Timelines in Existing State Law

Last fall, AASP-MN’s legislative article featured a “Back to Basics” list, which detailed some basic legal rights regarding auto repairs and insurance claims. Many members were familiar with some or all of the rights listed, but didn’t have the statutory language to easily cite. Knowing your rights (and the customers’ rights) is increasingly important as the claims and reimbursement process become more challenging.

In this article, we’ll do something similar, but with a different topic – timelines, adjustments and claim approvals/denials. We want to touch on this because during this year’s legislative session, AASP-MN, based on member feedback, pursued changes that would require insurance companies to respond within three business days to approve or deny a claim. An outcome of this advocacy is the formation of a joint working group of shop owners and adjusters, to determine solutions that get at the root of the problem, without having unintended consequences that could harm shop owners or their customers.

As this group works on solutions, AASP-MN members should be aware of current timelines in Minnesota statutes that may be helpful. Some of you may note that unfortunately, these statutes are not always followed, but it is important for AASP-MN members to be aware of the existing laws as they advise customers, and to help

by Sam Richie & Shannon K. Mitchell, AASP-MN Lobbyists

AASP-MN leadership gather feedback on what statutes aren’t being followed, or how they could be strengthened.

To that end, Minnesota Statute outlines a right to an inspection and a corresponding timeline.1

The right to inspection is something insurance companies do when there is an accident, but becomes even more important when there is disagreement over the estimated cost of a repair submitted by the auto shop to the insurance company. Policyholders have a right to have an agent conduct an in-person vehicle inspection and do not have to do this at an insurance drive-in center. The holder can request this inspection be done at the auto shop of their choice. This inspection must be done within five days of request for a car that cannot safely be driven, and within 15 days for a car that can be driven.2

Reinspection is required “promptly” after there is an adjustment to the estimate, and if supplementary allowances are requested by the repair shop or the amount is in dispute.3 Additionally, insurance adjusters cannot legally adjust a damage appraisal of a repair shop when

AASP-MN Awards $20,000 in Scholarships to Automotive Students

AASP-MN is pleased to announce it has awarded 22 scholarships totaling $20,000 to help automotive service and collision repair students pay for tuition or tools during the 2023-24 school year. The scholarships are in the amounts of $500 - $1,500 and are made possible by the generous donation from the Minnesota State I-CAR Committee, as well as proceeds from AASP-MN’s Annual Race for Automotive Education fundraiser.

Thirty college and high school students from 10 schools submitted completed applications. Applications were reviewed by a committee of industry representatives, with consideration given to scholastic achievement, education and career goals, financial need and written recommendations.

The recipients are:

• Gregory Arreola, Dakota County Technical College, Rosemount – Auto Body Collision Repair

• Jonathan Broenen, Dakota County Technical College, Rosemount – Auto Body Collision Repair

• Isaac DeBilzan, Hennepin Technical College, Brooklyn Park – Automotive Service Technology

• Matthew Foster, Lake Superior College, Duluth –Automotive Service Technology

• Mason Frank, Dakota County Technical College, Rosemount – Automotive Service Technology

• Ty Gregor, St. Cloud Technical & Community College, St. Cloud – Automotive Service Technology

• Jonathan Herrera-Martinez, Hennepin Technical College, Eden Prairie – Automotive Service Technology

• Joshua Hogan, Century College, White Bear Lake –Automotive Service Technology

• Catherine Jacobs, Dunwoody College of Technology, Minneapolis – Auto Body Collision Repair

• Lex Lewison, Riverland Community College, Albert Lea – Automotive Service Technology

• Sydnie Mailer-Kelly, Dakota County Technical College, Rosemount – Automotive Service Technology

• Cindy McCulley, Hennepin Technical College, Eden Prairie – Auto Body Collision Repair

Minnesota Careers in Auto Repair & Service (MNCARS)

MNCARS

• Zack McLaughlin, Dakota County Technical College, Rosemount – Automotive Service Technology

• Eric Otam, Dakota County Technical College, Rosemount – Automotive Service Technology

• Jacob Lee Marwyn Paulson, Century College, White Bear Lake – Automotive Service Technology

• Peter Rozeboom, Dunwoody College of Technology, Minneapolis – Auto Body Collision Repair

• Margaret Sager, Lake Superior College, Duluth –Automotive Service Technology

• Landon Stookey, Dakota County Technical College, Rosemount – Automotive Service Technology

• Julia Swanson, Dakota County Technical College, Rosemount – Auto Body Collision Repair

• Tomas Szambelan, Dakota County Technical College, Rosemount – Auto Body Collision Repair

• Samweil Tawfik, Century College, White Bear Lake –Automotive Service Technology

• Joshua Taylor, Hennepin Technical College, Eden Prairie – Automotive Service Technology

Congratulations to all this year’s recipients!

The scholarship awards are the centerpiece of AASP-MN’s Automotive Education Fund, which was established to provide financial resources to support automotive students, enhance automotive programs and raise awareness of career opportunities in the independent automotive service industry.

Attention AASP-MN Members!

Complete Your Member Profile

The AASP-MN website was designed to help you seek out other AASP-MN members when looking for services, tools/equipment or general advice and has search capabilities to facilitate those connections. However, in order for the search results to include information about your shop, you must complete your member profile on the website.

To do that, go to aaspmn.org and click on the “Members Only” button in the upper right corner. You will be prompted for a username and password. (If you don’t know this information, contact the AASP-MN office.)

Once you are logged into the site, click on “Members Only” on the navigation bar. A drop-down menu will appear. The first option on that menu is “My Profile.” Click on the “My Profile” option to update your company profile. Once you’ve completed editing your profile, hit the save button at the top of the page.

Please take the time to check out all of the great information and resources on the AASP-MN website, including:

Information about:

• Association news

• Member benefit programs

• Current/past legislative activities & find your legislators

• Industry training and upcoming events

Member shops, tools and equipment:

• Search our database to find a member shop in your area, see what diagnostic or other equipment they own, what repair information they subscribe to, which management system they use and more! Our extensive database was designed to help members connect with – and be a resource to – other members. So be sure to login and complete your member profile!

Resources/links:

• Regulation of Claims Practices & Prohibition on Insurers Statutes

• Truth in Repairs Act

• Insurer Unfair Claims Practices Report

• MN Motor Vehicle Damage Disclosure & Reporting Requirements

• P-Pages, DEG & other estimating resources

• OEM service information

• MPCA Fact Sheets and other regulatory compliance information

Sample documents:

• Complaint Letter to Department of Commerce

• Loaner Car Agreement

• Repair Authorization form

• Notice of Hazardous Defects

• Assignment of Insurance Proceeds

• Sheriff’s sale instructions and documents

Consumer info:

• Find a Shop

• Auto Insurance Claims & Claimants’ Rights “Nuts & Bolts” brochure

• Consumers’ “Know Your Rights” (after submitting an automobile accident claim to your insurance company)

• Motor Vehicle Service Contracts: FTC, MN Attorney General and Consumer Reports

• FTC Consumer Alerts on auto warranties and warranty scams

Other:

• Automotive career and scholarship info, including links to state college automotive programs

• AASP-MN News Magazine – Check out the current or past issues of the Association’s monthly magazine, AASP-MN News

• And, much more!