Off to a Great Start

We have officially kicked off 2023, and the “ALLIANCE” has hit the ground running, building on the great momentum started in 2022! AASP/MA will continue to be the best and loudest advocates for consumers, collision repair shops and affiliated industries, here in Massachusetts. As an Alliance, we still have much to accomplish, and by working together over the last two years, we have proven that we can achieve great things together. We have won many battles along the way and have taken a few licks, but overall, we are moving forward. We closed out the 2022 year strong and are in a greater position as an industry than ever before to make “BREAKING FREE IN ‘23” a reality.

Here are just a couple examples of how we strongly closed out 2022:

• Key legislators whom the Alliance have been educating regarding the issues facing consumers and collision repairers have been elected into the offices of the Governor, Attorney General and the State Auditor. We have the ear of these individuals who have already shown their support and have committed to addressing several of the issues presented to them.

• A shop, through steadfast perseverance and knowing they were in the right, successfully appealed a small claims decision against them (which would have cost them thousands) on fees such as markup, storage and towing, administrative fees and fixture rentals. This gives credence to the longstanding position that they are all part of the cost of repairing a vehicle in this claims process. (Read the full story on page 18).

The recent attempt to stifle and silence the segment of the collision industry who have implemented “co-pay” procedures in their businesses is evidence enough that we have hit a nerve and that insurers are feeling the pressure. (For more on this issue, read Legal Perspective by Jim Castleman on page 34.) Hot on the heels of the Alliance’s “Taking Back Control of Your Business“ seminar in mid-November, the Division of Standards (DOS) issued a “NOTICE” whose only purpose, it would appear, was to intimidate less knowledgeable shops, keeping them from collecting “co-pays” from customers to cover the shortfalls by insurers who are not writing fair and reasonable estimates which properly indemnify their insured when they have had a loss. The actions of the DOS and what precipitated them is continuing to be further scrutinized. The Alliance is pursuing documentation regarding the “numerous consumer complaints” and a request has been submitted through the Freedom of Information Act (FOIA). An excerpt of this request states: "In addition, we are formally requesting, under the Freedom of Information Act, that we be supplied with the list of specific complaints the DOS received prompting the ‘notice.’ The list of complaints requested should include the date received, the source, names of the individual or organization who filed the complaint, the form the complaint was received in (ie: by phone, letter or email), copies of any and all written forms of the complaint or logs used by the DOS to track complaints it has received on this issue.

We also request copies of any and all correspondence, be they responses or inquiries made by the DOS. The request for information includes copies of any research the DOS may have done to vet the voracity of the complaints they have received ‘rapidly over a couple of weeks.’ This request was amended shortly after, as follows: "At this time I would like to amend my request under the FOIA to include a list and contact information, email and/or physical mailing addresses, for all the ‘Motor Vehicle Repair Shops and Motor Vehicle Glass Repair Shops Registered with the Division of Standards’ to whom the notice was sent on December 8, 2022 by the DOS. Please include any other agencies, entities or persons to whom the ‘notice’ correspondence was sent, whether electronically or in hard copy."

At the present time, the DOS has only provided three pieces of documentation from three different insurance companies. The documents were not complaints to the DOS, merely copies of letters from claimants requesting reimbursement for payments the insureds have made out of pocket for complete and proper repairs. These documents were from three different consumers pursuing their right to be made whole again under Part 4 of the Massachusetts Insurance policy “Damage to Someone Else’s Property,” by the three different third party insurers. There is no indication that a consumer complaint was being made against any shop directed to the DOS. The Alliance is viewing this action by the DOS as overt and potentially at the direction or request of insurers or possibly even the Division of Insurance (DOI).

As the new Board of Directors (BOD) takes on the mission of the Alliance, we want to say a heartfelt thank you to those members who will not be returning to the BOD for the January 2023 to December 2024 term. You have made great sacrifices, having given countless hours, energy and money to further the mission of the Alliance. The Alliance and our industry owe each of you a great deal of gratitude for your service over the years. Our slate of candidates for this year’s ballot was among the longest in recent memory. Let’s welcome several new faces to the BOD. In