New England Automotive Report March 2023

COLONIAL NISSAN 104 Mystic Avenue Medford, MA. 02155

Phone Number: 781-395-3025

FAX Number: 508-616-0445

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

DEPARTMENTS

VICE PRESIDENT'S MESSAGE

6 | Is It Time Yet?

by Matt Ciaschini

EXECUTIVE DIRECTOR’S MESSAGE

8 | They Are Counting On You! by Evangelos “Lucky”

LOCAL NEWS

Papageorg

12 | ADALB Chairman Forced to Go on Record by Chasidy Rae

Sisk

12 | In Memoriam: Willie Hicks, Sr.

16 | AASP/MA Seeks Reimbursement Rate and ADALB Reform by

Alana Quartuccio Bonillo

NATIONAL NEWS

18 | Applications for CREF’s 2023 School Benchmark Grants and Student Scholarships Open

VENDOR AFFINITY PROGRAM MEMBER SPOTLIGHT

20 | Lombard Equipment

by Alana Quartuccio Bonillo

LEGAL PERSPECTIVE

35 | A Plea to the ADALB: Please Do Something! by James A Castleman,

Esq.

ALSO THIS ISSUE

LOCAL FEATURE

24 | The Importance of Mike’s Auto Body’s 'David v. Goliath' Victory A Q&A withAttorney Jordan Rodrigues by Alana

Quartuccio Bonillo

COVER STORY

28 | Commonwealth Collision

Repairers Contemplate SCRS Blend Study Results

by Chasidy Rae Sisk

Is It Time Yet?

MATT CIASCHINI

Is it time yet? This is a favorite question from one of my mentors. It’s a question he often asks many of us across the Commonwealth. This question is simple, but it applies to all of us who own or manage a collision facility, and it pertains to many aspects of our collision businesses. This question is asked in many ways and about many things as a way to invoke thought and have us look within ourselves and our businesses…and how we run them.

Is it time yet to learn your worth? Many of us have been beaten down by the industry and made to believe we are only worth what the insurers decide to pay us. Or even worse, we end up letting them dictate how we repair a vehicle. We are the repair experts, and until we all understand that, we will continue to be undervalued and underpaid. Simply charging your posted rate, which you have determined to be YOUR operating cost, on every single repair plan you perform is a simple task we can all do. This is old news to some, but merely changing the ridiculous insurance rates to what you have posted on your wall on every job you do will continually reinforce to the insurer that you know what you are worth. This is a form of constant disruption, another favorite catch phrase from the same mentor.

Is it time yet to take back your business? This is in conjunction with knowing your worth. Just accepting the rates of the insurers allows them into your business. Taking back your

STAFF

PUBLISHER

Thomas Greco | thomas@grecopublishing.com

VICE PRESIDENT/SALES DIRECTOR

Alicia Figurelli | alicia@grecopublishing.com

EDITORIAL/CREATIVE COORDINATOR

Alana Quartuccio Bonillo | alana@grecopublishing.com

OFFICE MANAGER

Donna Greco | donna@grecopublishing.com

PRODUCTION COORDINATOR

Joe Greco | joe@grecopublishing.com

MANAGING EDITOR

Chasidy Rae Sisk | chasidy@grecopublishing.com

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

@grecopublishing

business is not only displaying your rate charges on every repair plan (and supplement, but let’s get away from saying “supplement” because that is an insurance industry term); it also means charging those differences to the consumer. Have a conversation with your customers so they develop an appreciation of your value as a collision repair expert and an understanding that the insurer is there to pay the bill – or more likely, part of the bill. Also, we need to educate every customer about their individual repair for the sake of transparency. Leave the smoke and mirrors to the insurers. The quicker you do so, the quicker you take back YOUR business.

Is it time yet to break free? As seen in our last issue, the New England Automotive Report Industry Survey (grecopublishing. com/near0223coverstory) displayed that more collision facilities have removed themselves from the insurance programs and referral lists in the past year than ever before. Getting free from those lists and programs, which hold our industry down, is how we will continue to break free. Not only do the insurance programs hold the labor rates down, but they hold proper collision repair back from what the consumer truly deserves. Maybe now is the best time to tell one more of your “insurance partners” to kick rocks. Make sure to tell them in the politest of ways: sorry, but you are making the independent business decision to no longer work

continued on pg. 40

John Studer

Dan Wenzel

Affiliate

C.J. Ellis

Jimmy Kelsey

AASP/MA Executive Director

Evangelos “Lucky” Papageorg

AASP/MA Administrative Assistant

Alana Quartuccio Bonillo

Jeff White

Simon Frietas

Timothy Harder

Jayce Mitchell

Gregg Tanguay

Scott Varney

P. O. Box 850210 Braintree, MA 02185 617-574-0741

Membership Application 2023-2024

Please complete this form and return to our office via mail, email or fax with your dues payment. Thank You!

BUSINESS INFORMATION

Massachusetts Shop Registration # __________________

Company’s Official Name:

Business Physical Address:

Business Mailing Address (If Different):

Total number of Staff (Techs, office, Mgrs)________

Telephone Number: ( )- -___________ Fax: ( )- -

DUES STRUCTURE. Collision Shop Annual Dues: $650 / 12 Months*

PRIMARY BUSINESS CONTACT

Name: _________________________________________________

Email: _____________________________________________

As a member in good standing, your shop WILL BE listed on our website Click here � if you do not want your shop listed on our website map for potential customers to find you. If you have any questions about this benefit, call (617) 574-0741, ext. 1.

Yes � Please send me information regarding the following MONEY SAVING BENEFITS:

� Dental plan

� Healthcare plan

� Credit card processing

� Grant writing/training

� Google presence optimization � All five

PLEASE ENCLOSE PAYMENT WITH YOUR MEMBERSHIP APPLICATION

Check# : _______________ (IF collision shop please note your RS# on the memo line of the check) OR

CC #: ______________ EXP: ________/___________ CID: _________________

Billing Address: ____________________________________________________________________________________________________________

Name On Card: _____________________________________________ Signature: _____

Check here � to opt out of auto renewal using this credit card information for future renewal

Note: A 4 percent convenience fee will be charged for membership renewal via credit card transaction

I hereby make this application for membership with the Alliance of Automotive Service Providers of MA (AASP/ MA) for membership dues 2023-2024 as provided for in this contract.

*Membership Dues are for a twelve-month period commencing on your anniversary month of membership.

They Are Counting On You!

That’s right! The insurance industry is counting on you to NOT keep up the pressure that has been building on many levels regarding the labor reimbursement rate and the much-needed revamping and moving of the Auto Damage Appraiser Licensing Board (ADALB) from the Division of Insurance to the Division of Occupational Licensure. They are counting on you to feel worn down and defeated. They are counting on you to feel there is no way to beat them and the “power” they wield through their highpriced lobbying efforts and monetary influencing tactics.

Truth be told, the insurance industry is running scared. They have already resorted to and will continue relying on any measures to slow down the progress being made by collision repairers who made the independent business decision to “Break Free in ‘23.” More and more shops have come to realize that they can take back control of their businesses, keep customers and – more importantly – get paid a fair and reasonable labor reimbursement rate, even if it means having to charge a co-pay in the process. No longer can collision repairers be expected to absorb the ever-rising costs to purchase and maintain equipment, train their staff and offer competitive wages to entice new and younger individuals into the collision repair industry. Repairers cannot be expected to take on the rising liability they face in repairing today’s highly advanced vehicles.

In the last legislative session, we garnered huge bi-partisan support for our two pieces of legislation in both the House and the Senate. This year, we look to build on that support and get both bills through the legislative process in plenty of time to come to the floors in each branch for a vote; however, the insurance industry is counting on YOU to not do your part. As we have successfully shined a spotlight on both the inadequacy of the

current labor reimbursement rate and the lack of action to enforce regulations by the ADALB, we raised awareness on both these issues. We made it very clear that both these issues directly affect the wellbeing and safety of the motoring public. We have also piqued the interest of the media who are beginning to understand that insurers are NOT the “good hands” people they present themselves to be.

What we have accomplished would and could not have been possible without YOU doing your part. When you were called upon to contact your legislators, YOU did exactly that. Doing so resulted in having more than 90 legislators sign on as co-sponsors and dozens more voicing their support. When you were called upon to give testimony during the Labor Rate Study Commission hearings, YOU came out in force to do so. The end result was a report supporting the position that the labor rate issue is one that needs to be addressed in short order. This position was supported by ALL the Commission members except for the three insurance representatives. When YOU were called upon to rally on the steps of the State House, YOU came out by the hundreds. The resulting impact of that rally was great media coverage which drew attention to safety issues created by an inadequate labor reimbursement rate being paid to vehicle owners while insurers reported recordbreaking profits once again. This is the very same insurance industry who is counting on YOU feeling defeated and not doing YOUR part to keep up the pressure.

YOUR actions caused the insurance industry to pull out all the stops by having robocalls made to “warn” consumers that a legislatively-mandated raise in the labor reimbursement rate would result in higher premiums. The robocalls were backed (paid for) not only by local insurance companies but also by national insurance companies. So, if an insurance representative tells YOU that you were not having an impact, nothing could be further from the truth.

If you need further proof that you ARE having an effect, all you have to do is look at the action taken by the Division of Standards (DOS) in issuing a threatening “NOTICE” regarding the practice of collecting co-pays from customers…a “NOTICE” issued on the false premise that “Some Repair Shops [emphasis added] have suggested to customers or potential customers that if a customer pays the Repair Shop the difference between the Repair Shop’s charges and the amount the insurer pays for the Repair Work, the claimant is entitled to compensation for this difference

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by Chasidy Rae Sisk

ADALB Chairman Forced to Go on Record

Since the Auto Damage Appraiser Licensing Board (ADALB) began reviewing its backlog of complaints in July 2022, only 14 of 98 complaints have received votes to move forward…but what happened to the other 84, which all ended in a tied vote of two to two? Although the motions to move forward failed, no motions to dismiss were ever filed.

“Does the failure to move forward automatically dismiss them?” Board member Bill Johnson (Pleasant Street Auto; South Hadley/ Belchertown) wanted to know as the first meeting of 2023 began.

“Anytime the Board fails to move forward with a complaint, the Board’s past practice has been to dismiss it. We need an affirmative vote to move forward with the complaint, a majority vote,” indicated Attorney Michael Powers who also noted that past precedent allows Chairman Michael Donovan to vote only when the action would “have a substantive effect on the motion, [such as] to make or break a tie.”

As the ADALB reviewed 20 complaints, Johnson and Board member Rick Starbard (Rick’s Auto Collision; Revere) attempted a new approach – rather than proposing to move forward with complaints, they made motions to dismiss over half the complaints, then voted “no” against their own motions. They did this six times before Donovan noticed and questioned their odd behavior.

“We’re trying to get you to be on record,” Johnson acknowledged. “When Rick or I make a motion to move a complaint forward and there is a two-to-two vote, you’re silent; you don’t break the tie. The only way you break the tie is if we make a motion to dismiss and vote against our own motion, so that puts you on record. If you feel strongly about this, what’s the problem with being on record and being transparent?”

And up to that point, Donovan’s actions appeared clearly consistent.

Of the eight complaints receiving a motion to move forward, only one received an affirmative vote; however, when Board member Peter Smith (MAPFRE) recused himself from voting on two additional complaints, those would have moved forward with a two-to-one vote…until Donovan cast his negative votes, producing a “stalemate” situation. Although he has previously neglected to cast a vote in order to break a tie (as Johnson pointed out during the last meeting), he acted immediately when a complaint nearly moved forward.

Likewise, Donovan responded on nine of the 12 motions to dismiss complaints, either to ensure a stalemate again or to break a tie, ensuring that the complaint was dismissed. Of the 118 complaints that have now been reviewed since last July, Donovan has not voted in favor of the complainant a single time…not once!

Additional business outside of reviewing complaints was also conducted during the meeting. Starbard reiterated his desire to establish a working group to review documentation from those who administer the courses and exams for appraiser licensure to confirm that the curriculum covers up-to-date methods and changes in technology. He further suggested scheduling a meeting and hands-on presentation on calibrations for late March at a school in Western Massachusetts; specific details will be confirmed by the Board’s next meeting.

The ADALB was scheduled to reconvene on February 16. Don’t miss the detailed coverage of the January meeting, only available in the February issue of the Damage Report members only newsletter.

AASP/MA members are strongly encouraged to listen to the recording of the January 17 meeting in the Members Only section of aaspma.org for a glimpse into the inner workings of the ADALB. View the meeting agenda at bit.ly/ADALB0123.

In Memoriam: Willie Hicks, Sr.

The Massachusetts auto body community lost one of its very own on January 5 when Willie Hicks, Sr., founder and owner of Boston’s Hicks Auto Body, passed away at the age of 85. Hicks, Sr. opened the shop in 1970, building the business into what it is today – a staple in the market, known not only for its quality work and service, but for Hicks’ contributions and devotion to the community.

His lifetime work and legacy was honored just last fall when hundreds in the Boston community gathered to rename the square outside his shop in his honor. After the dedication ceremony, Hicks, Sr. told New England Automotive Report, “It was a great honor. I never expected to see that in my lifetime. I’m glad they did this while I’m still alive. I was able to see it and enjoy it. That was the best part of the whole thing.” Read the full story on page 12 at bit.ly/NEAR1122

While his son, Willie Hicks, Jr., who has been a part of the business for the past 28 years, serves as general manager and vice president, Hicks, Sr. remained active with the business by coming in for a few hours, three days a week.

In addition to his community activities, Hicks, Sr. devoted

time to the auto body industry over the years through his involvement with AASP/MA. Back in the MABA days, he served as the inaugural secretary for the Suffolk County Chapter when it was first established.

Born and raised in South Carolina, his love for cars developed during his years living in Syracuse where he learned to race cars and how to repair them. He moved to Boston in the 1950s where he and a partner opened an auto body facility in Roxbury before he opened his own shop which went on to achieve success for 52 years and counting.

Hicks, Sr. is survived by his son Willie Hicks, Jr, and two daughters Tiffony Cesero (and her husband Stephen) and Gwendolyn Hill, nine grandchildren, eight great-grandchildren and a host of nieces and nephews.

AASP/MA and New England Automotive Report send their deepest condolences to the Hicks family.

Co-celebrating decades of creating chemistry between two industry leaders

Here’s to 241 years of combined service excellence

This year, as Albert Kemperle Inc. celebrates its 83rd anniversary, BASF also celebrates its 158th anniversary. We are proud of our decades of partnership with BASF and years of serving the auto paint and body industry together. Kemperle’s founders would be proud of this relationship and the growth their company has experienced because of it.

Today, as we look forward to many more decades of service to our customers, we find ourselves filled with gratitude. The creativity, hard work, and sense of responsibility of the people working for our two companies have made us what we are today. Thank you for your many years of loyalty.

After 52 years in business, NICKOLE AUTO BODY is...

by Alana Quartuccio Bonillo

AASP/MA Seeks Reimbursement Rate and ADALB Reform

Brick by brick, AASP/MA spent the last legislative session building a strong foundation for change in the areas of suppressed labor rate reimbursement rates and the unproductive and ineffective Auto Damage Appraisers Licensing Board (ADALB). Now, AASP/ MA is in position to carry that momentum to the next level as they work to see these changes through.

Following the strong bipartisan support AASP/MA garnered for its bills last session, AASP/MA started this year off by successfully securing lead sponsorship for “An Act relative to the licensure of appraisers” (HD 2860) and “An Act to establish minimum reimbursement rate to insurance claimants” (HD 1950) which include the same language proposed in the prior session. (Bill numbers are expected to change as they move through committees).

Although the bills did not make it through to a vote last session, the association expressed confidence that they will make it to the floor this time around.

There is also a Senate bill equivalent brought forth by Senator Michael Rush. Last year, the Alliance was very pleased to learn Senator Rush took it upon himself to put the Act through at the Senate level as he saw the merit in getting the Board moved.

One of the biggest – and likely the boldest – demonstrations by AASP/MA on behalf of rate change came last May when the Alliance generated local and national attention as 300 collision repairers made their way to the Capitol steps to rally in support of the minimum reimbursement rate bill.

As Papageorg points out, it not only got the attention of the media and the auto body industry, it also attracted the attention of the insurance industry which was shown by the actions that followed. A large example lies in the robocalls designed to “warn” consumers that a labor reimbursement rate mandated legislatively would result in higher premiums which were found to have been paid for by local and national insurance companies.

Reflecting on all the work its membership has done to generate such strong support over the past two years, Executive Director Lucky Papageorg reminds all that everything that transpired previously should be seen as a win and in no way viewed as a loss.

“We are really pleased with how far we made it last year,” recalls Papageorg. “By no means should anyone see the bills not making it to a vote as a defeat. The foundation is there to help make sure that these bills can come out for a vote this year.”

In order to do so, the work must proceed.

“If we don’t continue to apply the pressure we did last year, we won’t see success happen,” he stresses, referring to various actions last year that led to media attention, legislative support and consumer awareness.

Having the ADALB under the watch of the Division of Insurance is said to have led to the poor handling of claims which is a deterrent to the consumers who are ultimately affected. See page 12 for an overview on recent ADALB events.

“An Act relative to the licensure of appraisers” would move the ADALB away from the Division of Insurance to the Division of Occupational Licensure, require term limits for members and include consumer representation, which it currently does not have.

Some insurers responded with small $1 to $2 increases, but it’s not enough to fix a rate that hasn’t changed in 25 years.

“The insurance industry’s attempt to pacify us with mini increases is really just that – an insulting attempt at pacification.”

The $40 an hour rate that insurers currently reimburse claimants at does not sufficiently cover all the costs that go into fixing today’s vehicles, which are substantially more technically advanced then they were in 1988…or even five years ago. “An Act to establish minimum reimbursement rate to insurance claimants,” once again sponsored by Rep. Jim Hawkins, would increase the rate and require annual adjustments based on the Consumer Price Index. There is also a bill in the Senate looking to reform auto body labor rates.

Last year, members of the Alliance truly came through as an allied force. They rallied, called, emailed and met with legislators, all with the goal of getting them to learn about the collision repair industry and what is needed most in order to safely protect consumers.

This new year is no different, and AASP/MA is at the ready. There is no stopping them now!

Applications for CREF’s 2023 School Benchmark Grants and Student Scholarships Open

Collision repair facilities around the country are in desperate need of new talent to address the ongoing workforce shortage, yet a lack of qualified young professionals are entering the industry for many reasons. Many schools’ collision programs are underfunded, and post-secondary students seeking to enhance their skills and knowledge often struggle to afford tuition and tools.

The Collision Repair Education Foundation (CREF) addresses these needs through its Collision School Career Readiness Benchmark Grants and Student Scholarship awards, thanks to support from many generous industry donors and sponsors.

In 2022, CREF awarded $436,000 in grants to nearly 70 schools, impacting over 35,000 students. The Benchmark Grants recognize those programs that excel at educating students but which require additional financial assistance due to constrained school budgets, providing funds to purchase the tools, equipment and supplies necessary to enhance their students’ learning experience and elevate the caliber of their graduates.

The 2022 Student Scholarships benefitted 46 students with almost $150,000 awarded in financial assistance to ensure those students were able to continue their education, preparing them to pursue a successful career in body shops around the country.

Applications for CREF’s 2023 Student Scholarships are now

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by Alana Quartuccio Bonillo

Surely, a few household names in this industry may easily come to mind, but when it comes to fulfilling an auto body shop’s needs for the best equipment and OEM needs available, only one name really stands out – Lombard.

Kevin Lombard started the company which bears his name in 1991. An experienced equipment salesman who served as vice president of sales for a large east coast distributor, he decided to venture out on his own when that company went out of business.

“We started in a two-car garage with running water. And when I say running water, I mean you had to run out and get it,” quips Lombard. Thirty-plus years later, the company has certainly come a long way from its humble beginnings.

“Now, we span from Maine down to Miami with three training centers and beautiful facilities,” he adds about the company’s wide east coast reach. Massachusetts continues to serve as headquarters via a 14,000 square foot facility in Billingham, while offices are also maintained in Virginia and Florida.

Lombard Equipment offers more than its name implies. Indeed, it is the go-to place for quality equipment, but the company works hard to provide customers with so much more by offering complete solutions for collision repair businesses via training and services.

Lombard also believes his team in and of itself is a crucial component in their success. It’s all about having the right people doing the right job with the ability to focus on that one service.

Many other companies may only have one or two people doing a little of everything, but at Lombard, “we have people who just service equipment, people who just answer phones and handle customers’ needs, some who just ship parts and accessories and a team that goes out to sell and train customers. That really helps us take care of the customer, and that’s why we do so well.”

“We are very customer-oriented, and in today’s world with big companies that want to push back on the consumer, we are not doing that,” he adds. “We still have people answering the phone. You don’t have to sit there going through voicemails for five minutes to find out none of those extensions are what you need and have to start the process again. We work very hard to serve the customers. That’s our main goal: customers, customers, customers.”

One of the biggest mistakes he’s seen auto body businesses do is to purchase equipment on the internet. He’s witnessed people

make this error in judgment and has seen them struggle with their purchase thanks to zero training, zero service and – in some cases – zero ability in getting equipment unloaded off a truck when delivered!

“You want to have someone in the shop who you can talk to, who will be there to train you and answer questions,” he insists.

Training solutions are another reason customers choose Lombard. They make training a priority and will offer in-house training since they recognize how difficult it can be for body techs to find time to break away from the shop. To keep up with equipment training needs, the team at Lombard invests the time into sharpening their own skills.

“We’re walking our talk with training because it can cost a lot of money to train. Some shops don’t want to send their guys away for training, but training is necessary, so doing it in the shop makes it more palatable.”

Supporting the shops they work with is also big on the list for Lombard.

They do this by being a strong supporter of AASP/MA. Lombard Equipment is a Gold sponsor in the association’sVendor Affinity Program and has been for the past few years. Lombard goes even further back with the organization, having been a supporter during the MABA days.

Not only does Lombard support the association, but he advocates for it as well. Whenever he encounters a frustrated shop owner lamenting about insurer problems, employee shortages, etc., Lombard suggests they contact AASP/MA to find out what others are doing to combat the same woes.

Through personal encounters with auto body businesses, Lombard has found that those who are part of the association tend to be in a much better position to succeed because they are getting access to the education and training they need to survive.

“They are able to deal with industry struggles much more easily by having the ability to pool their ideas together.”

It all ties in to building good relationships and making sure customers have their needs met.

“If we can help shops get what they want, we get what we want, which is to make sure they get good quality equipment and help them do a better repair.”

The Importance of Mike’s Auto Body’s 'David v. Goliath' Victory A Q&A with Attorney Jordan Rodrigues

There are no small victories for auto body shops, especially when an independent shop can get a win against a billion dollar insurance company. That is precisely why AASP/MA member shop, Mike’s Auto Body’s (Fall River) recent win against Travelers Insurance on an appeal is a BIG deal and remains a widely talked about topic among Commonwealth collision repairers.

To recap: a small claims court magistrate ruling in favor of Travelers Insurance was to cost Mike’s Auto Body owner, Mike Penacho, $16,000. Penacho, and a related business, All Day & All Night Towing which faced the same charges, decided to invest the time and money into appealing the matter – fighting for their rights – and it bode successfully in their favor!

Because this win garnered so much attention, NEAR reached out to Penacho’s attorney, Jordan Rodrigues, to dive a bit deeper into the situation and what these automotive businesses had to contend with as a way of better educating readers on what to expect if faced with the same allegations.

New England Automotive Report: Let’s go back to where it all began. What did Travelers’ initial complaint against Mike’s Auto Body and All Day & All Night Trucking allege and what happened in small claims court?

Jordan Rodrigues: The allegations within Travelers’ initial small claims complaints were pretty much mirror images of one another. Travelers was alleging that Mike’s Auto Body and All Day & All Night Towing were billing Travelers for unreasonable charges. Travelers made payment to Mike’s Auto Body and All Day & All Night Towing “under protest” and then later filed suit under M.G.L. c. 93A stating that the conduct was unfair and deceptive and therefore in violation of the statute. At the initial small claims court hearings before a clerk magistrate, Travelers was successful in convincing the clerk magistrate of their position, and the clerk magistrate awarded treble damages plus attorney’s fees, interest and costs against Mike’s Auto Body and All Day & All Night Towing.

NEAR: How long did the process take from start to finish – from where the magistrate voted in favor of Travelers to Mike’s Auto and All Day & All Night Towing appealing?

JR: The cases were originally filed by Travelers quite some time ago, in February 2021. The All Day & All Night Towing cases were heard first on July 22, 2022, and the Mike’s Auto Body cases were heard on August 19, 2022. The judgments were entered on all matters on August 23, 2022. The appeal hearings were heard before

a judge on November 30, 2022. Therefore, from the date when the judgments were first entered until the time when we were heard on appeal was approximately 99 days. We did not receive notice of the favorable appeal decision until approximately December 13, 2022 when the judge made his ultimate decision and notices were forwarded to the parties.

NEAR: What did the appeals hearing entail? Can you share details of some of the testimony given on the body shop’s behalf by expert witnesses?

JR: As far as the appeal hearing itself, it was before a single judge of the district court. Travelers had an appraisal manager/supervisor as their witness, and we were able to cross-examine him regarding the alleged unreasonableness of the charges they were contesting. It was brought to light that not only has Travelers paid Mike’s Auto Body and All Day & All Night Towing for these exact charges in the past (and currently), but also that it pays other shops, as well. In some instances, the charges paid were actually more than what was being contested in these cases. We had expert witnesses for both the body shop and the tow company. In conjunction with the testimony from the company owners, we were also able to show through our experts that the charges were fair, customary, reasonable and keeping within industry standards.

NEAR: Although this does not set a precedent, why is this appeal so important to body shops?

JR: Although not precedent-setting, the appeal victory is important to the industry in the sense that a court of law found the rates to be fair and not unjustified, as alleged by the insurance company. The shops did the work and are entitled to be paid for the services rendered, as with any industry or business. The ‘David versus Goliath’ scenario is real in the sense that a billion dollar insurance company can exert a large amount of pressure onto these small businesses and be quite successful in making them cave a lot of times. This appeal victory shows that if you do everything right, have the proper documentation in place and your charges are fair, reasonable and justifiable, you can be successful in taking on the insurance companies.

NEAR: What should body shops be aware of when faced with the same issue as Mike’s Auto Body?

by Alana Quartuccio Bonillo

JR: If other shops are confronted with similar issues, the best thing to do is to try to come to an agreement with the insurance company beforehand; that way, it can reduce or prevent the situation of receiving payments “under protest,” which then creates a situation where the shop is waiting and wondering if the insurance company is actually going to try and claw back some (or all) of the funds in that payment. A business cannot operate with that kind of uncertainty, and the finality of payments has to be as absolute as possible. Given the rising costs of everything nowadays, a shop cannot afford to take a payment “under protest” and use those funds within the business only to be sued by an insurance company months or even years later; however, there are some instances where an agreement cannot be reached and taking the payment “under protest” may be the only option. If that situation does arise, the shop should contact an attorney familiar with these types of matters in order to help the shop navigate and go through the various options moving forward. That way, there are no surprises, and the proper planning can be put in place.

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FULL REFINISH BLENDING

Commonwealth Collision Repairers Contemplate SCRS Blend Study Results

It’s no secret to collision repair professionals that blending a panel necessitates more time, skill and even material than a simple refinish job; however, for decades, shops have been forced to accept half the labor hours on a blend, based on formulas utilized by the major information providers (IPs). Although Audatex, Mitchell and CCC each define refinish times differently, all three IPs utilize a uniform blending formula of 50 percent of refinish time on two-stage refinish, with CCC and Mitchell allowing 70 percent of refinish time to blend three-stage colors – formulas which have finally been demonstrated to be a gross underestimation of what is actually required, thanks to the recent blend study conducted by the Society of Collision Repair Specialists (SCRS) in collaboration with AkzoNobel, Axalta, BASF, PPG and Sherwin-Williams.

“For decades, we’ve asked the IPs to address this issue, and they didn’t. So, rather than continue to ask, we performed the study ourselves, in the company of all five major North American coatings providers and an independent audit firm to validate the process, the data collection and the reported results,” explained SCRS Executive Director Aaron Schulenburg. “Rather than compare each company’s operational time, we agreed to express it in percentages. We compared the process of applying color to a full panel versus blending to accommodate a color match. And when we published our white paper and presented our findings at the Collision Industry Conference in November, no one was surprised by the results.” (Read the recap of the unveiling of the study results at grecopublishing.com/ hd1222cic2022).

Demonstrating the consistency of the overall average which reflected a variance of less than six percent between all five participating companies, he shared the overall average when looking at all colors, companies and variations was “31.59 percent greater than the full refinish value. That’s certainly different than 50 percent less than.”

But what do shops think about the blend study? A few collision

professionals from the Commonwealth shared their thoughts.

“The SCRS blend study is simply confirming something that collision repairers have always known: Blending takes more skill and more time to perform seamless blends than full refinishes on panels,” according to AASP/MA Vice President Matt Ciaschini (Full Tilt Auto Body & Collision; West Hatfield). “It also requires additional products not used in full refinish which take time to apply.”

AASP/MA Affiliate Director McColl Rhodes (Nesco Sales, Inc.; Bondsville) concurred. “I doubt anyone is surprised by the results. If you have performed a blend, you know that it takes skill. At our shop, we have decided to stop writing for blends and strictly write for refinish times only because of this exact reason.”

AASP/MA Collision Chairman Dan Wenzel (Wenzel’s Auto Body; Pocasset) also agreed with the study’s finding, pointing out that a study was conducted years ago on partial refinish which proved that less than 20 percent of basecoat time was color application. “Realizing that the bulk of that time is cleaning and prepping the panel opened a lot of people’s eyes. In fact, I don’t believe wetbeds were even a consideration when these studies were performed 30-plus years ago. Paint time is also how our materials are calculated, so we’re also getting shorted that way too. It’s also important to recognize that prepping and blending a panel requires a higher skill level, so shops are relying on their experienced personnel for these tasks to avoid even bigger problems. And we have to pay those higher skilled employees accordingly, so it makes even less sense to be collecting less for these jobs.The SCRS study addresses a lot of really important and salient points, making it hard for anyone to deny that blending takes more time, skill and product.”

Since the release of the blend study white paper, SCRS has engaged in positive dialogue with all three IPs, each working through their own processes internally, with at least one who has agreed to conduct their own research and respond by the end of Q1. “Some of this is discussion, and in other cases, it’s commitment to research

by Chasidy Rae Sisk

and updates. We provided meaningful data that was conducted impartially and which provides enough information to get them to reevaluate this 50 percent ratio that does not reflect what shops actually experience,” Schulenburg indicated. “It is our understanding that each IP has received a tremendous amount of feedback from the industry and their collision shop end-users, as a result of the research we’ve presented in the blend study.

“CCC has committed that based on the recent database inquiries regarding MOTOR’s guidelines for blending adjacent panels, and in accordance with MOTOR’s standard operating procedures, MOTOR will conduct observational studies of the blend process,” he added. “MOTOR will provide an update at the end of the first quarter of 2023. This is a great example of an action that we had previously requested prior to the study, that is now taking place because of the study. It’s our hope that the feedback, the research we’ve produced and a closer look at complexity of colors and advancements in color systems will lead anyone who earnestly researches this topic to the same conclusion that we came to.”

Massachusetts shops are convinced that the IPs need to reevaluate their formulas but have divided feelings on whether they actually will.

“Unless they perform their own study to counter this one, I think the IPs have to update their formulas,” Wenzel proposed. “The SCRS study is very thorough and just reinforced what shops already knew. With the calculation being so obviously off the mark, they have to make a change…or give us a really good reason to explain why they won’t. SCRS conducted a really valuable study; I just hope it opens some eyes and that the IPs recognize it for what it is.”

“It is up to shop owners, technicians and estimators to hold the software companies accountable minimally to do their own studies,” Ciaschini insisted. “It seems like they are relying on decades-old data to derive these modern paint times, and we cannot allow it to continue. The collision industry is half of their customer base, so we must hold them accountable if we have any hope of convincing them to change the databases.”

But can shops use the study’s results to negotiate with insurers?

“It should be a negotiating point with the insurance companies,” Rhodes hedged. “But I really don't see any IP updating their systems since insurance companies are their biggest customer. And without that information being updated in the systems, shops won't have a leg to stand on. Appraisers will just refuse to negotiate on the current book time. I have a feeling that we won’t hear much more about this study, but I hope I’m wrong and the industry finds a way to implement this knowledge in a useful way!”

“As great as I think the SCRS study is, our regulations dictate that we will follow a manual, which means the databases have to change first,” Ciaschini lamented. “There are parts of the study that directly affect how shops are looking at refinish so as to charge for operations and materials used in a modern paint system for the modern refinishes on today’s vehicles. For example, the ground (or ‘G’) shade is a shade of sealer that goes on the panel to determine the coverage and color variation of the basecoat.”

Although his original impression was less-than-optimistic, Ciaschini also offered a suggestion on how the industry might be able to implement the study in their day-to-day businesses to produce better experiences: “Some see this as a not-included operation, but if every shop started writing all refinish operations like this, insurers would start to see a small portion of what modern refinish charges

should be. Adding stages would be just the tip of the iceberg of what SCRS displays in the study, and if we also started writing blends as full refinish time in our repair plans, we’d get closer to a true reflection of what is happening in paint departments in the collision industry, as demonstrated by the SCRS blend study.”

Wenzel suggested that shops take a more assertive approach. “We know the study is useful; it’s just a matter of whether the insurance companies are willing to listen, or if they’re going to put their heads in the sand and insist, ‘The times are the times.’ Too many shops are prepared to accept that answer, so it’s really a matter of how far each shop is willing to take it. Are you going to educate your customers and bill it out accordingly so you can collect what you deserve? A reasonable insurer would look at the SCRS study and take it into consideration, but if they’re not willing to be reasonable, it might be time for us to take reasonable steps to protect our own interests, especially now that we have the data to support our claims.”

Schulenburg offered a similar viewpoint.

“The study shifts the conversation from anecdotal, to evidencebased. It’s data to point to when evaluating whether or not to use the formula presented in the guides. It’s important to reinforce that all three estimating products are just that – guides – not fixed or rigid solutions, even if that is how they are sometimes used. Until there is change, the study provides clear transparent information that can be used like any other documentation to substantiate a repair operation or charge on a repair order.

“The saying goes, ‘If you always do what you always did, you’ll always get what you always got.’ We decided to do it differently, and with substance, and I think there is a reason the results align with the industry’s perception of the task,” Schulenburg added. “Ultimately, repair facilities are responsible for independently choosing how to identify and bill for their services. Waiting for someone else to make a decision – whether it is an IP, insurer, etc. – may be the equivalent of always doing what you’ve always done. I am aware of many repairers who are already actively using the information in their repair planning process effectively, a decision they’ve made based on the information available to them and their own knowledge of what is necessary within their business.”

He also believes, “There is value in helping to carry the water. If you are familiar with the study (available at scrs.com/blendstudy), have you shared it with your jobber? Have you raised awareness amongst your team members? Have you communicated your perception of the results to your information provider? All of these are conversations that help benefit the end-user.”

SCRS sees the success of the blend study as an opportunity to address similar issues in the industry in situations where the processes or the numbers simply don’t make sense or are not reflective of what technicians encounter in real-world scenarios. “Colors today aren’t the same as they were 30 years ago. Cars aren’t the same, and customers’ expectations aren’t the same,” Schulenburg stressed. “It’s all so much more complex, and our investment in this critical research helps serve as a foundation for discussions that impact a great number of people in our industry.”

Collision repairers can expect to see additional studies conducted by SCRS in the near future to help advance the industry and make a difference for small and large shops across the country.

FRIDAY, MARCH 17 SHOW HOURS 5pm - 10pm

2pm: ADAS Procedures: Getting Paid For What's Needed

Chuck Olsen (AirPro Diagnostics)

4pm: Overcoming Insurer Objections to Payment for Needed Repair Procedures

Tim Ronak (AkzoNobel)

6pm: SCRS Blend Study Results: What's Next?

Aaron Schulenburg (SCRS)

8pm: Bulletproof Negotiation Tactics

Mike Anderson (Collision Advice) & Danny Gredinberg (Database Enhancement Gateway)

SATURDAY, MARCH 18 SHOW HOURS 10am - 5pm

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Mike Anderson (Collision Advice)

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1pm: BONUS SESSION: Inside the Appraisal Clause

Robert McDorman (Auto Claim Specialists) & Jerry McNee (Ultimate Collision Repair)

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A Plea to the ADALB:

In January, I attended an Auto Damage Appraiser Licensing Board (ADALB) meeting for the first time in several years. The insurance industry representatives and the chairperson were all new faces to me. I was there representing an individual regarding a complaint that had been made against him, which was addressed in executive session. But what really struck me was how the Board, in its open meeting session, was handling – or not handling – numerous complaints that had been filed against various insurance industry appraisers.

The full complaints were not read out loud, but the summaries given by ADALB members indicated that there were multiple issues being raised. Admittedly, a few of the issues seemed minor to me. But there were other issues that appeared to be quite important and which, in my opinion, needed to be addressed by the Board. Yet, not one of the complaints was advanced for further action; all of them were either dismissed outright by a majority vote or wound up in limbo upon a tied vote following a motion to dismiss.

I have been informed by others that this has been the practice of the currently composed ADALB for some time. Apparently, one collision repair shop owner filed many individual complaints, and it appears that some members of the Board did not like that. It apparently also has been stated by the chairman that many of the matters involved small amounts of money, and such matters are a waste of the Board’s time.

As a result, it appears that the insurance industry members of the Board have been voting against moving any of the complaints forward, while the collision repair representatives have been voting in favor of advancing complaints, resulting in a tie vote; however, the chairman has consistently refused to break the tie in favor of the complainant, though it appears that he has also consistently been breaking the tie when it has meant voting in favor of the insurance company appraiser.

Even when an insurance industry member recused themselves from voting (i.e. did not vote because a complaint involves an employee of their company), the chairman has voted with the remaining insurance industry member to make it a tie vote – which means the matter did not go forward.

I was shocked by this process, since it was quite different from what I had seen over many decades of attending ADALB meetings and having seen multiple representatives from both the insurance and collision repair industries and multiple chair people serve as members of the Board. While I certainly have disagreed with some of the decisions made in the past, I always felt that the members of the Board – no matter who they were – at least gave their attention to complaints that were filed with them.

If there was a valid issue raised, then something was often done about it. And it did not matter how much money might be involved, if any; the Board was there to determine if there was a violation of the laws governing appraisers, not to award money damages.

At the very least, if there was what appeared to be a possible

violation of the Board’s governing statute or its regulations, then the appraiser against whom a complaint was made often was required to file a response – even if that never resulted in a formal proceeding. Sometimes the Board discussed an issue and decided that it needed to issue an Advisory Ruling about it. Sometimes the Board would discuss a matter and just let the industries know that they should address the issue and act accordingly.

Further, insurance industry representatives would admit that there was a problem raised, even if the appraiser involved worked for an insurer, and collision repair industry representatives would admit there was a problem raised, even if the appraiser involved worked for the collision repair industry. And prior chair people all seemed to take each complaint seriously, seeking input from members representing both industries and making a decision based on their own individual and independent reading of the situation.

Although members of both the collision repair and insurance industries sometimes complained that the ADALB was not doing enough, the Board at least considered matters and did not dismiss matters out of hand – or dismiss matters because there was only a small amount of money involved. The Board members took the governing laws seriously and expected licensed appraisers to obey them. As a result, appraisers on both sides of the aisle knew consequences could result from not paying attention to governing laws, and most appraisers attempted to comply with them. Even if the ADALB rarely revoked or suspended an appraiser’s license, no one wanted to go through the ordeal of having to plead their case to the ADALB and face the potential of penalties being assessed against them.

The problem with the actions – or lack of actions – of the current Board, is it has resulted in there being no incentive to obey the law. If there are to be no consequences, why should an appraiser care about what the law says? Why not just flaunt the law? And I hear from various sources that this is becoming more commonplace.

In order to become a licensed appraiser, a person needs to become aware of the laws governing appraisers and then demonstrate through a written test and through preparing a written appraisal that they know what those laws require. Those requirements should not end once the appraiser’s license is issued. There needs to be at least some level of enforcement in order to obtain the compliance of the licensees.

There were several issues raised at the January ADALB meeting that I thought needed addressing. One involved an appraiser who blatantly had neglected to prepare a timely supplemental appraisal and deliver it to the shop. The shop finished the job and let the customer take the car. But when the supplemental appraisal finally was received, it was lower than what the collision repairer thought had been agreed upon with the insurance appraiser. Several other similar complaints raised the same issue as well.

Another complaint involved an insurance appraiser who, out of hand, had refused to use anything other than a dollars-times-hours formula to determine paint and materials costs, even though the shop appraiser had refused to accept that and had asked to use an established paint and materials estimating guide to determine the amount to be charged. There appeared to have been no attempt at negotiation by the insurance appraiser. It was a take-it-or-leave-it situation.

Both of these issues are directly addressed by the ADALB’s regulations. With regard to supplemental appraisals, the regulation provides: “The [insurance] appraiser shall have the option to leave a completed copy of the supplemental appraisal at the registered repair shop authorized by the insured or leave a signed copy of his or her field notes with the completed supplement to be mailed, faxed, electronically transmitted or hand delivered to the registered repair shop within one business day.” While there are some minor exceptions in the regulation, there was no indication in the complaint made to the ADALB that any exception applied. Based on the alleged facts as disclosed at the meeting, there appeared to me to be a clear violation of the regulation – and the collision repair shop had suffered a loss of money as a result of it, no matter how small that loss may have been.

With regard to paint and materials, the ADALB’s regulation says: “With respect to paint, paint materials, body materials and related materials, if the formula of dollars times hours is not accepted by a registered repair shop or licensed appraiser, then a published manual or other documentation shall be used unless otherwise negotiated between the parties.” Again, based on the allegations that the Board

disclosed, there appeared to be a clear violation of the regulation –with the collision repair shop again having been on the losing end.

While governmental regulatory agencies generally have discretion as to whether or not to take action in any particular case against the individuals or entities that they oversee and whether or not to investigate matters that are brought to their attention, there needs to be at least some degree of enforcement of the statutes and regulations that the agencies are tasked with administering. Otherwise, there is no need for the agencies to exist. The most effective government agencies understand this and act accordingly.

The ADALB has created a process for the making of complaints to them, with written rules as to how to do it and how they will be reviewed. The Board has issued its own forms for making complaints and has established what needs to be stated in a complaint. Each complaint that is submitted results from someone’s perception of a violation of the ADALB’s governing statutes or regulations. Each complaint took time for that person to gather and organize information, to write, to gather and submit relevant evidence and to physically submit to the Board. The complainant took the matter seriously, and the ADALB should recognize that and give each complaint the attention that it deserves.

Conclusion

I am concluding this article with a direct plea to the members of the ADALB – all of them, including the collision repair industry members, the insurance industry members and the chairman:

When you receive complaints that have been submitted to you, from whatever source, please seriously consider each one of them. Please read your own governing statutes and regulations in light of the facts alleged in each complaint, and apply them to the facts alleged. Please try to make an unbiased and intelligent determination of whether a complaint legitimately has stated a violation of the laws that you are supposed to enforce.

Please do not dismiss complaints out of hand. Please fully discuss each matter with the other members of the Board. Please understand that a complaint that involves only a small amount of money means something to the person who is losing that money…and it may mean a heck of a lot more in total monetary losses if the particular appraiser is doing this all of the time or if many appraisers are engaging in the same conduct.

Then, when appropriate, please either move a matter forward to at least get a response from the person against whom allegations have been made or perhaps investigate it further or maybe just issue a position statement on the issue that is disseminated to the industries that are affected. Make the effort to let the licensed appraisers whom you oversee know that you are taking your job seriously and that there may be consequences for an appraiser who violates the laws that govern them.

PLEASE DO SOMETHING!

Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com

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VICE PRESIDENT'S MESSAGE

continued from pg. 6

for their substandard rates because you and YOUR business are breaking free in 2023!

Is it time to stop being afraid? You own your business, the insurers don’t. There is no need to have fear when you are a competent, skilled and essential part of your local community. No need to be fearful when telling the insurer to get out of YOUR business. It’s YOURS, and nothing will be more liberating than taking it back fully without any fear or doubt.

I am thankful to have mentors in this industry who have done so much of this hard work for us. I look up to those who have taken their businesses back and broken free of insurance constraints simply because it was the right thing to do. The biggest thank you is to that one mentor for always asking me and my fellow compadres in this crazy collision industry: is it time yet? So, I will continue on with just a sliver of his diligence and unrelenting passion for this industry by asking you the same: IS IT TIME YET?

AASP/MA VICE PRESIDENT MATTHEW CIASCHINI is the co-owner of Full Tilt Auto Body & Collision (Easthampton, Northampton and Hatfield; fulltiltautobody.com) and can be reached at fulltilt.matthew@gmail.com.

EXECUTIVE DIRECTOR'S MESSAGE

continued from pg. 8 from the insurer.” After requesting through the Freedom of Information Act (FOIA) the documentation of the “numerous complaints received by the DOS from vehicle owners and insurance companies” which were allegedly received, it was found that there were only three letters from three different insurance companies, from three different third-party claimants requesting reimbursement under part four of their Massachusetts insurance policy. Just three letters sparked that action to be taken. It should be noted that all three claimants had dealt with just one well-educated collision shop. That is how much pressure the insurance industry is feeling and why they are counting on YOU and hoping YOU give up.

I surely hope you are getting the message that YOU do make a difference and that together, the “ALLIANCE” is going to continue to work with and for YOU to make a substantial impact on the labor reimbursement rate and the enforcement of the regulations governing licensed appraisers in Massachusetts.

If you are not a part of the “ALLIANCE,” get off the sidelines and help to make it happen sooner. JOIN AASP/MA NOW (see the application on page 7), or go to aaspma. org and click on the JOIN NOW tab on the home page.

One of the most important reasons to JOIN the “ALLIANCE” is that the insurance industry does not want YOU to.

The first three letters of “ALLIANCE” say it ALL!

MASSACHUSETTS

BOOTH #509