GMC (two), Honda (three), Hyundai (three), Kia, Lexus, Mazda, Nissan (two), Subaru, Toyota (three) and Volkswagen. Other companies include Ready Credit Used Cars, Balise Collision Repair Centers (five locations) and three Balise Car Washes locations.

Balise Motor Sales is one of the largest retailers of new and used automobiles in New England. Headquartered in West Springfield, the organization employs over 1,600 associates at facilities in Connecticut, Massachusetts and Rhode Island.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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

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!

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

New England Automotive Report October 2020 17

[LOCAL] NEWS

AASP/MA Meets with Legislators on ADALB Reform Bill On September 9, AASP/MA Executive Director Evangelos â&#x20AC;&#x153;Luckyâ&#x20AC;? Papageorg and Board members Ray Belsito (Arnieâ&#x20AC;&#x2122;s Auto Body; Charlton) and Joshua Fuller (Fuller Auto Body; Auburn) welcomed Senator Michael O. Moore (D-2nd Worcester), Representative Peter J. Durant (R-6th Worcester) and Representative Paul K. Frost (R7th Worcester) to Fuller Auto Body for an in-person discussion on the associationâ&#x20AC;&#x2122;s ongoing eďŹ&#x20AC;orts to address issues within the Auto Damage Appraiser Licensing Board (ADALB) via Senate Bill 182. The gathering followed a September 2 meeting between AASP/MA representatives and Senator John F. Keenan (D-Norfolk and Plymouth) at association member shop Total Care Accident Repair (Rayham).

Senate Bill 182 aims to move the ADALB from the Division of Insurance to the Division of Professional Licensure (where all other professional licenses in the state are maintained). The billâ&#x20AC;&#x2122;s purpose aligns with Governor Bakerâ&#x20AC;&#x2122;s executive order â&#x20AC;&#x153;to ensure proper review of the regulation of professional licensing by

Left to right: Representative Paul K. Frost, Joe Bostek (Fuller Auto Body), Senator Michael O. Moore, Ray Belsito (Arnieâ&#x20AC;&#x2122;s Auto Body), Joshua Fuller (Fuller Auto Body), Representative Peter J. Durant and Evangelos â&#x20AC;&#x153;Luckyâ&#x20AC;? Papageorg (AASP/MA) independent boards.â&#x20AC;? Additionally, the bill seeks to expand the size of the ADALB by two members, both appointed by the Attorney General, and replace the current Board chairman, appointed by the Massachusetts Commissioner of Insurance, with one appointed by the Commissioner of the Division of Professional Licensure (who has no aďŹ&#x192;liation with insurance or automotive collision repair).

At the September 9 meeting, Papageorg explained to the legislators that the billâ&#x20AC;&#x2122;s passage removes the possibility of â&#x20AC;&#x153;partisan votingâ&#x20AC;? by the ADALB. Currently, ADALB meetings are held at the Division of Insurance,

Continued on page 40

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New England Automotive Report September 2020 19

[NATIONAL] NEWS

SCRS and CIC Announce November Virtual Events

The Society of Collision Repair Specialists (SCRS) is pleased to announce that it will continue its decade-long collaboration with the SEMA Show in Las Vegas with the online delivery of its Repairer Driven Education (RDE) series in conjunction with SEMA360, an online marketplace that has been created to allow manufacturers and resellers in the specialty automotive segment to connect and conduct

20 October 2020

New England Automotive Report

business. Both SEMA360 and SCRS’ RDE Series will take place November 2-6.

“Education has always been a distinctive highlight of our ongoing partnership, and we are thrilled to see the innovative approach our colleagues at SEMA are taking to addressing the industry’s need for connectivity,” comments SCRS Chairman Brett Bailey. “SCRS has been hard at work with our speakers and subject matter experts in transitioning our program in a way that harnesses the same great value the industry has come to expect from the information in our sessions.”

Full Series logins for the RDE experience will now include week-long access to SCRS’ collision repair education program. Additionally, a Full Series pass will provide greater accessibility to all employees within the repair facility for the same $375 that a single individual would have previously invested during the SEMA Show.

Participating businesses will also have ongoing access to Continued on page 37

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Contact these Nissan dealers for all your parts needs: Mastria Nissan 1305 New State Highway Raynham, MA 02767 Direct Toll Free: 800-248-2458 Direct Fax: 508-802-6118 E-mail: parts@mastrianissan.com Web: www.mastria.com

Kelly Nissan of Lynnfield 155 Andover Street Danvers, MA 01923 Toll Free: 800-698-9280 Fax: 781-598-8026 E-mail: BSherman@Kellyauto.com

Kelly Nissan of Woburn 155 Andover Street Danvers, MA 01923 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 October 2020 21

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[NATIONAL] NEWS

In Memoriam: ALEx INgAgLIATO Alexander “Alex” Ingagliato, stepson of industry consultant and educator Mike Anderson (Collision Advice), passed away on July 26 at the age of 28.

A lifetime resident of La Plata, MD, Alex was a member of New Life Wesleyan Church in La Plata and worked as a server at Public House Restaurant in the National Harbor. Alex, while appearing tough on the outside, was a kind, gentle person on the inside and was always known for his

willingness to help his friends and family.

He will always be remembered for his big smile, infectious laugh and “bear hugs.”

Alex is survived by his mother, Sherri Mona Anderson; stepfather, Mike; father, Philip; stepmother, Ruth; brother, Anthony; and sisterin-law, Andie.

The Alex Ingagliato Recovery Fund has been created to give those who struggle with addiction a chance to attend rehabilitation centers with financial aid. The Fund operates under the Helping Hands Foundation founded by the New Life Church.

Visit facebook.com/thealexingagliatorecoveryfund for more information and to make a contribution.

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New England Automotive Report

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BUYER BEWARE:

Why Not All “OE” Parts Are Created Equal Although the COVID-19 pandemic has dominated much of the collision industry’s attention so far in 2020, national efforts to combat one of the greatest – and confusing – issues of the previous year are finally back in force.

A Refresher on the Parts Definition Controversy In our July 2019 issue, New England Automotive Report explored a nationwide industry endeavor to provide clarity to the growing presence of “Opt OE, “Alt OE,” “Surplus OE” and similar terms on estimates and in listings offered by suppliers. Generally, these terms are used to identify original automaker parts that have been sourced outside of traditional OEM dealers/sources. Although the inclusion of “OE” in these names implies a level of quality and legitimacy, a host of industry groups as well as several US automakers have called the use of these designations into serious question.

In an industry already swarming with abbreviations, the rise of these “OE” parts has led to ambiguity over the actual sources of these products and their appropriate use in the repair process. In some cases, third-party parts sellers (typically found online) may be selling so-called “Opt OE” parts that were actually manufactured for use outside of the US. Although these parts can be purchased by repairers here, they may not adhere to the same engineering and performance standards as those products directly sold by OEM-endorsed sources in America. Not surprisingly, this has led several US automakers to draw a deep line in the sand in regard to the parts they’re willing to stand behind.

As Audi of America Collision Program Manager Mark Allen told us last summer, “Realistically, an OE [Audi] part is a part that’s sold by a franchised Audi of America dealer and brought to market through the established logistical channels established by Audi of America, period. There is no such thing as ‘Alt OE.’ As far as we’re concerned, we have no ‘Alt OE,’ and there is only one source for an OE part.

That’s it. A part coming in from other markets or sources is not an OE part.”

Closer to home, AASP/MA President Molly Brodeur was quick to share her own misgivings over the use of prefixed “OE” terms to classify parts outside of automaker-approved channels.

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New England Automotive Report

“In my opinion, an OEM part is a part that is manufactured by the OE and delivered through the appropriate channels with the appropriate markings, packaging and warranties. As many shops are traveling toward or have already reached certifications, I think ‘Alt OE’ and ‘Opt OE’ leave too much room for interpretation and can’t be declared an OEM part. I think it has to be eliminated from your potential part choices.”

The Industry Deadlocks For most of 2019, the Collision Industry Conference (CIC) Parts and Materials Committee – comprised of more than 200 inter-industry members – focused its attention on reaching a consensus on acceptable parts terminology and definitions in the US marketplace. Unfortunately, the year concluded with these efforts reaching a standstill amidst what Committee Co-Chair Ken Weiss called “disagreement and discord.” After months of heated discussion, the Committee was essentially split between two distinct camps offering their own interpretations of alternative “OE” wording.

The first mindset was represented by a special CIC working group comprised of shops, insurers, parts suppliers and Information Providers. At the year-end CIC meeting in Las Vegas last November, this group proposed a whopping six parts categories for industry reference: OEM Dealer: A new vehicle manufacturer part that comes in vehicle manufacturer packaging, is provided by a vehicle manufacturer supplier and has a vehicle manufacturer warranty.

OEM Non-Dealer: A new vehicle manufacturer part that comes in vehicle manufacturer packaging. However, it comes from a third-party supplier. It’s bought directly from the dealer by a third-party seller and has a thirdparty warranty.

Tier One-OEM: A new part manufactured by the vehicle manufacturer’s supplier, with identical specifications and engineering and no branding differences.

Tier One-OEM with Branding Differences: A new part built by the vehicle manufacturer’s supplier, with identical specifications and engineering. However, the part will have different branding. The third-party supplier delivers the part and provides a warranty.

Aftermarket Certified: A new aftermarket manufacturer’s part with third-party certification (i.e., the Certified Automotive Parts Association). The part has aftermarket packaging, is provided by a third-party supplier and has a third-party warranty.

Aftermarket Non-Certified: A new aftermarket manufacturer’s part with no third-party certification. It has aftermarket packaging, is provided by a third-party supplier and has a third-party warranty.

Led by Committee Co-Chair/Society of Collision Repair Specialists (SCRS) Executive Director Aaron Schulenburg and comprised of OEM representatives and Committee members not invited to participate in the first

working group, the second group offered just two definitions: OEM Part: A new part in the vehicle manufacturers’ (also referred to as OEM) authorized and official packaging, manufactured directly by the OEM or their approved, contracted supplier, distributed exclusively through the original equipment manufacturer’s official, authorized distribution network in the market specified by the OEM. Warranted, updated and supported exclusively by the OEM. Non-OEM Part: A new part that does not meet the definition of an “OEM part.”

“That’s super-clear for a consumer to understand,” Schulenburg explained. “It doesn’t make [non-OEM parts] bad, wrong or an unacceptable option. There Shops must are thousands and thousands of non-OEM remain diligent in parts that are legitimately confirming that the picked, chosen and sold every single year. But we items they defined ‘OEM’ and anything are ordering are that doesn’t meet that definition from our vantage truly what they point as a ‘non-OEM’ appear to be. part.’”

The Debate Returns After a six-month absence caused by the pandemic, the CIC Parts and Materials Committee resumed its public-facing work this past July via a Zoom presentation that featured input from various part and estimating platform representatives. Once again, the discussion showcased the vast differences in the wording used to identify and market replacement parts.

For example, parts platform APU Solutions classifies “Surplus OEM” as a brand-new OEM part sold by the dealer with a warranty. Additionally, the company uses “Recovered OEM,” to identify a new “take-off” part that has already been on a vehicle (even one with zero mileage). APU Solutions Director of Sales Eric Marrello explained that when APU quotes “Recovered OEM” parts, it asks each supplier and network to segment out that part type to either “Surplus” or “Recovered.” When APU Solutions inserts a “Surplus OEM” part into an estimate, “it goes back in as a ‘Surplus’ [part] depending on if it’s Audatex, Mitchell or CCC.” However, if a “Recovered OEM” part is inserted, it goes in as a “Recycled” part.

If you’re having trouble following all of that, you’re certainly not alone. Perhaps the most troubling aspect of today’s alphabet soup world of parts is the potential for inconsistent and contradictory communications in the supplier-estimating platform-shop/insurer estimateconsumer chain – and the litigation that could result from a repairer not utilizing the proper part in a repair.

“Specific terms with specific definitions benefit the industry rather than leaving things open to supplier interpretation or decisions,” stressed Schulenburg

Continued on page 37

New England Automotive Report October 2020 29

WHY GENUINE PARTS? It’s the Right Thing to Do

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For Toyota Genuine Parts please call one of these authorized local Toyota Dealers: IRA Toyota of Manchester 33 Auto Center Road Manchester, NH 03103 Toll Free: 800-828-6076 Direct: 603-657-2410 Fax: 603-657-2419

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Bernardi Toyota 1626 Worcester Road Framingham, MA 01702 Parts Direct: 800-248-3033 FAX: 508-879-7895 IRA Toyota Danvers 161 Andover Street Danvers, MA 01923 PH: 800-774-8411 ext.1 Direct: 978-739-8306 FAX: 978-739-8098

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ToyotaPartsAndService.com 30 October 2020

New England Automotive Report

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When you need fascias, grilles, headlamps, wheels or any other Ford Motor Company Ge uine Part, call your local wholesaling dealership. They’re a great souce for technical and repair information as well. Using Genuine Parts can help your body shop reduce cycle time, improve relationships with insurance companies and satisfy customers. So get everything you need in just one call to your one-stop collision repair resource – your local Ford or Lincoln Mercury Dealership.

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© 2019, Ford Motor Company New England Automotive Report October 2020 31

[LEGAL] PERSPECTIVE By James A. Castleman, Esq.

Insurers Demanding Invoices: The More Things Change…

I have been involved with the collision repair industry for many years, and it still amazes me that certain issues keep cropping up as if they were new no matter how clearly they previously had been resolved.

The old adage is true: The more things change, the more that they stay the same.

I was reminded of this recently when I got a question about whether insurance appraisers can require that a repair shop produce a parts invoice as a condition for the appraiser to approve payment. I was surprised to hear that this was still occurring, since it was my understanding that this issue had been fully resolved almost 30 years ago.

There is no statute, regulation or case that allows an insurance appraiser to demand that a shop produce a parts invoice. In fact, back in 1992, the Auto Damage Appraiser Licensing Board (ADALB) took up the question of whether an insurer can demand parts invoices. The Board voted unanimously on the issue and sent a letter to the insurance company supervisor who had asked about the company’s practice of requiring the production of invoices. In its letter, the ADALB stated: 32 October 2020

New England Automotive Report

“[Y]our company and any other company should immediately cease such practice. Unless payment is based on the Completed Work Claim Form (CWCF), invoice requests should be limited to parts price increases only.”

Despite this clear edict, the issue has come up several times over the years, and apparently it is on the rise again. What also amazes me about this issue is that it actually was the insurance industry that fought for the legislation that prevents them from demanding invoices.

Why Was This Ever an Issue?

As older members of the collision repair industry know, there was a very different system of auto damage claims settlement in place back in the 1980s. At that time, in order for an insurer to be required to pay the full cost of repairs, those repairs first needed to be completed in full, and the claimant (or their repair shop on their behalf) needed to submit a so-called Completed Work Claim Form (CWCF) to the insurer, certifying that all repairs had been made. The insurer then was

The kicker for insurers, however, is that whether a required to pay the claim within seven days of receipt of part actually has been replaced or the CWCF. a less expensive LKQ or aftermarket part was used During that seven-day period, however, the insurer instead of the written OEM part, the claim payment had the right to reinspect the repaired vehicle to cannot be reduced. If an insurance appraiser has written confirm completion of repairs, and the insurer also an appraisal, then that appraiser could require proof that parts has certified under oath as a listed on their appraisal had been licensed professional that purchased and installed. In order The next time that an everything on that appraisal is to confirm that the parts had been required in order to repair a bought and installed, insurers insurance appraiser damaged vehicle to pre-accident could require that parts invoices demands that you condition – even if the final be shown to them. If certain appraisal includes multiple repairs were not made or parts produce an invoice supplements resulting from were not replaced as written, as a condition for lengthy negotiations with an then the insurer could reduce aggressive repair shop appraiser. their claim payment by the agreeing to pay for Once that appraisal is finalized, amount written for those a part, just tell them, the insurer is required to pay the unfinished repairs or parts not “No!” full amount of the appraisal, less replaced. any applicable deductible.

After about 10 years of dealing If the insurer subsequently with this claim settlement discovers that certain repairs were not made or that not system, the Massachusetts auto insurance industry all parts were replaced, the only remedy available to realized that claims costs in this state had become that insurer is to reduce the future insured actual cash higher than in the rest of the country. The reason was value of the vehicle by the amount attributable to the that, unlike in the rest of the US, Massachusetts repair repairs not made or parts not replaced. But the insurer shops and their customers were essentially required by cannot withhold any portion of its claim payment or to the system to have all written repairs made and parts seek reimbursement for payments already made. replaced for virtually every claim. There was no wiggle room to attempt a repair of a part or use an LKQ or aftermarket part if the insurer was paying for Some Related Issues replacement with an OEM part, and there also was very Even though insurers generally have no right to little room for negotiation between the shop and their request parts invoices, please note the following: customer.

As a result, the insurance industry lobbied for – and (1) The rule may not apply to you if you are a in 1988 got the Massachusetts legislature to agree to – a referral repair shop for the requesting insurer. Even change in the system to give us what we now have. That though the general rule is that insurers cannot make is, insurers are required to directly pay a claimant for you produce an invoice, your referral shop contract may the full cost to repair a damaged vehicle to pre-accident provide otherwise. If an insurer’s contract with you condition, but the claimant is then free to negotiate requires you to produce parts invoices, then you may be whatever deal that they can with their repair shop and stuck with that requirement. free to have repairs made differently. They are also free (2) No matter what insurers try to tell you, it is not to make only partial repairs or keep the claim payment fraud for you to negotiate for a new or different part and make no repairs at all. And of course, if the initial and then not use it. Ultimately, it is your customer who payment check actually would not cover the cost of full has the right to dictate what repairs are going to be repairs, the claimant takes the check and cashes it, no made to their car. It does not matter what you negotiate one requests a supplemental payment or no repairs or with their insurer, and it does not matter how much the only few are made, then the insurer’s claim payment is insurer ends up paying for the claim. Even if you are a less than it would have been under the old CWCF referral repair shop, it does not matter what your system. If this occurs with enough claims, then the insurer or your referral shop contract says. insurer may save many millions of dollars in claims Under Massachusetts law, your customer – the costs.

Continued on page 41

New England Automotive Report October 2020 33

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New England Automotive Report

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2

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THE LIFT KING - LIGHT DUTY PACKAGE >Â?Â?Â&#x153;Ă&#x153;Ă&#x192; Ă&#x17E;Â&#x153;Ă&#x2022; Ă&#x152;Â&#x153; Ă&#x192;>viÂ?Ă&#x17E; >Â&#x2DC;` ivwVÂ&#x2C6;iÂ&#x2DC;Ă&#x152;Â?Ă&#x17E; remove and install Pickup Boxes with only one operator in a matter of minutes! *DOLLIES ALSO AVAILABLE!

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THE LIFT KING HEAVY DUTY PACKAGE allows you to remove and install Semi Â&#x153;Â&#x153;`Ă&#x192; Ă&#x192;>viÂ?Ă&#x17E; >Â&#x2DC;` ivwVÂ&#x2C6;iÂ&#x2DC;Ă&#x152;Â?Ă&#x17E; Ă&#x153;Â&#x2C6;Ă&#x152;Â&#x2026; one operator, with additional tilting mobility for body repair and painting. *DOLLIES ALSO AVAILABLE!

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245 Springfield Street, Agawam, MA Monday-Wednesday 7am - 6pm; Thursday 7am - 8pm; Friday 7am - 5pm; Saturday 8am - 4pm

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SARAT FORD, WHERE CUSTOMERS BECOME FRIENDS! New England Automotive Report October 2020 35

PRESIDENT’S MESSAGE

Continued from page 6

Wheel Collision Center Excellence in Wheel Sales and Repair

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1.800.292.RIMS (7467) 36 October 2020

New England Automotive Report

can bring their kids to the office if necessary. I hope you have been participating in the many MassPay partner webinars we’ve offered, which address the myriad HR issues relative to the virus. This is a critical resource as we continue to travel down roads with our team that we’ve not been faced with before.

One thing that remains unchanged since the outset of COVID-19 is the need for PPE in our business. Masks, sanitizer and gloves are the top items we’ve heard that shops need and continue to be hard to come by.

AASP/MA is excited to announce the launch of our PPE store! You can purchase hand sanitizer, three-ply surgical masks, KN95 masks, rubber nitrile disposable gloves and mask adjuster straps.

These items will be directly shipped to you in seven business days. Visit masksandgloves forsmallbusiness.com to shop in the AASP/MA PPE store.

We would like to thank Steve Elkinson of Promotional Partners for bringing this PPE program to AASP/MA. This one-of-a kind program is available to AASP/MA members AND, in this instance, non-members as well. Please check out the site and take advantage of this program delivering PPE to your doorstep.

In continued good health and spirits, Molly 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

[NATIONAL] NEWS Continued from page 20

archived sessions after they have aired. More details will follow; stay tuned to scrs.com/rde for future updates.

Later in the month, the Collision Industry Conference (CIC) has set November 10 and 11 for its year-end virtual meeting. Each day will run from 11am to 3pm EST via Zoom and will feature updates and presentations from various CIC committees. A special promotional code to attend the virtual meetings for free is available at ciclink.com/sponsors.

In related news, CIC recently announced that Darrell Amberson, president of operations for Minnesotabased LaMettry’s Collision, has been named the forum’s new chairman. Amberson, who most recently chaired the CIC Governmental and Legislative Committee, follows outgoing Chairman Jeff Peevy (I-CAR).

To learn more about SEMA360, visit sema360.com or semashow.com. For more information about SCRS, please visit scrs.com. More information on CIC is available at ciclink.com.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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.

HERB CHAMBERS HYUNDAI 735 Southbridge Street Auburn, MA 01501 TOLL FREE: 800-767-1898 FAX: 508-832-6026 EMAIL: pobrien@herbchambers.com www.herbchambershyundaiofauburn.com

BOCH HYUNDAI 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062 PARTS LINE: 781-762-9210 TOLL FREE: 800-559-9210 bchwholesale@boch.com

MASSACHUSETTS

BALISE HYUNDAI 683 E. Columbus Ave. Springfield, MA 01105 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com

One Call, One Truck for Eleven Brands!

0

[COVER] STORY

Continued from page 29

during the virtual presentation. “We’ve certainly seen examples where you have suppliers labelling something as a ‘Tier One replacement part’ and listing it as an ‘OE Surplus’ or ‘OE discount’ part because they are made by a manufacturer that might also manufacture parts for an OEM despite the fact that [the part] is in a non-automaker box and has a different part number. At the end of the day, that by most people’s definition – when it’s not left open to a broad interpretation – would be considered aftermarket.”

What You Can Do As the inter-industry continues its work to provide suitable direction to stakeholders on what the part terms showing up on insurance estimates or part sellers’ product lists actually mean, shops must remain diligent in confirming that the items they are ordering are truly what they appear to be. When faced with a question over the classification and source of a part, shops should always request a clear definition from the provider (including an OEM dealership’s wholesale department) and directly verify with the automaker that the part source is authorized by them to sell in the US, the part is indeed intended for use on vehicles in this country and that its warranty is provided by the correct party.

The next virtual Collision Industry Conference is scheduled for November 10 and 11 via Zoom. Please visit ciclink.com/sponsors for a free meeting participation code.

Make Quality Your Goal.

REPAIR WITH KIA GENUINE PARTS. Your reputation depends on repairs done right - the first time. Kia Genuine Parts are manufactured to the same exacting standards as original equipment. Don't take chances by using aftermarket parts. Are you willing to risk your reputation and customer satisfaction? A happy customer is your best advertisement.

Protect your customer, protect your business Insist on Kia Genuine Parts.

Contact these select dealers for assistance and delivery of your Kia Genuine Parts.

Bald Hill Kia 1021 Bald Hill Road Warwick, RI 02886 Parts Direct: (800) 822-3015 www.baldhillkia.com Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: (877) 707-8475

Balise KIA 603 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!

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

New England Automotive Report October 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.

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

Volkswagen of Hartford 133 Leibert Road Hartford, CT 06120 Direct Parts: 860-543-6012 fax: 860-728-4408 email: ebautista@vwofhartford.com

Balise Volkswagen 525 Quaker Ln. 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!

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

38 October 2020

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

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PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

1.800.982.2298

218 TURNPIKE ROAD SOUTHBORO, MA 01772 24 Hour Fax: 508.879.1212

Email: tschube@longauto.com

New England Automotive Report October 2020 39

[LOCAL] NEWS

Continued from page 18

where the chairman is appointed by the Commissioner of Insurance. Two insurance industry representatives are appointed to the Board by the Governor. The Division of Insurance is also represented by legal counsel, who has no vote but comments regularly on Board matters, at these meetings. Additionally, the Board’s secretary (who does not have a vote) works for the Division of Insurance.

This creates a situation where there are five individuals representing the insurance industry versus two members of the auto body industry on any issue. Papageorg argued that this creates a three-to-two vote setup when considering there are only two collision repair industry representatives appointed by the Governor to serve on the Board.

Considerable time was also spent educating the legislators on some of the collision repair industry’s more common grievances with the ADALB's current methods for addressing complaints, including the fact that it has at times taken years for them to be heard.

“There have been reprimands put in people’s files, but there has never been a license revoked – even temporarily – by the Board,” Papageorg said. “I think that speaks volumes, because there have been a lot of issues that have been brought up that should have brought about at least the minimum suspension of a license just to make the point.”

Formerly a regional manager for Liberty Mutual and now a shop owner, Belsito noted that the ADALB needs to be strengthened to (among other things) promote suitable negotiations between shops and insurers, especially when a carrier is insisting on the use of certain parts that could pose a safety risk to vehicle occupants.

“The insurance industry, left unfettered, resorts to what I call ‘the used car auto body repair manual’ […]

One of the issues that came up in front of the Board was the use of used suspension parts. There is no way to measure how worn these parts are or the damage [to them] if [the prior vehicle] was in an accident. That was something that the insurance industry wanted to start to use. That’s the kind of thing we’re dealing with.”

Fuller noted that a revamped ADALB is necessary to address appraisal issues that have occurred since the rise of remote negotiations via photos in light of COVID-19.

He called into question whether some of the individuals doing the negotiating are even licensed in the state.

Papageorg was pleased that AASP/MA had an opportunity to share its efforts with the legislators in attendance.

“Everyone was receptive to the issues we presented.

We hope to continue having conversations of this nature as we push for legislation that will ensure a more functional ADALB and better consumer protection for vehicle owners in Massachusetts.”

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

KEEP IT GENUINE INSIST ON GENUINE GM PARTS

Boch Chevrolet 381 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062 Parts Line: 781-762-9210 Toll Free: 800-559-9210 bchwholesale@boch.com

Contact Boch Chevrolet for your GM Parts needs!

Quality Repairs Start With Volvo Genuine Parts.

For over eight decades, the Volvo name has been synonymous with unmatched quality and performance. that legendary Volvo quality starts with Volvo Genuine Parts.

QUALITY STARTS WITH GENUINE GENESIS PARTS AND ACCESSORIES. Genesis of Norwood 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062 Parts Line: 781-762-9210 Toll Free: 800-559-9210 bchwholesale@boch.com

40 October 2020

New England Automotive Report

Rely on Volvo Genuine parts to get the right fit, at the right price, right now.

Please contact the following dealers for your Volvo parts needs: Prime Volvo Cars 1030 Hingham Street Rockland, MA 02370 Parts Direct: 781-927-3520 Fax: 781-927-3592 www.volvocarssouthshore.com

Volvo of Wellesley 962 Worcester Street Wellesley, MA 02482 Parts Direct: 800-247-3033 Fax: 508-651-1220 www.volvoofwellesley.com

www.volvogroup.com

[LEGAL] PERSPECTIVE

Continued from page 33

vehicle owner – is the only person who has the right to say what repairs they are authorizing, and you have no right to make repairs that differ from what your customer authorizes. If you do, then you are violating regulations issued by the Massachusetts Attorney General and engaging in a per se violation of the Massachusetts Consumer Protection Act, M.G.L., Chapter 93A. Please do be aware, however, that it may be fraud for your customer to certify to their insurer that all repairs were made in compliance with the insurer’s appraisal if that is not the case. It also may be fraud for you to certify to your customer or to their insurer that you have made all repairs in accordance with the insurer’s appraisal – or even in accordance with your own appraisal or your repair order – if that is not the case. Further, your final bill must accurately list all work that you did, all parts that you replaced and all charges that you made for the repairs.

(3) Why are parts price increases excepted?

Although the ADALB’s directive makes an exception for parts price increases, it is not clear to me why this is the case. Yet, over the years, I have really never heard of

repair shops complaining about this. If the repair industry has no objection to this exception, I guess that I should not care about it. I suppose that it is difficult to prove that parts prices have increased if you don’t have an invoice that shows it.

Conclusion The next time that an insurance appraiser demands that you produce an invoice as a condition for agreeing to pay for a part, just tell them, “No!” They have no more right to see your invoice than you have a right to see your grocer’s invoice for the quart of milk that you are buying. Tell the appraiser that the law is clear on the issue and the ADALB has ruled on it. Also let them know that the reason that you do not need to produce your invoice is because the Massachusetts auto insurance industry wanted it that way.

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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Call us and get the right MOPAR parts the FIRST TIME! New England Automotive Report October 2020 41

42 October 2020

New England Automotive Report

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