New England Automotive Report January 2018

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MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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PLUS: • CCC's Data Controversy • The Position Statement Myth

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2018 MEMBERSHIP APPLICATION MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

As a member of the Alliance of Automotive Service Providers of Massachusetts (AASP/MA), I will abide by the association’s bylaws and code of ethics. I understand that membership in AASP of Massachusetts is non-transferable, and I must remain current with my dues in order to be a member in good standing. I understand that if I discontinue my membership that I must immediately cease using any association promotions, logos or materials. Additionally, I understand that as part of my AASP of Massachusetts membership, I will receive New England Automotive Report, the official publication of AASP of Massachusetts, faxes, emails and other mailings.

*** PLEASE TYPE OR PRINT LEGIBLY *** Primary Contact Name: ________________________________________________________________________________________________ Business Name: ______________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________ City

Street

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Mailing Address ______________________________________________________________________________________________________ Street

Phone Number ( E-mail Address

City

)____________________________________ Fax Number (

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Zip

) __________________________________________

________________________________________ Web Site Address ____________________________________________

MEMBERSHIP TYPE (check one) Collision Repair Shop

ACCOUNTS PAYABLE CONTACT: Name: __________________________________________________

Mechanical Repair Shop

Phone Number: __________________________________________

Both, Collision & Mechanical Repair Shops Vendor

Email:____________________________________________________

RS Number (if applicable) ________________________________ ANNUAL MEMBERSHIP DUES

AASP/MA CHAPTER (check one) MidState Southeastern Northeastern Western

(The AASP membership year is from January 1 to December 31, 2018)

$40/month

$115/quarter

$425/year - BEST VALUE!

Monthly & Quarterly Dues are Automatic Credit Card Transactions ONLY*

NEW! Political Action Committee (PAC) Donation ...............$_____ Personal Contributions Only

ADDITIONAL CONTACT FOR NEWSLETTERS AND LEGISLATIVE UPDATES Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________ Email: ____________________________________________________

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PLEASE COMPLETE THIS MEMBERSHIP APPLICATION AND RETURN IT WITH PAYMENT TO AASP-MA OFFICE. 12 Post Office Square, 6th Floor • Boston, MA 02109 Phone: (617) 574-0741 | Fax: (617) 695-0173|jzywien@aaspma.org As required by the U.S. Tax Code, AASP of Massachusetts, Inc. informs its members that 75% of the dues paid to the association are tax deductible. The remaining 25% is allocated to legislative activities and is not tax deductible.

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January 2018 • Volume 16, No. 1

CONTENTS

DEPARTMENTS VICE PRESIDENT’S MESSAGE by Adam Ioakim 8 | The Position Statement Myth LOCAL NEWS 13 | ADALB Issues Critical Partial Refinish Advisory Ruling 16 | Cloot’s Auto Body Stays in the Holiday Spirit Despite Vandalism by Kristen Dalli LOCAL FEATURE by Kristen Dalli 13 | A Look Back: Rick Starbard Reflects on His Local and National Industry Service

26

NATIONAL NEWS 30 | Education & Expansion: NORTHEAST® 2018 on Pace for Another Exceptional Year by Kristen Dalli LEGAL PERSPECTIVE by James Castleman, Esq. 42 | Why Collision Repair Shops Need to Follow OEM Procedures: Part 1 of 2 INDUSTRY NEWS by Tom Beck, Futurecure 47 | “U” Drive Monster Truck coming to CT

FEATURES

34

COVER STORY by Joel Gausten

ALSO THIS ISSUE

26 | Community Is Key: Vendor Sponsors Help AASP/MA Succeed

5 | AASP/MA MEMBERSHIP APPLICATION

NATIONAL FEATURE

10 | A MESSAGE FROM THE EXECUTIVE DIRECTOR Calling All Auto Body Shops!

34 | Controversial CCC Data Platform Nears Rollout by Joel Gausten

110 | AASP/MA SPONSOR INFO

38 | Where Will All the Adjusters Go? by Tom Slear

54 | INDEX OF ADVERTISERS New England Automotive Report

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VICE PRESIDENT’S MESSAGE

The Position Statement Myth ADAM IOAKIM

The same thing can be said about recent activities at the Auto Damage Appraiser Licensing Board (ADALB).

Last month, the Board voted to issue an Advisory Ruling declaring that partial refinishing of a damage part is considered to be a modification of a published manual and may not be included on an appraisal without prior negotiation. This was done to reiterate language that already exists in 212 CMR 2.04(1)(e) and help avoid confusion out in the field. The ADALB’s ability to issue Advisory Rulings is a wonderful thing, but the best and most comprehensive information on how to conduct yourself during the appraisal process is found in the complete regulations for our state.

With the recent verdict in the John Eagle case getting headlines everywhere we look, the possibility of further litigation is looming. Protect yourself by following OEMrecommended procedures at all times – and always look for the whole pie instead of just settling for a slice.

For the past several months, AASP/MA and New England Automotive Report have been working hard to encourage shops to adhere to OEM position statements on pre-and post-repair scanning and a host of other critical procedures. While a number of automakers are publishing a variety of statements in order to give us quick access to recommended repair information, these documents should be considered only the tip of a very big iceberg. In reality, position statements are merely advertisements for what’s really important – the OEM repair manuals.

With the many technologies and changes hitting our industry every day, it is important for us to remember that going directly to the OEM repair manuals is the best option and should always be the first step in the process.

There are some manufacturers that have information on pre-and post-repair scans in their manuals despite the fact that they have yet to issue an official position statement on the matter. The absence of a position statement on scanning or any other crucial element of the repair does not mean that the OEM manufacturer doesn’t recommend that procedure. This is a myth that has gone on for too long; the only way to know for sure is to refer to the source.

N

E

W

E

N

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

ADAM IOAKIM is the co-owner of Hogan & Van

Auto Body in Medford, MA. He can be reached at (781) 436-0366 or adam@hoganandvan.com.

G

L

A

N

D

AU M TIVE AUT T TI TIV STAFF

AASP/MA EXECUTIVE COMMITTEE

PUBLISHER

CREATIVE DIRECTOR

Thomas Greco - thomas@grecopublishing.com

Lea Velocci - lea@grecopublishing.com

SALES DIRECTOR

EDITORIAL/CREATIVE COORDINATOR

Alicia Figurelli - alicia@grecopublishing.com

Kristen Dalli - kristen@grecopublishing.com

EDITORIAL DIRECTOR

PRODUCTION

Joel Gausten - joel@grecopublishing.com

Donna Greco - donna@grecopublishing.com

PUBLISHED BY: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963

PRESIDENT

TREASURER

Molly Brodeur

Kevin Gallerani

VICE PRESIDENT

LEGISLATIVE CHAIR

Adam Ioakim

Peter Langone

SECRETARY

IMMEDIATE PAST PRESIDENT

Gary Cloutier

Paul Hendricks

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR Rob DelGallo

AASP/MA DIRECTORS www.grecopublishing.com 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 © 2018 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

Darlene Andrade

Kevin Kyes

Matthew Ciaschini

Frank Patterson

Alex Falzone

Mike Penacho

Joshua Fuller

WWW.AASPMA.ORG

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

8 January 2018

New England Automotive Report

AASP/MA EXECUTIVE DIRECTOR Jillian M. Bukhenik 12 Post Office Square, 6th Floor Boston, MA 02109 Phone: (617) 574-0741 Fax: (617) 695-0173 Email: jzywien@aaspma.org

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COLONIAL VOLKSWAGEN COLONIAL SOUTH CHEVROLET 89 Turnpike Road (Rte. 9) 361 State Road (Rte. 6) Westborough, MA. 01581 Dartmouth, MA. 02747 Phone Number: 888-322-6570 Phone Number: 508-996-6266 FAX Number: 508-616-0445 FAX Number: 508-979-1219

COLONIAL VOLKSWAGEN OF MEDFORD 162 Mystic Avenue Medford, MA. 02155 Phone Number: 781-475-5200 FAX Number: 781-391-3506

WELLESLEY VOLKSWAGEN 231 Linden Street Wellesley, MA. 02482 Phone Number: 800-228-8344 FAX Number: 781-237-6024 Contact: Dan Bettencourt / Wholesale Parts Manager

COLONIAL CHEVROLET 171 Great Road Acton, MA. 01720 Phone Number: 800-787-2787 FAX Number: 978-263-8587

COLONIAL WEST CHEVROLET 314 John Fitch Highway Fitchburg, MA. 01420 Phone Number: 978-345-5532 FAX Number: 978-345-1152

COLONIAL CADILLAC 201 Cambridge Road Woburn, MA. 01801 Phone Number: 781-935-7009 FAX Number: 781-933-7728

Place any order online with our parts order form at www.buycolonial.com

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A MESSAGE FROM THE EXECUTIVE DIRECTOR

The New Year Ahead JILLIAN BUKHENIK

Dear Members, The year ahead will be one of transition, guided by our newly developed strategic plan. Over the next several months, we hope you will be able to feel and see the changes. Throughout 2018, this organization will be driven by three goals: Stabilize and Grow Revenue. We are only as strong as our members.

As with any organization, we rely on your support and participation to fuel our efforts. With this goal in mind, we have developed consistent opportunities that work to promote industry partners and streamline current practices. As you may be aware, we have already begun to roll out our new Vendor Affinity Program, which provides our current and prospective vendor members a one-stop-shop model for supporting AASP/MA’s mission: to build the success of the auto repair industry in Massachusetts. These unique packages offer sponsors several opportunities to showcase their products and services to new and existing customers. Additionally, we have worked to streamline our yearly events. In 2018, we will host three major events: A spring meeting with educational programs and table top exhibits, our Golf Outing/BBQ and a social fall event.

Increase Member Engagement.

Our priority is and continues to be creating value for our members. In 2017, the AASP/MA Board sought prioritization of membership communication as a need for internal growth to both retain and grow our membership. In an ever-evolving world of communication, we know how important it is that you’re receiving concise, useful information from AASP/MA. Over the next year, we will use a variety of different mediums to build better relationships with new and prospective members. This may include: Site visits, print, email, social media and

10 January 2018

the improvement of our website. Additionally, AASP/MA is focused on bringing member benefit programs to you that directly impact your bottom line. We are currently researching a variety of programs that will save members money and add value to already existing AASP/MA offers.

Continue to Position AASP/MA as a Watchdog for the Industry. Over the last four years, AASP/MA has become a force at the State House, and the insurance industry has been forced to respond to and defend against our organization’s initiatives.

Over the next year, our focus remains on our Labor Rate legislation and the necessary change on behalf of the industry. Additionally, AASP/MA has had an incredible impact at the ADALB. Our continued engagement at the ADALB has the most direct impact on the body shops, most recently with the Board’s Advisory Ruling on writing partial paint. Please view the video uploaded on the Members Only section of our website, aaspma.org.

We look forward to your continued support in achieving our goals in 2018. With the three above in mind, please make the most of your AASP/MA membership. Attend a meeting. Volunteer for the Board or a committee. Start a conversation with us or with your peers on our social media pages. Recruit your peers.

Make 2018 your year to share in our mission of building the success of the auto repair industry.

MASSACHUSETTS

Sincerely,

BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Jillian M. Bukhenik, Executive Director

AASP/MA EXECUTIVE DIRECTOR JILLIAN BUKHENIK (formerly Jillian

Zywien) has been a senior account executive at Lynch Associates for over eight years. She can be reached at (617) 574-0741 or via email at jzywien@aaspma.org.

AASP/MA ASKS YOU TO PLEASE SUPPORT

Contact AASP/MA at (617) 574-0741 / jzywien@aaspma.org for information on additional AASP/MA sponsorship opportunities!

New England Automotive Report

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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 can’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

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

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

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

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

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[LOCAL] NEWS

ADALB Issues Critical Partial Refinish Advisory Ruling

The ADALB has issued an Advisory Ruling initially proposed by Board member Rick Starbard (left).

At the December meeting of the Auto Damage Appraiser Licensing Board (ADALB), the group approved on a 3-2 vote (the Chairman voted in the affirmative) to pass an Advisory Ruling declaring that partial refinishing of a damage part is considered to be a modification of a published manual and may not be included on an appraisal without prior negotiation. AASP/MA had requested a position on this matter from the Board for the last few meetings, and the association considers this a significant win on behalf of collision repairers.

AASP/MA encourages all members to watch the exclusive video content of this meeting by accessing your account on our Members Only portal at aaspma.org. If you have trouble accessing your account or have questions on the Advisory Ruling, please contact the AASP/MA office at (617) 574-0741.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[LOCAL] NEWS

Cloot’s Auto Body Stays in the Holiday Spirit Despite Vandalism

At Cloot’s Auto Body in Westfield, a seasonally decorated 1954 GMC pickup truck has become an area icon.

Though beloved by Westfield natives and visitors alike, the truck has incurred vandalism in recent years, with the most recent incident occurring on Thanksgiving evening and the night before.

“It had happened two Halloweens in a row,” shared Cloot’s owner and AASP/MA Secretary Gary Cloutier. “This Halloween, nothing was vandalized, but someone came around and unplugged all the decorations on the display that make noise.”

In regard to the most recent instance, Cloutier has some thoughts on what happened.

“I know that everybody goes out the night before Thanksgiving.

My wife and I thought maybe they were drunk – but then to have it happen again the following night, on Thanksgiving, at almost the same time, makes you wonder if it’s the same people but in a different car. The first night, it was a two-door coupe; the following night, it was a four-door sedan. Unfortunately, the video was too far away and too grainy to make out a clear, good picture of who they were, the plate number or the kind of car. We’ll probably never catch them.”

Cloutier has been decorating the truck since 2013, after he saw a post on his cousin’s Facebook page: A picture of an old truck with flowers in the back of the bed.

“I thought it was a picture of her husband’s truck at her house. I saw her at a family function and told her that I got the idea from her, and she had no idea what I was talking about. She had just posted the picture because she liked it, but for me, it became the impetus for me wanting to do this.”

In the four years since the truck has been at Cloot’s, it has become a focal point for the business. Cloutier started with flowers in the summertime; before long, he was decorating for every major holiday or special occasion.

“We put the truck out front in the summer of 2013 and then decided to decorate it for fall. I put out some mums, cornstalks, pumpkins – people loved it. Slowly, it morphed into decorating for Thanksgiving, Christmas, Easter – it just grew and grew. We were receiving such a positive outpouring from people. It was the best marketing idea I’ve ever had.

“Now, people look forward to it. I talk to people from the area who have relatives come out and will intentionally take the Mass Pike so they can take the Westfield exit just to see the shop and see the truck decorated. It’s crazy that people love it more than we ever thought.”

Though the vandalism has been troublesome for Cloutier and his wife, Liz, they have decided to go ahead and decorate the truck for the holidays based on the overwhelming support and donations from locals.

“When this happened, people were furious. At first, we weren’t going to decorate for Christmas. We’re going to be away visiting family in South Carolina, and we knew we’d worry about it the whole time. But with the way it’s been going with everyone dropping off decorations, they’d be heartbroken if we stopped.

“We decided to have a ‘No Grinches Allowed Cloot’s Truck Decorating Party’ on December 9,” he adds. “We had coffee, doughnuts and hot chocolate. People stopped by to help decorate or just say hi.”

At the time of this writing, Cloutier shared with New England Automotive Report that the shop had not only received countless decorations from customers and locals to spruce up the truck for Christmas, but also roughly $240 in donations for new decorations.

“This just goes to show that there are more good people in the world than bad.”

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

A before-and-after shot of the vandalism that hit Cloot’s Auto Body 16 January 2018

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[LOCAL] FEATURE

by Kristen Dalli

This month, we sit down for a chat with industry veteran Rick Starbard, who recently retired from the AASP/MA Board of Directors after one of the longest and most active tenures in association history.

He shares memories of his many years with both AASP/MA and AASP National and offers insight into how these activities bettered his long-running business, Rick’s Auto Collision in Revere, and strengthened his passion for the collision reapir industry.

New England Automotive Report: When did you first get involved with the association, and what initially led you to make that decision?

Rick Starbard: I started my own business in ’83 when I was 19. A couple years in, I started getting mailings from the Massachusetts Auto Body Association [MABA]; I sent them a check, but I didn’t really get involved. Not long after that, I started reading in the magazine about an insurance reform bill that passed that was devastating to the industry. That’s when I started getting involved. The association got behind a guy running for governor of Massachusetts, and that led to me getting involved on the 20 January 2018

should know as much as you can about what’s going on in the industry to stay on top of your game.

NEAR: How has being an association member helped you as a business owner?

Rick Starbard (far left) during one of his many trips representing the auto body industry at the State House

Board. There was also a group of shops in town that started meeting to talk about issues shops were facing in the area. MABA started to come to those meetings to make sure we weren’t getting into trouble with what we were discussing. That’s what really started the ball rolling with getting chapters set up in MABA. I started on the Board in the early ’90s, and whether it was MABA or AASP/MA, it’s just been a constant since then.

NEAR: Why is staying involved in the association valuable?

RS: It’s how we make our living. If this is how you make your living, you

New England Automotive Report

RS: Everything has helped me. Aside from the different seminars that I’ve gone to nationally, locally or regionally, I always learn a great deal in other areas. The amount I’ve learned from my peers – other guys in the business – is immeasurable. It’s a great family of guys and women.

NEAR: During your time on the Board, what were some of the association’s greatest accomplishments?

RS: Back in the early ’90s, we got the Inspection Sticker Bill passed. Some of our biggest wins have been playing defense to things that are proposed by the insurance industry that we feel are damaging to the collision industry or consumers. We’ve been able to get ahead of those things and keep them at bay. Sometimes the best offense is a good defense.

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NEAR: What have been some of the biggest changes to the industry? How is the association working to address those changes to the benefit of members?

RS: Technological changes in the automobile. The repair process. The type of businesspeople we’ve had to learn to become. I think the association is doing a great job. The information is always there through the association and New England Automotive Report and by promoting industry events.

Those who are in the dark choose to stay in the dark.

NEAR: You’ve spent time on the AASP National Board. How did you become involved in that, and what value did you gain from it? What you were able to bring back to the regional market and to your own business?

RS: That’s a long story. In the early 2000s, some of the MABA members, particularly in the North Shore, aligned with AASP/MA, which at that time was mostly comprised of mechanical shops. That just started to evolve, and it grew on the collision side. Over the next few years, we started working with the Central Massachusetts Auto Rebuilders Association [CMARA], then things kind of came full circle. I started working again with MABA, and we all decided to merge into one association.

When I joined the AASP/MA Board, that brought us into light and into participation with AASP National. The Massachusetts group wanted a collision guy to represent them on the National Board, and so that’s where my participation started.

Then, I became vice president and did a few terms as president, and I’m currently the past president. Serving in that national scene, you start to meet other people from around the country. We got involved with the Society of Collision Repair Specialists [SCRS] and the Automotive Service Association [ASA]. With some of the

issues that were coming up, particularly with databases, Nick Kostakis [AASP/NJ] and I started the Database Task Force, which evolved into the Database Enhancement Gateway [DEG]. Nick and I were the two AASP reps on the Joint Operating Committee of the DEG. Tom Greco from Thomas Greco Publishing published MABA’s magazine at the time. When that association started going in a different direction with their publication, we immediately grabbed him, which was a great fit. He was part of AASP/NJ and was publishing their magazine, and he was also doing one for AASPMN. The relationship I already had

The majority of shops don’t realize the efforts that so many people put into this industry in this state that they’ve benefitted from – whether they know it or not. with him, going back years, made it a perfect fit. From there, we started getting AASP/MA to become regular participants in the NORTHEAST® show. I go to every one of them, and I have more fun there than I do at SEMA. The national association benefits are great. They have one really good one now with insurance, but unfortunately, the company doesn’t write in Massachusetts. Being involved nationally allows you to get a sense of what’s going on with other affiliates around the country. At our National Board meetings, we always end it with a roundtable. Each state talks about what’s going in their state association, what they’re doing for their members or what they’re doing legislatively. It enables us to take a look at some of the things that are

going on in Minnesota or New Jersey or wherever, and we don’t have to reinvent the wheel. We can pick up on things and try to implement them in our shops. It’s been a great resource.

NEAR: Any standout memories from the MA association? Key people/issues?

RS: There’s a ton of key people. All the North Shore guys. It’s been interesting to look back, because when I got involved in the state association, I was in my 20s – I was a kid. I’d look up to these guys who were a big deal. Now, [AASP/MA President] Molly Brodeur and all the younger guys are calling me the historian. When you look at the second generation that’s coming up and taking over their family’s business and are now running the association – like Molly, [Vice President] Adam Ioakim, [Treasurer] Kevin Gallerani and [Board member] Josh Fuller – it’s been fun to watch that.

I can think back and fill a page with a list of people who were involved with those boards over the years – a lot of good people.

Unfortunately, the majority of shops don’t realize the efforts that so many people put into this industry in this state that they’ve benefitted from – whether they know it or not.

NEAR: This can be a very frustrating industry, especially legislatively.

People don’t always see immediate change take place. As an association member, what advice would you offer for people to convince them to remain active in the association?

RS: It’s the only way. When we first started putting chapters together in the ’90s, we were pretty strong up here in the North Shore. One of the South Shore directors would always say, ‘Swim together, sink alone.’ Shortly after we got rolling, we had over 600 members. He unfortunately got cancer and passed away, but we kept that slogan with us. There’s no truer statement than that – we have to stick

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[LOCAL] FEATURE together. We’re up against one of the biggest, most powerful machines in the country that does everything in its power to try to rule us. Together, we’re successful in holding things at bay. All our problems that we face in this industry have occurred because they’ve been able to divide some of the people and conquer them.

Unfortunately, with a lot of issues, particularly the Labor Rate, when they conquer a few, we all pay the price.

Every problem that we have – whether it’s rates, parts, materials, process – is because we allow the insurance industry to make them our problem.

NEAR: As you look back on your years as an industry rep, what are some of your proudest moments?

RS: I’ve seen some bad ones. I saw the division of MABA happen twice, and then CMARA broke away, and then we broke away. Some of the proudest

times were being able to put it all back together with all the groups and unite back into one group.

I remember back when we had an aftermarket parts demonstration at the State House. The whole setup, the amount of people we had and the interest from the legislators coming down and touching these parts was a shining moment for us collectively.

Some of the seminars that were run and the people that were brought in were really exceptional.

Most recently, having Bill Johnson and me named to the Auto Damage Appraiser Licensing Board [ADALB] has hopefully helped better represent our industry’s issues. Neither one of us have insurance company contracts, and it’s made a huge difference. We’re not out there voting based on a contract. This current Licensing Board has been more active and effective than any ADALB in the past.

NEAR: Any other closing remarks?

RS: I’m not going away any time soon.

I was elected to the City Council up here, and I’m continuing my work with the ADALB. I have the shop. I also taught for 14 years and got involved with education. I served on the school committee and got to see how the association got involved educationally with the schools. We’ve done a really good job of promoting partnerships between industry members and area vocational schools.

That’s the next generation coming up, and we need to keep that as a priority.

We’ve done a lot of good things.

There’s no reason for any shop that cares about their business – and cares about the industry that they make a living in – to not be a member of AASP/MA. MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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24 January 2018

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Community Is Key: [COVER] STORY

by Joel Gausten

Vendor Sponsors Help AASP/MA Succeed As AASP/MA begins a new year, the association is determined to continue its work in building the success of the auto repair industry.

Without question, AASP/MA would not be able to maintain its presence in the Commonwealth without the strong and enthusiastic support it receives from its vendor sponsors. This month, New England Automotive Report speaks with some of these companies to discuss their reasons for their involvement in AASP/MA, the benefits they gain from this experience and their hopes for these special unions moving forward.

For AASP/MA Sustaining Sponsor PPG, maintaining a decades-long relationship with the association has been an excellent way to stay in direct contact with Commonwealth shops while also gaining insight into their customers’ needs and goals.

“PPG’s really committed to being more than a can of paint to our customers,” says PPG Territory Manager Rachel Skerry. “We offer education, tools and services to help them better their businesses. We look to be a partner with our collision shops, and AASP/MA has been strong in its efforts to improve the industry.

Our value sets are very similar in that regard, so our relationship has been a natural evolution over the years. It’s a mutually beneficial way to help our customers in a non-traditional way.”

With technological demands hitting the collision field at a rapid pace, PPG works to serve the industry by supporting entities like SkillsUSA and the Collision Repair Education Foundation (CREF) in addition to regularly hosting its own in-house training programs. This commitment is a perfect match for AASP/MA, who has also worked to elevate educational opportunities in recent years.

“They really put a large focus on education, and I think they’re on the right track with that. AASP/MA taking the lead in being an educational resource is really the right move. They continue to listen to what shop owners want, and they are very receptive to what members are looking for. No one organization can do it alone, so AASP/MA succeeds as a team player. They work well with us, and I know they work well with other vendors. They really try to bring everyone together, and they do a really nice job at that. I think the more education and information we bring to collision shop owners – particularly with the rapidly improved technology, fast-paced changes, insurance demands and all the other things affecting different facets of our industry – the stronger we will all be.”

If you regularly attend statewide and/or regional AASP/MA events, you’ve inevitably seen Enterprise Rent-A-Car there to 26 January 2018

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support the association as either a sponsor or attendee.

The company’s relationship with AASP/MA (and the previous associations that spawned its current incarnation) spans decades and stands as an example of the great things that can be accomplished when vendors and associations work together to foster continued success within the industry.

“Staying active in AASP/MA really maintains the relationships we have with people we work with on a daily basis,” offers Enterprise Replacement Rental Director Amy Blair. “Through supporting the association, we’ve been able to keep ourselves involved in the industry, become better partners with body shops and keep these relationships going.”

Enterprise’s long-standing support of AASP/MA includes serving as Tournament Sponsor of the 2017 Golf Outing.

“Being able to network at these events and talk with our customers about things that are going on in the industry is very important to us.”

Additionally, Enterprise supports efforts that increase the number of technicians entering the field to handle advancing automotive technologies. In addition to hosting I-CAR classes at Enterprise locations in Massachusetts, the company maintains a strong working relationship with CREF. “Getting new people excited about the industry and what’s going on is something we should all pitch in to do. It’s vital to members of our industry and to customers that we are involved in the educational piece of collision repair to attract more talent to the industry as it’s evolving.”

Bob Levy, vice president of Don Kennett Auto Body Supplies, began his long history as an AASP/MA event sponsor out of respect for the body shops he serves.

“Two customers of mine were on the AASP/MA Board of Directors when I first became involved. They were very good to me, and supporting the association was something I could do for them.”

Although he is a major fan of Casino Night and other major association activities, Levy believes the best thing about AASP/MA is the group’s active involvement with vocational schools – something he’d love to see continue in 2018.

“I’d like to see vendors work with the association in implementing more training for shops. As vendors, we can supply equipment to train those members. It’s sometimes hard to get people to attend I-CAR classes; that’s a big issue. Shops need to step up to the plate and take advantage of what AASP/MA is providing for them. We could always use new faces at these events.

The people who complain the most are often the people who don’t show up to the seminars. Help and solutions are there for AASP/MA members; I encourage everyone in the association to take advantage of them.”

Currently, Don Kennett provides materials and equipment to 11 vocational schools in Massachusetts, while company team members serve on 10 different school Advisory Boards.

“Some vendors shy away from doing this for schools because there’s not much money to be made there, but they’re only thinking short-term. The longterm benefits will come when students get the support they need to enter the field and have a career. The industry benefits when shops reach out to vocational schools. A little time and effort at your local school could lead to a new tech coming through your door.”

Levy is encouraged to see AASP/MA hosting more Statewide Meetings at area schools.

“It’s something I’d love to see AASP/MA do more of. It’s a very positive thing. It exposes the school and the programs, and it promotes the culinary departments and other things that schools have to offer.”

An active association supporter since the 1980s, Long Automotive maintains a regular presence at AASP/MA functions throughout the year.

“It’s great having a group like AASP/MA that looks out for body shop owners and helps change things at the State House,” offers Long Automotive Parts Manager Tom Schube. “I wish more shops would join and support everything the association does.”

Like other area vendors, Schube and members of his parts team can be seen on the golf course every summer.

“We like being a part of the AASP/MA Golf Outing because we get to see a lot of customers in an element they’re not normally in. It’s nice to see people away from the shop when they’re not so busy working. It’s a great get-together and one of the best things AASP/MA does all year.”

Like many other members of the AASP/MA community, Schube is hopeful that the association’s ongoing work to address the Labor Rate will lead to improved conditions for his customers.

“The Labor Rate issue is huge; I know every body shop would like to see that changed. We all need to support AASP/MA in everything they’re doing to get the Labor Rate Bill passed. That would make a lot of shops very happy.”

Thanks to help from these and other industry veterans, shops in Massachusetts can rest assured that AASP/MA will move ahead with its plans to better the auto body field for all involved. These companies are more than just auto-related businesses – they are valued members of a growing industry family that is determined to work and prosper together.

For more information on AASP/MA sponsors (or for sponsorship opportunities), please contact the association at (617) 574-0741.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[NATIONAL] NEWS

EDUCATION & ExPANSION: on Pace for Another Exceptional Year In just a few short weeks, AASP’s New Jersey affiliate association (AASP/NJ) will be bringing its NORTHEAST Automotive Services Show back to the Meadowlands Exposition Center. As the country’s largest and fastestgrowing regional automotive trade show, NORTHEAST (held March 16-18) is already on pace for another historical, record-breaking year. On the heels of the show’s 40th Anniversary in 2017, AASP/NJ has announced a number of exciting new features for the 2018 installment that no one in the collision industry will want to miss.

For starters, attendees and exhibitors alike will be able to take advantage of the brand new NORTHEAST Pavilion – a second level that will nearly double the show’s size.

With its fourth consecutive sold-out show in 2017, growing NORTHEAST for 2018 was inevitable. The NORTHEAST Pavilion will feature over 100 additional exhibitor booths, along with exclusive educational opportunities, special events and training, hands-on demos, a gourmet food court and much, much more.

NORTHEAST 2018 is growing even further with a brand-new “Collision P.R.E.P. (Professional Repairer Education Program)” educational series, presented by the Washington Metropolitan Auto Body Association (WMABA).

“Education is so important to what we do every day,” says AASP/NJ President Jerry McNee. “Providing industry members with high-quality education has always been one of our main priorities, and teaming up with an association like WMABA, who has many decades of experience providing a high standard of industry training, is helping us do just that.”

WMABA President Mark Schaech shared similar sentiments, saying, “As a fellow repairer, I know that repairers need this event, and they need it to be great. It takes a lot of effort and dollars to get techs, managers and owners to an event, and we know what they gain here will be worth it.”

As the show continues to get bigger, this collaboration with one of the nation’s most prominent automotive repair associations speaks to AASP/NJ’s commitment to bringing a top of the line educational forum to NORTHEAST attendees.

“To keep up with the changes in technology and our industry, associations need to get together to provide relevant education,” states WMABA Executive Director 30 January 2018

New England Automotive Report

Jordan Hendler. “Our association’s 50-year history has shown that we are repairer-centric and thrive only when they are successful. The goal of this partnership for us is to provide a quality, lasting educational experience.”

“We want everyone at the show to have the opportunity to better themselves and better their businesses, and having WMABA’s energy and expertise at the helm of our seminar offerings will undoubtedly accomplish that goal,” McNee adds. “We are well on our way to another incredible NORTHEAST show.”

Online pre-registration for NORTHEAST opened in early December, and with an influx of attendees having already obtained their badges for the show, securing a hotel room at one of the show’s host hotels – with the discounted show rate – is an important next step. AASP/NJ currently has agreements with the Hyatt, Embassy Suites and Courtyard by Marriott – all within walking distance of the Meadowlands Exposition Center.

“We’re very excited for all of the new additions coming in 2018 – from the education to the vendors to the networking,” says McNee. “If you’re in this industry, you can’t miss NORTHEAST. My advice is to sign up as soon as you can.”

Featuring a full weekend of exceptional educational seminars, the most sought-after vendors in the industry and the most pertinent industry-related discussions – all conveniently located just a few hours from Massachusetts – NORTHEAST 2018 is a must-attend event for automotive professionals.

To register for NORTHEAST and get the most up to date information and announcements, visit aaspnjnortheast.com.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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CoNTrovErSIAL CCC Data Platform NEArS roLLoUT

[NATIONAL] FEATURE

by Joel Gausten

In an industry already swimming in alphabet soup, here come three more letters that could have a huge impact on your business in 2018: BMS. BMS, or Business Message Suite, is the standard created by the Collision Industry Electronic Commerce Association (CIECA) to better protect the data generated in collision repair estimates by doing away with the Estimate Management Standard (EMS) commonly used in the industry. Under the current EMS system, app providers have access to full (and unencrypted) estimate data and 34 January 2018

personal customer information. With BMS, data is encrypted for great security.

Perhaps most important of all, BMS was intended to give collision repair businesses a greater ability to select which data is sent to which app providers and other parties.

This April, CCC will be the first Information Provider to enter into the world of BMS with the official rollout of its Secure Share platform. Currently, approximately 22,000 of the roughly 35,000 body shops in the US are CCC one customers, so the implications of this

New England Automotive Report

move are massive. While CCC is using the CIECA-recommended standard as the platform for their new offering, Secure Share’s arrival in a few short months is already being met with raised eyebrows and concern over who will be able to access, manage and even control one of the industry’s most valuable assets – the data.

“The controversy has to do with the business conditions surrounding it,” observes Aaron Schulenburg, executive director of the Society of Collision repair Specialists (SCrS). “I think a number of the concerns we’ve heard have to do with how CCC has retained control over the exchange of the data, rather than creating a tool that allows the end-user to control it.

They have imposed fees to manage the exchange of the data that didn’t previously exist to companies that accessed it for free and with permission. But I think the biggest concerns are around the sentiment of control through imposed conditions that require other businesses – who may actually be competitors to CCC – to become their customer if they wish to communicate electronically with repair businesses who they already do business with today – that write estimates in CCC. “The contractual language is onerous and concerning to third-party providers and, in some cases, has caused a number of them to state that they won’t participate unless there are significant changes in the contractual language,” he adds. “In those cases, it then causes concern over what it means to shops who write the roughly 70 percent of the industry’s estimates in CCC when significant service providers can’t accept the terms, self-imposed deadlines and contractual requirements. Does electronic communication as we know it cease at that point? Do new solutions present themselves, or is CCC able to leverage their market share to simply command participation? I think CCC’s market share has also certainly contributed to a great deal of the questions. Could a company with smaller market share impose the same rules, restrictions and requirements and accomplish this?

Probably not.”

In order to utilize Secure Share, app providers and data recipients will be required to register with CCC, pay a onetime developer fee of $2,500 and pay a

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it stands to reason that any provider choosing to engage in CCC’s Secure Share platform will pass all associated costs to shops. i hope that is not the end game, but right now, i haven’t heard any information from the major players indicating otherwise.

- Molly Brodeur, AASP/MA President

$0.50 fee for each transaction – a cost that some reasonably speculate could equate to tens of millions of dollars in revenue and would likely be passed on to shops downstream in the process. vendors have had access to Secure Share without this imposed fee since last spring, but that will change in April.

In a recent conference call between New England Automotive Report and CCC representatives, it was clear that the company strongly believes that it has taken a leadership role on data security with the introduction of Secure Share.

This mindset is based on three key pillars: Security, repairer control and innovation.

Most significantly, CCC insisted that Secure Share gives shops the ability to truly filter the data they generate.

“If a shop is working with a specific oEM certification program, they don’t need to send every estimate to that provider,” explained Mark Fincher, CCC’s vice president of market solutions. “They just need to send the estimates for that specific vehicle make for the oEM certification program they’re on. They can filter that connection down to send just the specific make for that program. That gives the control that they don’t have today.”

That sounds wonderful, but what about CCC’s need to monetize the Secure Share experience? Why is it necessary for CCC to charge a transaction fee for this service? Fincher argued that CCC has made “a significant investment in the infrastructure” of the platform – and such an endeavor comes with expenses that deserve to be recouped.

“When we looked at that, it became obvious to us that the app providers by far

receive the most benefit from this. We eliminate their cost in developing and supporting these data pumps – [which] may run on hundreds of thousands of computers – and we give them a platform to actually market their solution to 20,000plus repair facilities…We believe the value’s there, and we believe we have the right to charge for that and extract value from that.”

Despite Fincher’s position that Secure Share aims to better serve all industry stakeholders, it could be argued that existing companies shouldn’t have to suddenly begin paying fees to support a for-profit entity’s efforts to create a “level playing field” with new entrants. Should app providers currently accessing their customers’ data in order to provide an existing service now have to spend money in a new contractual relationship with CCC to finance a potential competitor’s arrival on the scene? or should new companies – who may have a lot of gain from Secure Share – be the sole entities to pay the new fees? Additionally, could the Secure Share platform ultimately give CCC more control over the data than shops? There’s much to consider regarding Secure Share’s ultimate impact on the industry once April comes around.

While CCC stands behind the value and effectiveness of its new system, a growing list of industry vendors have independently expressed reluctance to share the optimism. John Eck, wholesale dealer channel manager at General Motors, shared his perspectives from the floor of the November CIC in Las vegas.

“We are concerned about Secure Share and the impact on the procurement process for our dealer network, as well as the overall impact to our dealers relative to subscription and/or potential transaction fees…It is not in General Motors’ best interest to be beholden to a third party – or their system – relative to the exchange of that data information that needs to happen to repair that vehicle safely.”

Way back in January 2017, Enterprise rent-A-Car issued a public statement in support of “an open, no-cost data platform for collision repair.”

“We firmly believe models that create barriers to vehicle and repair data could be detrimental to the industry,” stated Mike

Hawkins, vice president of business development for Enterprise Holdings Inc., owners of Enterprise rent-A-Car. “That’s because everyone benefits from an open and level playing field when industry service providers and product suppliers are able to innovate by using industrygenerated data.”

Enterprise rent-A-Car Assistant vice President Dan Friedman reiterated this position at November’s CIC. “That was last January, and it still holds true today,” he said, adding that his company has no current plans to embrace Secure Share.

Like others in the industry, AASP/MA President Molly Brodeur has initial concerns over the Secure Share concept.

“What remains to be seen is how Secure Share is going to affect collision repairers in dollars. What will the cost be to repairers to maintain existing relationships with oEMs, Enterprise and other direct service providers? At the end of the day, Secure Share is yet another platform to extract dollars from the collision industry, which will ultimately come directly out of repairers’ pockets. It stands to reason that any provider choosing to engage in CCC’s Secure Share platform will pass all associated costs to shops. I hope that is not the end game, but right now, I haven’t heard any information from the major players indicating otherwise.”

Look for ongoing coverage of Secure Secure in next month’s New England Automotive Report.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

EDiTOR’S NOTE: As this issue of NEAR went to press, CCC announced it will continue its support for the export of Estimate Management Standard (EMS) files. The company also announced that it has eliminated fees for Secure Share, “creating an environment where participants can share data securely with their chosen partners at no cost.”

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New England Automotive Report

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[NATIONAL] FEATURE

by Tom Slear

Where Will All the Adjusters Go?

What’s become scarier than a mesh parachute?

Earning a living as a claims adjuster.

According to a recent issue of Bloomberg Businessweek, the probability of technology replacing claims adjusters is nearly 100 percent. Only cashiers, telemarketers and bookkeepers are more at risk.

The culprit is automated appraising, oftentimes referred to as touchless estimating, and more robust software will lead to fewer adjusters. In the process, the time from accident to estimate will compress drastically.

What typically took days has already shortened to hours, sometimes even minutes. With the advent of artificial intelligence, it will shrink to seconds. Meanwhile, adjusters

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will join elevator operators, secretaries and gas station

conventional approach of inspecting the car in person

attendants in the ash heap of labor history.

drops from $250 to $60, the kind of savings that prompts insurance executives to salivate. Allstate has been so taken

Cheap and Convenient The guided photo estimating applications now in place are merely the first step of this evolutionary process.

Opinions of how this has worked so far vary widely.

with the notion of pictures replacing human inspections that last year it announced the impending doom of many of its drive-in stations.

Perhaps more important to insurance companies than

Insurance companies see nothing but blue skies, and who

the savings is how smitten car owners have become with

can blame them? According to a Mitchell white paper

the process. What better way to handle claims than with

published last year, photo estimating of low severity claims

the most ubiquitous and irreplaceable electronic device of

($1,500 or less, which represent roughly 40 percent of all

the 21st century?

claims) increases productivity of adjusters by a factor of as much as five. The cost per estimate when compared to the

“Consumers are doing everything on their smart phones,” says Jack Rozint, Mitchell’s vice president of repair sales and service. “There’s a feeling that they are in control. That’s the reason why it is gaining so much popularity.”

What About Performance?

The other side of this savings and popularity is performance. Are estimates initiated by photos enhancing accuracy?

Not surprisingly, none of the five insurance companies contacted for this article – State Farm, Allstate, USAA, Liberty Mutual and Travelers – would agree to an interview about photo estimating. Ask any 10 insurance adjusters (or shop owners, for that matter) the estimated cost of repairing a specific vehicle and you’ll hear 10 different numbers. That’s the nature of estimating, with or without photos, and no company in any business relishes talking about one of its inherently imprecise operations.

(Liberty Mutual and Allstate did provide brief comments. Liberty Mutual said it emphasizes with insureds that its Express Estimate produces only an “estimate of damages.” Allstate said that since its QuickFoto is relatively new, the company “wants to collect more data to have a more complete picture of how the process is working.”)

Shop owners aren’t nearly as reticent.

“I know when I take photos and go back to my desk to write a sheet, I have to go back out and look at the car even though I have photos right up there on my screen,” says Rick Starbard, owner of Rick’s Auto Collision in Revere, MA. “Photos just don’t duplicate the personal inspection.”

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“Nobody wants to stand in the way of progress, but there is a fine line between what works and what doesn’t. This is just a way for insurance companies to save money on the backs of shop owners.”

Leonardo Rodriguez, owner of Autoworks Collision

However, the best hope for photo estimating to reach its

Center in Lynn, MA, recently had a late-model foreign car

full potential of accurate and almost instantaneous

in his shop. The initial estimate from Commerce Insurance

assessments of damages will come from artificial

consisted of two photos and $800. Rodriguez wasn’t sure

intelligence, which is fast becoming the electricity of the

whether to laugh or cry. The damage was substantial, both

modern era. A subset of AI called deep learning will be the

internal and external, and went way beyond the damaged

key component of photo estimating. CCC recently

bumper cover and other minor replacements in the

introduced a sample called Smart Total Loss, where the

estimate. The insured had been driving the car blissfully

repair/total loss decision is derived from a picture. On the

unaware of several obvious safety hazards, the most

surface, the process appears simple – no more complicated

noticeable of which were an inoperable latch for the hood

than a board game.

and damaged headlights. Rodriguez called, and Commerce promptly dispatched an independent appraiser. The final repair came to $7,200, nearly 10 times the photo estimate.

“No good,” Rodriguez says. “[The customer] shouldn’t have been driving that car. It should have been towed.”

“Photo estimating certainly gets the ball rolling quickly,

“We provide the system with a bunch of photos, and whether the outcome was repair or total loss,” says David Bliss, CCC’s senior director for product management.

“With time, it begins to recognize similarities, and it gets to the point where it can predict whether the loss is total or repairable with a high degree of accuracy. Of course, the

but always in an inaccurate direction,” says Nick Kostakis,

technology behind this is where all the sophistication

former AASP/NJ president and owner of Angelo’s Auto

comes in.”

Body in Irvington, NJ. “As a general rule, photo-generated

Deep learning simultaneously performs and learns,

estimates produce lowball numbers. When a car owner

much in the same way as humans. Every time we ski down

comes in here with a photo estimate, it’s just a starting

a hill or practice a foreign language, we learn, setting us up

point.”

to do better next time. This technology learns by reviewing

The starting point for a Ford Explorer that an owner

mountains of data – whether photos, voices, or numbers;

recently drove into Kostakis’ shop was $4,000 based on

eventually, patterns are detected and conclusions are

photos. It left after $23,000 worth of repairs.

drawn. Input is evaluated and it instructs, something akin

“There are three things wrong with photo estimates,” Kostakis says. “They are invariably inaccurate, they are misleading and they create a false sense of security. I can

to another run down the ski slope. In this way, deep learning stays current.

It’s tough to say how deep learning will play out with

tell the customer, ‘You should not be driving that car.’ The

photo estimating. The extreme notion is by-line estimates

same with the adjuster. That doesn’t happen with a photo

complete with parts numbers prepared automatically (no

estimate.”

man in the loop) by insurance companies.

Rozint foresees a “template” with the lines of the

The Electricity of the Modern Era The present phase of photo estimating is passing, and

estimate complete, whereupon “the body shop makes adjustments and then is ready to order parts.” Bliss says

accuracy should improve. Apps are already incorporating

CCC has already had success with indicating which

software that guides car owners more stringently – for

damaged parts need to be repaired and which need to be

example, correcting them in real time if they attempt to

replaced, but he doesn’t believe ordering the parts will be

take pictures from the wrong angle or in bad light.

part of the scenario anytime soon.

40 January 2018

New England Automotive Report

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“Going touchless isn’t necessarily a great thing in all situations,” Bliss says. Instead, the goal is to make the human touches that remain “more efficient, more engaging and more digital.”

Starbard is skeptical. “Maybe their artificial intelligence is better than my real intelligence. If it happens, I will take a peek at it.”

Rozint, who was once the general manager of a shop, has heard similar sentiments from many other shop owners. He understands how distasteful it can be to have a machine’s expertise matched with a repairer’s experience.

But, as he asks, “Would you

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are, not as skilled, and have him make a judgement he is not so good at, or a machine that has been trained over thousands and thousands of claims and millions of photos and does it accurately?”

No matter how perfect, deep learning doesn’t resolve the issue of car owners driving unsafe cars, nor does it diminish the inevitable distrust shop owners have of systems sprinkled with insurance companies’ fingerprints. On a scale of concern from one to 10, AASP/NJ Executive Director Charles Bryant ranks photo estimating in any form a 10.

“Nobody wants to stand in the way of progress, but there is a fine line between what works and what doesn’t. This is just a way for insurance companies to save money on the backs of shop owners.”

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[LEGAL] PERSPECTIVE

by James A. Castleman, Esq.

Why Collision Repair Shops Need to Follow OEM Procedures: Part 1 of 2 extremely unlikely that something similar is ever going to happen to you. If so, do you really need to follow OEM procedures - especially if you think that something else may work just as well, or if the insurer paying for the repair is not going to agree to pay you to do what the manufacturer wants you to do? In my opinion, yes, you do have to follow what the manufacturer says.

Why Should You Have to Follow OEM Procedures?

There are actually many reasons. Among them are: (1) The Seebachan case.

If you have been reading New England Automotive Report over the past few months, you should be aware of the multimillion-dollar verdict rendered against a Texas collision repair shop in the case of Seebachan v. John Eagle Collision Ctr. When making repairs to a hail-damaged roof of a Honda Fit, the shop had panel-bonded a new roof onto the car rather than spot welding it. As a result, when the vehicle was in a subsequent accident, its safety systems did not function as intended, and the occupants of the car suffered severe, life-altering injuries.

To replace this car’s roof, Honda specifies spot welding as its recommended procedure. The shop ignored this directive and instead tried to save State Farm some money by using an adhesive. The shop may have saved the insurer a few hundred dollars, but it did so at an ultimate cost of $31.5 million out of its own pocket. The shop said it had made what it thought was an honest and legitimate business decision to use a different procedure. However, as one of the jurors in the case noted in an interview following the verdict, the jury then ended up making its own business decision for the shop.

The verdict in the Seebachan case should be enough on its own to convince you that you always should be following OEM procedures when repairing damaged cars.

Perhaps this case was one of a kind, and perhaps it is 42 January 2018

New England Automotive Report

Yes, it may be extremely unlikely that you are going to be sued for the kind of damages that were awarded in the Texas case – but it could happen, especially now that lawyers have figured out that there are a few dollars to be made in suing repair shops whose repairs end up causing or increasing the severity of injuries.

The Seebachan case did a couple of things that are likely to cause an increase in these types of lawsuits. First, it made people injured in car accidents, lawyers and the general public aware that it is possible to hold a repair shop responsible in court for making repairs in a manner other than what is specified by a car’s manufacturer.

Second, it helped set a precedent for a standard to be used in future cases. It is now clear that failing to follow OEM procedures may be grounds for finding that a shop was negligent in the way that it performed repairs.

Third, even if failure to use OEM procedures results in only minor injuries, causes increased physical damage to the repaired car in a subsequent accident or merely makes the car look or drive differently, the Seebachan case has opened the door for shops to be sued for failing to utilize OEM procedures. Even the least significant and seemingly frivolous lawsuit is going to cost a shop time and money.

Believe me: No shop wants that headache.

NEAR0118.qxp_NEAR1014 12/19/17 4:18 PM Page 43

(2) Car manufacturers know more about how to properly

vehicle out there on the road that’s safe and reliable…State

repair their cars than you do.

Farm essentially delivered engineering advice and tried to

The repair shop in the Seebachan case was a large and

establish its own repair standards, and [the company] did

reputable enterprise. It was I-CAR-certified, and its

so for the benefit of its bottom line. State Farm cared more

technicians had manufacturer training as to how to

about cutting costs than it did about ensuring its

properly repair cars. The shop manager was experienced

policyholder’s vehicle was crashworthy.”

and well qualified, and he testified in a deposition that he

Insurers are not car manufacturers, and their appraisers

believed that panel bonding the roof actually resulted in a

are not engineers or repair technicians. Remember that no

stronger bond than spot welding would have. Also, that

matter what an insurer is willing to pay for, you are

there was nothing wrong with using adhesive for this

responsible for the work that your shop performs and for

repair.

the consequences of that work.

Honda engineers spent many years designing this car and its safety systems, and they know more about the car

(4) Massachusetts law may require you to follow OEM

than the shop manager. The panel bonding may truly have

procedures— at least in many instances.

been stronger than spot welding, but that is what may have

Regulations issued by the Auto Damage Appraiser

caused the horrific injuries to the plaintiffs. That is what

Licensing Board (ADALB) say that when an appraiser is

caused the structural and fuel protection system of the

writing a damage appraisal, “Manufacturer warranty

vehicle to fail to act as engineered, ultimately preventing

repair procedures, I-Car, Tec Cor and paint manufacturer

the vehicle from collapsing as intended and designed and

procedures may also apply.” Further, they require that

causing damage to the gas tank so that the vehicle caught

appraisers “shall itemize the cost of all parts, labor,

on fire, trapping the plaintiffs inside.

materials and necessary procedures required to restore the

As testified by the plaintiffs’ expert witness, a long-

vehicle to pre-accident condition.” It may well be that

time OEM engineer: “The Seebachans would likely have

failure to use OEM procedures means a failure to restore a

had only minor injuries if not for the faulty repair…One

vehicle to “pre-accident condition.”

must remember that a vehicle’s safety systems are like links

Also, failure to use OEM procedures may void the

in a chain. Each system must work together to ensure the

manufacturer’s warranty. Additionally, in Massachusetts,

other safety systems perform as designed.”

you are required to warranty your repairs, guaranteeing that your final product is both “merchantable” and “fit for

(3) Car manufacturers know a lot more about how to

its particular purpose.” Failure to follow OEM procedures

properly repair their cars than auto insurers do.

may both void the OEM warranty and put you on the hook

Even though the shop manager in the Seebachan case testified that he thought panel bonding the roof was a

for guaranteeing repairs that may be improper and dangerous.

legitimate way to fix the car, he also testified that this manner of repair was chosen at the direction of the insurer.

Shop owners and their technicians at least have training

Conclusion The conclusion of this article is pretty simple and

and experience in repairing vehicles. Insurer personnel, by

straightforward: If you are in the collision repair business

and large, do not. Why do experienced repair shops listen

in Massachusetts, then you need to follow car

to insurer directives instead of following what car

manufacturers’ specified procedures when repairing

manufacturers tell them – or even what they feel in their

damaged cars. To do otherwise puts you at tremendous

own opinion is the correct way to perform a repair?

financial risk, jeopardizes your customer’s safety and

The attorney for the plaintiffs in the Seebachan case may have hit upon a reason. As he stated at one point, “John Eagle Collision Center used glue instead of the more expensive welding because it cares more about getting paid

possibly violates Massachusetts law.

Next month, Part Two: How to Get Paid to Perform OEM-Specified Repairs.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

by the insurance company than they care about putting a

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44 January 2018

New England Automotive Report

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New England Automotive Report

January 2018

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46 January 2018

New England Automotive Report

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[INDUSTRY] NEWS

by Tom Beck, Future Cure

“U” Drive Monster Truck coming to CT If it’s not on your “Bucket List”...It should be!! Yes, we’re talking about getting behind the wheel of a behemoth “Monster Truck” and putting it through its paces. “Mono e Mono”...Man and Machine. That’s the idea behind DriveBlueBuzzard.com.

Opening this spring in the Waterbury, CT area will be an “OffRoad Training Course” on which the skills to drive a Monster Truck will be taught, so says the promoter of this unusual and unique experience.

I don’t think there’s a person out there, including myself, that hasn’t seen a Monster Truck and said, “Man, I’d love to drive that!” So why not?

We’re putting together a training course to include: Tight...right and left “Donut Turns” as well as a few car jumps and other complexities. You should know that a Monster Truck is a 4 X4 X 4...meaning four-wheel drive with four-wheel steering. It’s quite difficult to master “TVC” (Total Vehicle Control...four-wheel steer) with a raging big block blown Chevy engine pushing massive horse power, sitting directly behind you, and a light “Tap” on the accelerator pins you back in the seat and sends the truck flying into the air.

The training amounts to about a half hour of safety and operational instruction, and then the truck is all yours. Get up behind the wheel, fire it up, get out on the “Road Course” and “Let ‘er Rip.” The track is all yours for eight full laps, with no one on the course but you...and the “Machine.”

Our “Trainer Truck” is built to the same standards as the professional Monster Trucks you see in championships... 5 1/2’ tall x 4’ wide monster tires, nitrogen shocks and two-speed transmission, just “Tuned Down” a bit to be more controllable for the novice driver.

“We’ve consulted with several professionals in the Monster Truck world to design both the road course and the truck,” says the promoter.

“Our mission is to give the driver a pleasurable experience...and...the thrill of a life time!!!”

Dates of operation and additional information will be announced in the near future, so keep reading this publication for details.

New England Automotive Report

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

January 2018

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48 January 2018

New England Automotive Report

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NEW FOR 2018 Now Expanded to

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New England Automotive Report

January 2018

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Unsurpassed Quality. Genuine Hyundai Parts.

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50 January 2018

New England Automotive Report

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New England Automotive Report

January 2018

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FOR SALE A LEFT uniside panel with full quarter panel. Bought new. Fits a 2015 Buick LaCrosse.

GM Part # 22997609 List price is $931.83. Cost seller $698.88. Panel is missing a section of the lower front rocker area from the "A" pillar to the "B" pillar

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Two Pro Spot welders

One is new and usable; second can be used for spare parts

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2017 Buick LaCrosse Right Quarter Panel (Missing rocker panel section) Excellent condition

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New England Automotive Report

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LET US TURN THEM AROUND! Contact New England Automotive Report Sales Director Alicia Figurelli (973) 667-6922 alicia@grecopublishing.com

54 January 2018

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