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New England Automotive Report
May 2021 • Volume 19, No. 5
DEPARTMENTS EXECUTIVE DIRECTOR’S MESSAGE by Evangelos “Lucky” Papageorg 8 | Even More Proof
CONTENTS COVER STORY
LOCAL NEWS 12 | AASP/MA's Papageorg and Penacho Talk "Everything Auto" on WSAR 13 | Al Brodeur's Auto Body Hosts First Annual Spring Egg Hunt 14 | Marshall's Autobody Experts Donates Vehicle to Family in Need 15 | ADALB to Rescind Emergency $3K Personal Inspection Threshold 18 | AASP/MA Legislative Campaign Grows in Sponsorship NATIONAL NEWS 20 | AASP/NJ Provides Update on NORTHEAST® 2021
30 | Re-thinking ADAS: A Closer Look at a Consumer-Safety Necessity by Joel Gausten
LEGAL PERSPECTIVE
AASP/MA MEMBER SPOTLIGHT by Alana Bonillo 22 | Wenzel's Auto Body VENDOR AFFINITY PROGRAM MEMBER SPOTLIGHT by Alana Bonillo 26 | Shamrock Sales
ALSO THIS ISSUE 7 | AASP/MA MEMBER APPLICATION 27 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS
34 | Are Specialized Insurer Referral Shop Programs Legal? by James A. Castleman, Esq.
40 | JUST FOR FUN New England Automotive Report
May 2021 5
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6 May 2021
New England Automotive Report
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EXECUTIVE DIRECTOR’S MESSAGE
Even More Proof EVANGELOS “LUCKY” PAPAGEORG
As a professional collision repairer, you are well aware of the need to have the Auto Damage Appraiser Licensing Board (ADALB) overhauled and moved out from the Division of Insurance (DOI). The ADALB has to be moved because of the unfair influence and manipulation by the insurance industry that has been going on for far too long. It is for this exact reason that AASP/MA refiled our bill to have the ADALB moved to the Division of Professional Licensure (DPL). The necessity for this action was reinforced by the discussions and votes that took place at the ADALB’s March 23 meeting. As I’ll comment on in the following paragraphs, in my observation, this meeting was just another prime example in a long list of stonewalling and self-promotion of the insurance industry’s agenda, which has nothing to do with protecting the consumers of Massachusetts through licensing and enforcement of regulations against those who do not write proper and thorough auto damage appraisals. For more than a year now, COVID-19 has been utilized as a method to further defraud and endanger consumers. First, there was the blatant attempt to circumvent the existing CMR language requiring in-person inspection of collision-damaged vehicles. This change would also potentially set the foundation for a future argument that the
requirement was needless. It was originally proposed that in-person inspections be waived for damages $5,000 or less, inclusive of the deductible (which in the case of a $1,000 deductible would mean $6,000 worth of damage). This absurd proposal was met with resistance by both collision industry representatives on the ADALB. Ultimately, the threshold was lowered to $3,000 – still too high, as vehicles with that amount of damage on an original insurance estimate traditionally have safety concerns associated with that damage. On top of that, supplements significantly add to the final repair figure. Citing the lessening of the COVID-19 threat to appraisers and shops, the motion was made once again at the March 23 meeting to immediately resume using the original maximum limitation of $1,500. Board member Rick Starbard made this motion because of his own experience, citing the overwhelming number of poorly written original estimates being written from photos and the disregard for safety issues that are not easily recognized without personal inspection. Immediately, his motion was again met with strong resistance from insurance industry representative Peter Smith, who indicated he personally had not found any examples of what Starbard had described as concerns. continued on pg. 38
STAFF
AASP/MA EXECUTIVE COMMITTEE
PUBLISHER
President Kevin Gallerani
SALES DIRECTOR
AASP/MA STATEWIDE DIRECTORS
EDITORIAL DIRECTOR
Director At-Large Adam Ioakim
Thomas Greco | thomas@grecopublishing.com
Alicia Figurelli | alicia@grecopublishing.com
Joel Gausten | joel@grecopublishing.com
EDITORIAL/CREATIVE COORDINATOR Alana Bonillo | alana@grecopublishing.com
OFFICE MANAGER
Donna Greco | donna@grecopublishing.com
PRODUCTION COORDINATOR
AASP/MA DIRECTORS
Vice President Matthew Ciaschini
Treasurer Dana Snowdale
Legislative Director At-Large Tom Ricci
ZONE 1 Mike Penacho Dan Wenzel John Studer
ZONE 2 Ray Belsito Joshua Fuller Brenda Lacaire
Affiliate Director Rick Fleming
Affiliate Director Bill Spellane
ZONE 3 Andrew Potter Brian Stone Phil Morin
Secretary Gary Cloutier
Collision Director At-Large Rob DelGallo ZONE 4 Kevin Kyes Jim Marshall Paul Tuscano
Joe Greco | joe@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
AASP/MA ADMINISTRATIVE OFFICE AASP/MA Executive Director Evangelos “Lucky” Papageorg
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 © 2021 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com
8 May 2021
New England Automotive Report
AASP/MA Administrative Assistant Alana Bonillo
WWW.AASPMA.ORG
Affiliate Directors Frank Patterson Jeff White Don Dowling P. O. Box 850210 Braintree, MA 02185 617-574-0741
New England Automotive Report
May 2021 9
10 May 2021
New England Automotive Report
[LOCAL] NEWS
AASP/MA’s Papageorg and Penacho Talk “Everything Auto” on WSAR On March 22, AASP/MA Executive Director Evangelos “Lucky” Papageorg was the special guest on “Everything Auto with Mike Penacho,” the long-running talk radio show hosted by AASP/MA Zone 1 Director Mike Penacho (Mike’s Auto Body; Fall River) on WSAR 1480 AM/95.9 FM. The hour-long discussion provided both industry professionals an opportunity to enlighten listeners on how AASP/MA’s work extends beyond representing Massachusetts-based automotive businesses. “The whole purpose of the association is to help consumers as well as the collision repair industry,” Papageorg said. “If the consumers are being handled properly and are getting what they are deserving of through their policy, then we as collision repairers benefit from that – that’s how we get paid. If they’ve been reimbursed properly to do all the repairs, that’s where we come in. We are the repair professionals in the equation; the insurance industry’s role is to pay for those repairs.” Papageorg also discussed how the collision repair industry has changed over the years, stressing to listeners that the stereotypical body shops of the past have been replaced by the professional collision repair facilities of today. “We’re no longer ‘bodymen.’ People have kind of a picture in their minds of a bodyman all covered in bondo dust. We’re actually evolving – and have evolved – into technicians.” Despite the industry’s clear progress in training and expertise, Penacho shared that many professional facilities consistently receive pushback from insurers when it comes time to negotiate procedures and/or reimburse their policyholders for the services 12 May 2021
New England Automotive Report
those facilities provide. “Body shops that do proper repairs and put the consumer first are getting blackballed by insurance companies,” he revealed. “In my particular business, many times when I speak up, certain negative things happen. Appraisers don’t come on time. Some people consider this to be a game, but it’s truly not a game.” “Unfortunately, the insurance industry is obviously in business to make money. They try to cost-contain the areas of the repair process that they feel may not be necessary,” Papageorg responded. “One of the things that we stress as an association is that we’re not “We’re no longer ‘bodymen.’ We’re actually evolving – and have evolved – into technicians.” - Evangelos "Lucky" Papageorg anti-insurance; we are pro-consumer. It’s very important that we, as collision repairers, do proper repairs. In order to do so, we have to be reimbursed properly. That reimbursement is what the insurance part of the ‘game’ is. This is anything but a ‘game;’ it’s people’s livelihoods, people’s safety and protecting the motoring public. “You have insurers steering customers away from you because you go through training, because you’re educated and because you understand what’s needed to restore the vehicle to that pre-loss condition,” he added. “You get labeled a ‘troublemaker’ because you won’t lie down and let insurers tell you how to fix a vehicle or have you use parts that you may feel should not be put on the vehicle or may never have been crash tested.”
Papageorg also spotlighted AASP/ MA’s current legislation (House Bill 327) that aims to move the Auto Damage Appraiser Licensing Board (ADALB) from the Division of Insurance to the Division of Professional Licensure. “Although the Auto Damage Appraiser Licensing Board is supposed to be autonomous, it doesn’t answer to the Insurance Commissioner but is housed in the Division of Insurance right now. Our piece of legislation is there to try to level the playing field and make the ADALB truly a consumer advocacy board, which is what it was designed to be. Electricians, plumbers and even hairdressers have their licenses governed and overseen by the Division of Professional Licensure. The auto damage appraiser’s license, right now, is governed by the ADALB under the Division of Insurance. Governor Baker, back in 2016, put out a Governor’s request that all boards be moved to the Division of Professional Licensure. That has yet to take place, so we’ve been forced to put in a piece of legislation that is going to have to be voted on by our senators and representatives to have that Board moved.” Additionally, he discussed the association’s current legislative effort (House Bill 111/Senate Bill 709) to ensure proper reimbursement to collision repair consumers by their insurers. “The rate of reimbursement here in Massachusetts is the lowest in the country. We have tried to address that issue, because we feel that at the poor reimbursement rate that the consumer is getting, they’re kind of being funneled into what shops the insurer wants them to have their vehicles repaired at. Those shops may have
Al Brodeur’s Auto Body Hosts First Annual Spring Egg Hunt Al Brodeur’s Auto Body of Marlborough welcomed this spring season in a very special way! Early last month, the body shop launched its first annual Spring Egg Hunt for the Marlborough community – a fun activity for families that supported local businesses and nonprofit organizations. “It’s very important to me to do things for the community, and I wanted to do something positive that would make people happy and excited,” shares Molly Brodeur, the shop’s owner and immediate past president of AASP/ MA. To make it a surprise and keep it fair for all – including her team at the shop – she didn’t announce the egg hunt until it was all ready to go. Just one of her part-time employees was in on it, helping her work out the best way to enact it. With her 12-year-old son Caden (her “official egg hider”) in tow, she set out to hide 22 jumbo eggs (one for every member of the Al Brodeur team) all around Marlborough in public areas such as schools and parks and along the city’s “Museum in the Streets,” a walking history tour. “We wanted to make it a little challenging, but not so hard that you’d spend an hour looking for one egg.”
Each egg included a gift card from one of five family Marlborough businesses – Trombetta’s Farm, a mini-golf and garden center; APEX Entertainment, a facility offering arcade games, bowling, go-karts and more; Plaster Fun Time, a drop-in art center for kids offering fun items to paint; Word on the Street, a new bookstore catering to young readers; and Altitude Trampoline Park. The egg hunt was a hit and very well received. All it took was one Facebook post, and all 22 eggs were found in a matter of a few hours. Every family that found an egg received a $100 gift certificate to Al Brodeur’s for any service they offer, and each egg finder was also entered into a raffle to win a free auto detail from the shop. In addition, Brodeur donated $1,000 each to three organizations – Kits for Kids; which provides comfort to children entering foster care; Sweats for Vets, which outfits homeless veterans with New England sportswear; and Team Sharing, which supports families who have lost a child to addiction. “It was three-fold; I wanted to do something for the families and residents of Marlborough while supporting our business community and local nonprofits.”
12-year-old Caden Nesbitt had the important job of hiding the specially bagged eggs.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA’s Papageorg and Penacho...(cont.) entered into a contract with the insurer to work at a specific rate, and then the insurance industry tries to indicate that it’s a rate that all body shops should work at – not taking into account where the body shop is located and not taking into account the level of expertise, equipment and certifications at a particular shop.” Penacho, who has hosted his WSAR show for the past eight years, was grateful to have Papageorg join him to discuss issues affecting consumers and collision repairers alike. “Part of my program is devoted to informing people, whether it be about things pertaining to car insurance, claims,
inspections or leasing or purchasing a vehicle,” he tells New England Automotive Report. “Lucky has so much information for consumers, and he’s so knowledgeable about issues in the industry. He was right on the mark in explaining a lot of things that people didn’t know.” Listen to “Everything Auto with Mike Penacho” every Monday from 2pm-3pm at wsar.com. A recording of the March 22 show with guest Lucky Papageorg is available at aaspma.org/ everything-auto. See page 18 of this issue for more information on AASP/MA’s current legislative work.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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New England Automotive Report
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[LOCAL] NEWS
Marshall’s Autobody Experts Donates Vehicle to Family in Need On March 23, AASP/MA Zone 4 Director Jim Marshall fulfilled his nearly 18-month goal of providing something truly special to members of his community. In early 2020, Marshall decided to restore a damaged vehicle at his shop, Marshall’s Autobody Experts in Billerica, and give it away for free to a family in
need. He contacted the Billerica Interfaith Association for a suggested recipient of his shop’s volunteer work. From there, he reached out to Plymouth Rock Assurance, which supplied him with a totaled 2015 Toyota Sienna. Things were quickly moving in a positive direction before COVID-19 threw Marshall a curveball. “We were about 75 percent done with the van before the pandemic, but everything slowed down from there. It took us about six months to get the vehicle re-inspected, and we had to deal with some logistical problems and errors with the title.”
A community spirit is alive and well at Marshall’s Autobody Experts.
Despite these obstacles, Marshall and his crew never lost sight of the finish line. “Everybody here was very enthusiastic over doing the repair. We had a few Saturdays when we all worked together. They volunteered their time for the most part; it really worked out amazingly well as a team-building experience.” The months of work and patience finally paid off this past March. Joined by WCVB-TV Channel 5 reporter Erika Tarantal, Marshall’s Autobody Experts presented the fully restored four-wheel-drive Sienna to Billerica residents Jim and Tracey Rudenick and their adopted granddaughters Chloe, Kylie and Lexie. “It’s just nice knowing now we have a safe vehicle,” commented an emotional Tracey during the WCVB-TV broadcast. “I’m just, like, so overwhelmed with all this. It’s just amazing!” Marshall’s Autobody Experts received invaluable assistance from Billerica businesses Dan’s Auto Repair (free mechanical services), Schlott Tire (new free
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tires) and R&D Custom Exhaust (a year’s worth of free fuel and oil changes). Additionally, Cabot Risk Strategies donated a year’s worth of auto insurance through Plymouth Rock Assurance. Thrilled to see the Rudenicks drive away in the safely repaired vehicle, Marshall tells New England Automotive Report that he looks forward to doing similar repairs in the future. Additionally, he encourages his fellow AASP/MA members to consider doing the same. “It’s not that hard to do, and the greatest thing is that you get to stay involved in your community. It’s time and money well spent if it helps people in your neighborhood.” The WCVB-TV report on the vehicle presentation is available online at bit.ly/MarshallGift. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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ADALB to Rescind Emergency $3K Personal Inspection Threshold During the March 23 teleconference meeting of the Auto Damage Appraiser Licensing Board (ADALB), the Board voted 3-0 to approve a motion by Board member Peter Smith (MAPFRE Insurance) to set May 15 as the date to rescind emergency Advisory Ruling 2020-1. Originally issued in March 2020 in response to Governor
Baker’s State of Emergency declaration as a result of the COVID-19 pandemic, this Advisory Ruling was established to temporarily waive the requirement of personal inspection of motor vehicle damage in cases where the amount of loss, less any applicable deductible, is under $3,000. This amount represents an increase from the $1,500 threshold established in current state regulations. Smith’s motion (which passed via affirmative votes by Smith and Board members Rick Starbard and Bill Johnson and an abstention by Board member Samantha Tracy [Arbella Insurance]) came after a motion by Starbard to immediately rescind the Advisory Ruling failed. (Starbard and Johnson voted yes, Tracy abstained and both Smith and ADALB Chairman Michael Donovan voted no.) In other news, a proposed Advisory Ruling submitted by Johnson in regard to the practice of requiring receipts as proof of the purchase and/or price of parts prior to an appraisal or supplement being written failed after Smith and Tracy voted no and Chairman Donovan abstained. The next ADALB meeting is scheduled for May 25 at the Division of Insurance in Boston, marking its first in-person gathering since January 2020. This meeting will serve as the ADALB’s review of regulation changes it initially submitted in 2016. An audio recording of the March 23 meeting is available in the Members Only section of aaspma.org. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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16 May 2021
New England Automotive Report
New England Automotive Report
May 2021 17
[LOCAL] NEWS
AASP/MA Legislative Campaign Grows in Sponsorship AASP/MA’s efforts in the Legislature in support of consumers and collision repair professionals have grown to previously unseen heights – and lawmakers are paying attention. As of this writing, the association has 80-plus combined sponsors for its two bills, “An Act Relative to the Licensure of Appraisers” (House Bill 327) and “An Act to Establish Minimum Reimbursement Rate to Insurance Claimants” (House Bill 1111/Senate Bill 709). The current bill numbers were recently assigned to replace the previous House Docket numbers and will remain in place for the rest of the current legislative session. Amazingly, House Bill 327 (which previously had three sponsors when it was introduced in the Senate in the previous legislative session) gained a whopping 38 sponsors in just a three-day period at the end of February. This achievement was the direct result of AASP/MA members contacting their area representatives and urging their support. “We’ve been off to a tremendous start right out of the gate,” AASP/ MA Lobbyist Guy Glodis commented during the association’s recent virtual General Membership Meeting. “If you just look in comparison to where we are starting this legislative session to where AASP/MA was two years ago, it’s literally a night-and-day difference. When you look at these sponsors, you’re going to see a very eclectic group of legislators
– urban to suburban, Republican to Democratic. I think we’ve done a great job of reaching out.” Filed by Representative Tackey Chan of Quincy, House Bill 327 aims to move the Auto Damage Appraiser Licensing Board (ADALB) from the Division of Insurance to the Division of Professional Licensure. It also seeks to expand the size of the ADALB to include two consumer advocates, one appointed from the Attorney General’s Office and the other from a consumer advocacy group, and replace the current Board chairman, appointed by the Massachusetts Commissioner of Insurance, with one appointed by the Commissioner of the Division of Professional Licensure. Additionally, it will set term limits for all ADALB members. Filed by Representative James Hawkins of Attleboro, House Bill 1111 seeks to set a minimum reimbursement rate for auto body labor paid by insurers to Massachusetts claimants. This would guarantee that the consumer has a choice in selecting a facility and will not be limited to just shops that are willing to work for a substandard rate. “This bill talks about a minimum rate of reimbursement to the insured to make sure that they have enough money to have a vehicle fixed properly at a shop that they choose, which is properly trained and may have a higher Labor Rate because of that,” AASP/MA Executive Director Evangelos “Lucky” Papageorg explained during the General Membership Meeting. “Consumers need to be reimbursed at a rate that keeps up with modern automotive repair technology.” House Bill 327 has been referred to the Joint Committee on Consumer Protection and Professional Licensure. Chan is the House chair; Susan Moran (Falmouth) is the Senate chair. House Bill 1111 has been referred to the Joint Committee on Financial Services. Jamie Murphy (Weymouth) is the House chair; Brendan Crighton (Lynn) is the Senate chair. Glodis and Papageorg are taking immediate steps to meet with these committee chairs and members to educate them on the reasons for the bills and why each should move forward. As for hearings on the bills, Glodis noted that these gatherings may be held virtually if scheduled during the spring, while in-person hearings are tentatively expected to return in the summer or fall. With momentum for both bills growing by the day, Glodis urged General Membership Meeting attendees – and the entire AASP/MA membership – to continue to reach out to legislators in the months ahead. “[Representatives] want to be your friend. They get elected and reelected based on their constituents. There’s nothing more powerful than a business owner who has a business in their district, a constituent or an employer who employs four or five constituents calling up and just talking about a bill that affects their industry and livelihood. I think you’d be surprised by seeing how positive the response is and how the Legislature really wants to support their constituency.” Above all, he congratulated the AASP/MA membership for taking an active role in securing such a large number of sponsors so early in the legislative session. “Lucky and I certainly can’t take credit for this; this is a collective effort.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
18 May 2021
New England Automotive Report
New England Automotive Report
May 2021 19
[NATIONAL] NEWS
AASP/NJ Provides Update on The Alliance of Automotive Service Providers of New Jersey (AASP/NJ) is looking forward to the return of its flagship event this fall. According to the association, the 2021 NORTHEAST Automotive Services Show – originally scheduled for March 19-21 and now set for September 10-12, 2021 at the Meadowlands Exposition Center (MEC) in Secaucus, NJ – is on track to be the first show of its kind to take place since the COVID-19 pandemic began over a year ago. “We are very excited and anxious to get the show back up and running,” says AASP/NJ President Jerry McNee. “With more and more people getting vaccinated and the encouraging case statistics here in New Jersey, everything is pointing to a safe and successful NORTHEAST.” AASP/NJ is working daily with the MEC to implement every necessary safety protocol to ensure that anyone who attends NORTHEAST will feel safe and secure. “We are very encouraged by what we are seeing not only in New Jersey but around the country,” comments Show Manager Thomas Greco (AASP/NJ secretary and president of Greco Publishing). “Trade shows for other industries have already started in places such as Florida and Alabama; we are monitoring all of BEST CHEVROLET_NEAR0320.qxp_Layout 1 2/12/20 12:02 PM Page 1 them closely to see what works and what doesn’t and what we need to do to make NORTHEAST as ‘normal’ as possible.” “Everything is trending in the right direction,” adds McNee.
2021
“The Governor has been loosening restrictions. We are confident that by September, we will be as close to normalcy as possible. So, mark your calendar and let NORTHEAST be the cure to your cabin fever. We really can’t wait to see everyone again.” In addition to the action on the NORTHEAST show floor, the Washington Metropolitan Auto Body Association (WMABA) has committed to providing its annual Collision Professional Repairer Education Program (Collision P.R.E.P.), which will launch with on-demand virtual courses beginning this month and conclude with in-person presentations at the live show. Two virtual courses – “What is a ‘Retail Door Rate’ and Why Market Surveys Should Not Include Contracted Rates” (presented by Tim Ronak of AkzoNobel Performance Coatings) on May 12 and “Differentiating Labor Rates Based on Certification, Skillset, Tooling and Training” (presented by Mark Olson of VECO Experts) on June 9 – were announced at press time. Course information and updates will be available at wmaba.com/collisionPREP in the months leading up to NORTHEAST 2021. Pre-registered NORTHEAST 2020 attendees will not need to re-register, as badge data will be carried over to these new dates of September 10-12. For updates and information on NORTHEAST, please continue to visit the official event website at aaspnjnortheast.com. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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[AASP/MA] MEMBER SPOTLIGHT
by Alana Bonillo
Wenzel’s Auto Body Wenzel’s Auto Body has been a trusted source for quality auto body repairs to the Upper Cape area of Massachusetts for 40 years and counting. The family-owned/operated business was started by Jim Wenzel in 1981. Eventually, his sons, Dan and Steve, joined him. All three are involved in the operation today, although Jim has taken a bit of a backseat as Dan and Steve have taken over the reins of the body shop. “My father is semi-retired and somewhat removed from the day-to-day, but he still stays busy with the business,” Dan says. “We really like having him around.” Dan was just two years old when his father opened Wenzel’s Auto Body, and he grew up in and around the business. While in high school and college, he had the opportunity to work at the shop during the summer and on Saturdays. He also studied business and accounting but soon returned to the shop after graduating college. He has never looked back. “After about a month or so of coming back home, I knew this was pretty much what I was going to do. I was very intrigued by the cars, the technology, the business end and the customers. Everything about this is fast-moving, and I found myself liking it all quickly.” That was 20 years ago. Since then, he’s been part of the Wenzel team, working to build a strong, solid facility with a team of over 20 members between the office and the body shop. “We have really had a nice pace of growth over the past 15 years. We hit some standstill with COVID-19, but we’re moving ahead, and we plan to continue the trajectory going forward.” Keeping on top of training has been important to the Wenzel team. “We’ve been I-CAR Gold since 2007, which we are very proud of, as that was not a big thing back then. Everyone is into it now. I-CAR is still pretty much the standard for how we receive our training, but we also get it from our jobber, who provides paint certification training, and representatives from the companies we buy from. They are always providing training that we take advantage of.” Recently, Dan was elected to the AASP/MA Board of Directors, representing Zone 1. A member of the association for some time, he admits he had to give running for the Board some thought at first, knowing that he already had a lot on his plate. Then, he realized that others do it and give up their time to help the industry, so he decided to give it a try. As one of the new faces on the Board, he hopes to help bring along some new ideas through “a fresh pair of eyes.”
Left to right: Steve, Jim and Dan Wenzel of Wenzel’s Auto Body In addition to the strong efforts AASP/MA has been making at the Legislature, Dan believes that one of the keys to ongoing success in the industry is making sure all parties are on the same page when it comes to proper repair procedures. “I think the main thing is to stay current with the technology demands from the manufacturers and how to repair cars properly. If we aren’t staying focused on that, we can all be in trouble. I think you have to bring this to light to the whole industry – the shops, the insurers and the suppliers. Everyone has to be on board; if not, it will be a difficult task to take on by yourself. I think the Board does a good job of addressing this need.” One of the things Dan loves most about the industry is its sense of community. “I’ve met so many good people in this industry – from the team we have at our shop to the members of AASP/MA, the vendors and a lot of the people I’ve met throughout the country over the years. Some of them have become my best friends.” Looking toward the future, the Wenzel team hopes to continue to do what it does best – representing the family name, serving the community and always making the shop a great and safe place to work. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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New England Automotive Report
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continued on pg. 26 24 May 2021
New England Automotive Report
[VENDOR AFFINITY PROGRAM] MEMBER SPOTLIGHT
Shamrock Sales, Inc. strives to provide excellent representation to its paint and body equipment (PBE) manufacturer partners while making sure auto body shops are getting the products and training they need to succeed. The company, which has been around since 1986, represents multiple collision repair product manufacturers here in the US (as well as one line in the United Kingdom and another in Finland). Shamrock Sales distributes the products, supports sales and provides distribution points through jobbers right down into the body shops. “We are the support team,” explains President Marc Pintal. “We are the sales agency that demos products. Whether it's technical support or a live shop demo, ultimately we sell the products to the shops.” Shamrock Sales represents manufacturers including Buff and Shine, DeVilbiss, Evercoat, E-Z Mix, Ferro Industries, J Tape, Mirka, Mothers Polishes, ProStripe, SAS Safety Corp. and SEM. “It’s very unique what we do. We are contracted help; we aren’t direct employees for any one brand.” Based in Nashua, NH, Shamrock Sales covers all six New England states and the Metro New York area. Pintal has been the sole owner of Shamrock Sales since 2006. He began his career as a teen working in a paint supply store in Lowell. As his career evolved, he was offered a position at Shamrock Sales, where he eventually became a partner and later took ownership. Recently, the company came on board with AASP/MA as a Silver-level participant in its Vendor Affinity Program. “We have a long relationship with these folks, and we are happy to do anything we can do to help them.” Pintal believes that Shamrock Sales’ success comes from its
by Alana Bonillo
Left to right: Marc Pintal, Mark Davis and Chris Ballerini of Shamrock Sales, Inc. reliable sales team (Mark Davis and Chris Ballerini), who spend the time teaching, training and selling. This team works closely with their direct customer – the jobbers – to go into shops to perform demos and training on site. In the ever-changing landscape that is auto repair, new products are always popping up from the manufacturers. Shamrock Sales is ready to take that technology into the shops. “We’ve been successful for many years because of our team, which is able to relay this information with confidence, comfortably. It’s a challenge at times, as many of these technicians have been doing this for many years. You have to be able to show – in a quick, professional way – that this will bring value to the shop. Most technicians are on it in a heartbeat; they see something new and understand how they can save time with it. Time is money for a shop.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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New England Automotive Report
May 2021 27
28 May 2021
New England Automotive Report
New England Automotive Report
May 2021 29
[COVER] STORY
by Joel Gausten
RE-THINKING ADAS:
A Closer Look at a Consumer-Safety Necessity
As active AASP/MA members and regular readers of New England Automotive Report know, the association is working hard to promote legislation that would ensure that Massachusetts consumers receive a proper rate of reimbursement from insurers to have their vehicles repaired in a matter that meets the demands of evolving automotive technologies. For a clear example of this undeniable need, one simply has to consider the points driven home throughout a recent AASP/MA virtual presentation on the increasingly complex world of advanced driver-assistance systems (ADAS). As part of its recent General Membership Meeting, the association welcomed Nick Dominato, founder of AASP/MA Gold-level Vendor Affinity Program (VAP) participant adasThink and senior vice president of asTech, for an intriguing overview of the growth of ADAS in recent years, where automakers are going with these systems and what repairers need to do to stay ahead of 30 May 2021
New England Automotive Report
these developments to ensure consumer safety. Based on the “thousands and thousands of estimates” that he has reviewed through his work with adasThink, Dominato stressed that ADAS calibrations are now an unavoidable component of the collision repair process.
“Overall, we have found a 64 percent calibration-to-estimate ratio. That means that if you run 100 vehicles through adasThink, you will find 64 ADAS calibrations. If you run 10 estimates through, we’re going to find six ADAS calibrations on average in that estimate. As a shop owner/operator, it would be a good exercise to think about how often you’re seeing it now in your
shop. Are you finding the numbers we’re finding? If not, why not?” According to Dominato, the frequency of ADAS calibrations varies by OEM. For example, Lincoln has on average one calibration for every estimate run through adasThink’s system, and luxury brands generally tend to have more ADAS technology in place, which means more calibrations. However, he cautioned AASP/MA members not to make assumptions based on make and model alone. “Hyundai actually has a higher prevalence of ADAS calibrations than BMW,” he revealed, adding that Chrysler is making a considerable upward shift in ADAS in its newer vehicles, with the Pacifica in particular
“pretty loaded up with technology nowadays.” To fully illustrate how crucial proper ADAS procedures have become, he shared that late-model Toyota/ Lexus and Ford/Lincoln vehicles require “a huge amount” of parking sensor calibrations. “Essentially, if you have a Ford or Lincoln or a late-model Toyota or Lexus with parking sensors and you’re doing something as simple as R&Iing the front or rear bumper covers and that has a parking sensor, you’re more than likely going to need to do a calibration for Toyota/Lexus or an operation check for Ford/Lincoln.” Additionally, he noted that ADAS calibrations aren’t just needed for newer vehicles and could be required for several past model years depending on the manufacturer. To gauge how quickly the industry is waking up to these realities, adasThink recently examined 100 estimates in Canada (where the company is based) that it knew needed at least one ADAS calibration. Of these 100 estimates (which required a total of 122 ADAS calibrations), only 15 calibration procedures in total were identified. Clearly, a greater focus on these procedures – and a stricter adherence of OEM service information – is needed. “You need an estimator with the time, the knowledge and the experience to spend that time in front of service information, do the research for you and pull the information out. If you have a young estimator or someone who’s under time pressure, they’re not going to be doing that, in my experience.” As repair facilities work to access the ADAS information, Dominato cautioned that traditional estimating
systems often lack everything needed to identify and implement proper procedures. He also advised attendees to avoid relying solely on scan tools. “If you use a scan tool, it will also miss more than nine in 10 calibrations. If you come away with nothing from this presentation but one thing, it is do not rely on a scan tool to tell you whether or not an ADAS needs to be calibrated. A pre- or post-repair scan with ‘no codes’ is not an all-clear.” Ultimately, all roads lead to OEM service information – which can be updated/changed with great frequency – as the definitive ADAS resource for repairers. It will take great diligence and expertise for a professional auto body facility to keep up with what is necessary for ADAS procedures with every vehicle that arrives in its bay. This demand will only increase as OEMs place more emphasis on these systems moving forward. “As we move toward autonomous driving, the OEMs are going to be a lot stricter about making sure that these systems are properly functioning and are being properly calibrated,” Dominato said. “ADAS is already big, and it’s only going to get bigger.” adasThink’s estimate intelligence software enables users to upload estimates to a system that automatically supplies them with the vehicle’s ADAS feature information, the calibrations that are needed and a link to the OEM service information and requirements for a proper repair. To check out adasThink for free, create an account at adasthink.com to try 10 estimates and obtain more information. A spotlight on adasThink’s services is available in our April 2021 issue. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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[LEGAL] PERSPECTIVE by James A. Castleman, Esq. [LEGAL]
Are Specialized Insurer Referral Shop Programs Legal? Last month’s Legal Perspective dealt with the issue of whether the referral shop contracts used by insurers are legal. Clauses that appear to violate various statutes or regulations were identified, and it was suggested that collision repair shops that participate in insurer referral programs carefully read each insurer’s contract. At the end of the article, it was noted that there may be a bigger issue regarding specialized insurer referral shop programs: Are they legal at all? Background For many years, the ability of insurers to steer their insureds to particular auto repair facilities was greatly limited. When the statute establishing the Auto Damage Appraiser Licensing Board (ADALB) was enacted in 1981, it included language stating that “no appraiser or insurer shall request or suggest that repairs be made in a specified repair shop.” That was amplified by regulations that the ADALB adopted soon afterwards, which stated that “no staff or independent appraiser, insurer, representative of insurer or employer of an independent appraiser shall refer the claimant to or away from any specific repair shop or require that repairs be made by a specific repair shop or individual.” The statute and the regulations were generally interpreted so as to completely prohibit auto insurers in Massachusetts from communicating any preference as to what repair facility or facilities their insureds should use to make insurance covered auto damage repairs. That interpretation was softened somewhat in 1987, when Allstate Insurance Company sued the ADALB, challenging such a complete prohibition. In that case, the Massachusetts Supreme Court ruled that “an insurer, on the request of a customer, may provide that customer with a list of repair shops or individuals which it believes can do quality repair work as long as the communication makes it clear that the choice of the repair shop or individual belongs to the customer.” Still, the limitation on referrals remained significant, since the ruling required that the customer first make a request to the insurer. Additionally, it required the insurer to provide a list of shops rather than directing a claimant to a specific shop and make it clear to the customer that they still had a choice of whatever repair shop that they wanted to use. Also, as part of its decision, the Court let it be known that it was not striking down either the governing statute or the ADALB regulation as they were written. The Major Change In the late 1980s, the insurance industry lobbied for, and was able to convince the Massachusetts legislature to enact, the so-called 34 May 2021
New England Automotive Report
“Direct Payment” statute. That law completely changed the way that insured auto damage claims were handled in Massachusetts. Among the changes was a portion of the statute that would allow auto insurers that adopted “Direct Payment Plans” to distribute lists of referral repair shops to their insureds when those insureds were making damage claims. Despite this major change, there still continued to be significant limits on how the referral shop system would work. Notably, except as specifically allowed in the Direct Payment regulations, the general referral prohibitions existing in the original ADALB statute and the ADALB regulations remained intact – and they are still intact. Referrals could be made by insurers only if they adopted a Direct Payment Plan, and only if they complied with regulations subsequently issued by the Commissioner of Insurance that prescribed how such Direct Payment Plans and referral programs would work. Among requirements of the Direct Payment regulations are: (1) All Direct Payment Plans need to be approved by the Commissioner of Insurance. The insurance industry can submit an “industry” plan that, if approved, then can be used by any electing insurer. Alternatively, an individual insurer can submit its own plan. (2) In order to be approved, there must be a hearing held with regard to most plans. The submitter of the plan (whether the industry or an individual insurer)“and other persons affected” need to be given notice of the hearing. Further, the submitter “and any other interested person” can file written materials in support of or in opposition to the plan. [Emphasis added.] If the Commissioner determines that a submitted plan “does not substantially deviate from a previously approved plan,” then it can be approved without a hearing. [Emphasis added.] (3) All plans must include a referral repair shop component. (4) “No direct payment plan approved […] and no insurer in implementing such plan, shall require a claimant to have repairs made at any specific repair shop.” [Emphasis added.] (5) The plan must contain a provision that an insurer must provide to a claimant a list of all Massachusetts-registered motor vehicle damage repair shops (later interpreted by the Commissioner to just all registered shops in the claimant’s county). “The insurer may indicate by clearly marking with an asterisk or other means of highlighting on the list of all registered repair shops at least five repair shops geographically convenient for the claimant which will perform the repairs on referred claims without undue delay. An insurer shall not provide a separate list containing only its continued on pg. 44
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New England Automotive Report
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New England Automotive Report
May 2021 37
EXECUTIVE DIRECTOR’S MESSAGE continued from pg. 8 What ensued next was the shameful manipulation of the voting process under Robert’s Rules regarding parliamentary procedure. After much discussion, the motion was moved to a vote. The vote was 2-to1 in favor, with one abstention by insurance representative Samantha Tracy – meaning the motion would have passed. After what in my opinion sounded like coaching going on in the background by Attorney Michael Powers, Chairman Michael Donovan voted in the negative – causing a tie – and the motion failed. A second motion was requested by the Chairman after leading comments by Smith that the restrictions be lifted on May 15 rather than immediately as previously considered. This motion passed on a 3-to-0 vote, with Tracy once again abstaining. (It should be noted in this instance that the Chairman did not vote – and he didn’t
38 May 2021
New England Automotive Report
There is no better reason to contact your legislator and request their support of House Bill 327, “An Act Relative to the Licensure of Appraisers,” than what took place at the last ADALB meeting. have to, as the insurance industry got its way again!) One has to question why Tracy abstained once again. Did she perhaps do so in both instances as a silent protest to the proceedings? Could it be that she is well aware of the consequences of supporting the collision industry on a vote? History bears witness as to what happens when you do. In December 2018, all five ADALB members indicated they would vote in favor of a collision repairer on the issue of a vendor not
selling aftermarket parts to them. In January 2019, longtime ADALB member Joe Coyne was replaced by Tracy (unlicensed at the time). At the next ADALB meeting held that April, decades-long Chairman Gilbert Cox and fellow Board member Lyle Pare were replaced by the current chairman (Donovan) and MAPFRE employee Smith. Some will say that I am voicing sour grapes because the collision industry did not get a vote to go its way. I would dare say that since this current Board has been seated, there
has been the subtle – or maybe not so subtle – manipulation of parliamentary rule to benefit the insurance industry. I give kudos to the use of Robert’s Rules to gain the advantage. However, it just proves the point that there are three individuals on the ADALB hell-bent to advance the insurance industry’s agenda and not protect consumers by ignoring the regulations! The Chairman, from the first vote he was able to participate in when appointed, was raising his hand in the affirmative before a motion was even made (on a video record, by the way). To add insult to injury in this most recent meeting, two subsequent votes that took place once again exemplified the unfair and biased influence being exerted by the insurance industry on the Chairman, who is supposed to be impartial and not beholden to either the collision or insurance industries. Either through a lack of understanding of the regulations and the need to protect consumers or through an intent to benefit insurers, this Chairman seems to go along to get along. In my view, the facts speak for themselves. His continued platitudes and promotion of the ideas as set forth by Smith speak volumes. His apparent lack of understanding of the Direct Payment Plan (DPP) regulations allowed for another miscarriage of a vote defying the language of regulations that have been in effect since the Automobile Insurance Reform Act of 1988 was passed. I think he allowed himself to be swayed (if his mind had not been set from the start) regarding the requirements of receipts as proof of parts being purchased and work being done. I also think he was led by what I feel was the intentional misrepresentation of facts and concerns voiced by Smith regarding the DPP regulations. It is very apparent that the insurers (as the saying goes) want to have their cake and eat it, too. They want the ability to pick and choose what suits
their needs. The requirements under the old system (pre-1988) using the Work Completed Form (WCF) allowed the insurer to demand all receipts as proof and then make the subsequent payment of a claim – the old “you only get paid for what you prove you did” process. Under the DPP regulations, the insured is owed all the money for their damages whether they repair their vehicle or not. If the insured chooses to repair their vehicle, they get to dictate what is or isn’t done. Insurers are trying to create a hybrid that suits their greedy needs. First, they write low-balled and fraudulent original estimates and then insist on paying for only what is negotiated AND COMPLETED on a supplement. It is an absolute abomination! This is an extremely important issue for consumers and collision repairers alike. THIS IS WHY OUR LEGISLATION TO MOVE THE ADALB TO THE DPL IS A MUST! There is no better reason to contact your legislator and request their support of House Bill 327, “An Act Relative to the Licensure of Appraisers,” than what took place at the last ADALB meeting. If you are an AASP/MA member, you have access to all ADALB proceedings via video recordings on our website. You owe it to yourself to watch. If you do not walk away after having viewed the videos as infuriated as the rest of us, you need to check for a heartbeat. This is just one of the fights AASP/ MA is waging on your behalf. If you are not a member, there is no better time than the present to join. There is an application on page 7. DO IT NOW! WHAT MORE PROOF DO YOU NEED? The time to act is now.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org.
New England Automotive Report
May 2021 39
[JUST FOR FUN] BEYOND BIZARRE: STRANGE VINTAGE CAR ACCESSORIES
As vehicles have evolved over the past century, so have the accessories and gadgets they come with. We took a look into the past, digging deep to find some of the oddest and strangest features of motor vehicles from the olden days. Here they are, in no particular order. Dashboard Coffeemaker Long before Starbucks coffee
runs were a thing, there was one vehicle manufacturer that thought to feed the need for caffeine by way of offering a dashboard coffee-making device. The Hertella Auto-Kaffeemaschine was a rare feature that could be found in some Volkswagen Beetles. Not much is known about the nifty-looking device, including just how much power it took to heat coffee, but its porcelain cup featured a magnetic disc on the bottom that allowed it to attach to the machine. The device also mounted to the dash with a simple bracket. More than likely, it did not produce a good cup of coffee. Good thing we have Starbucks today!
Record Player Many readers may remember a time when
vehicles featured cassette decks (or possibly the even rarer eight-track players), but record players? Believe it or not, back in the 1950s and 1960s, there were some vehicles that allowed drivers to spin vinyl while at the wheel. The “Highway Hi-Fi” was an option in the 1956 Chrysler, Desoto, Dodge and Plymouth. CBS Labs created technology allowing for specially made seven-inch discs to be played on a device that would fit in the car. Due to the disc’s very slow speed, each side would play about an hour’s worth of music. It went for roughly $200, which would be the equivalent of $1,700 in today’s world. In the early 1960s, Chrysler offered a more reasonably priced option by way of the RCA “Victrola,” which allowed drivers to play their own 45 records for the price of $51.75 (which would amount to $410 in 2021). A third option existed in the Norelco “Auto Mignon” player, which was priced in a similar range as the RCA model. We imagine lugging around a case of 45s was not ideal; therefore, the concept fell by the wayside.
Lit Cigarette Dispenser
Once upon a time, tobacco smoking was a hugely popular habit, leading some vehicle manufacturers to feature a cigarette dispenser near the steering wheel. Not only did the device supply the driver with a cigarette at their fingertips, but it lit it, too! The fact that it quite possibly could be a major fire hazard is perhaps why the device did not catch on. Today, one can’t even find an ashtray in a vehicle. Do you know of any other odd or strange vehicle features? Let us know by emailing Editorial Director Joel Gausten at joel@grecopublishing.com. 40 May 2021
New England Automotive Report
Magnetic Pipe Dashboard Holder
The His ‘n’ Her Gear Shifter
Now this one is quite different! Back in 1968, Hurst Performance and the now-defunct Oldsmobile teamed up to create a special-edition vehicle – the Hurst/Olds – that featured a console-mounted “His ‘n’ Her Gear Shifter,” a.k.a. the Hurst Dual-Gate shifter. According to Drivemag.com (bit.ly/HurstGearboxes), only 515 of the “His ‘n’ Her” existed in two body styles. The shifter allowed the driver the choice between using the standard PRNDL setup and the ability to put it into muscle-car mode. Apparently, the idea did not stick with the average driver, as it became something preferred by drag racers instead.
Back in the 1940s and 1950s, pipe smokers likely made use of the magnetic-base pipe holder dashboard accessory. Not much can be found about its origination, but the vintage device had a magnetic base that worked with metal-dash vehicles back in the day. A seller on eBay is looking to unload these gems for roughly $13 (bit.ly/CarPipeHolder). Act now, pipe smokers; there were only two left at press time!
Images courtesy of David Hord via Instagram.com/thedrive, MacsMotorCityGarage.com, DriveMag.com, Classicandsportscar.com and eBay.com.
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For Genuine Hyundai parts, contact an Authorized Hyundai Dealer. HERB CHAMBERS HYUNDAI 735 Southbridge Street Auburn, MA 01501 TOLL FREE: 800-767-1898 FAX: 508-832-6026 EMAIL: pobrien@herbchambers.com www.herbchambershyundaiofauburn.com
BOCH HYUNDAI 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062 PARTS LINE: 781-762-9210 TOLL FREE: 800-559-9210 bchwholesale@boch.com
BALISE HYUNDAI 683 E. Columbus Ave. Springfield, MA 01105 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com
One Call, One Truck for Eleven Brands!
Quality Repairs Start With Volvo Genuine Parts. For over eight decades, the Volvo name has been synonymous with unmatched quality and performance. that legendary Volvo quality starts with Volvo Genuine Parts. Rely on Volvo Genuine parts to get the right fit, at the right price, right now. Please contact the following dealers for your Volvo parts needs: Prime Volvo Cars 1030 Hingham Street Rockland, MA 02370 Parts Direct: 781-927-3520 Fax: 781-927-3592 www.volvocarssouthshore.com
Volvo of Wellesley 962 Worcester Street Wellesley, MA 02482 Parts Direct: 800-247-3033 Fax: 508-651-1220 www.volvoofwellesley.com www.volvogroup.com
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May 2021 41
Genuine Replacement Parts For the Road Ahead.
Avoid problems down the road that will cost you time, money and customers. Choose Genuine Subaru Replacement Parts, engineered to fit better today, and perform better tomorrow.
For Genuine Subaru Body Parts, contact the following Authorized Subaru Dealers: Long Subaru 7 Sutton Rd. Webster, MA 01570 800-982-2298 Fax: 508-879-1212 tschube@longauto.com
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475
Balise Subaru 561 Quaker Ln. Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com
One Call, One Truck for Eleven Brands!
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New England Automotive Report
Patrick Subaru 247 Boston Turnpike Shrewsbury, MA 01545 508-756-8364 Fax: 508-752-3691 www.patricksubaru.com jlavalley@patrickmotors.com
Boch Hyundai
Boch Chevrolet
Genesis of Norwood
THE SERVICE NEVER STOPS AT BOCH HYUNDAI! PARTS LINE:
KNOWLEDGEABLE STAFF AND GENUINE GM PARTS! PARTS LINE:
PROVIDING SERVICE, QUALITY AND EVERYTHING IN-BETWEEN! PARTS LINE:
TOLL FREE:
TOLL FREE:
TOLL FREE:
781-762-9210 800-559-9210 E-MAIL:
bchwholesale@boch.com
VISIT US: 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062
781-762-9210 800-559-9210 E-MAIL:
bchwholesale@boch.com
VISIT US: 381 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062
781-762-9210 800-559-9210 E-MAIL:
bchwholesale@boch.com
VISIT US: 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062
New England Automotive Report
May 2021 43
[LEGAL] PERSPECTIVE continued from pg. 34 referral shops.” [Emphasis added.] (6) An insurer essentially is required to accept all registered shops as referral shops that want to be referral shops for the insurer so long as the shops “have entered into an agreement satisfactory to the insurer, to complete repairs for claimants referred by the insurer without undue delay, for the amount of the direct payment to the insured plus any applicable deductible, plus any supplemental payment authorized by the insurer.” (7) The only additional criteria that an insurer can use in forming its referral shops list are “the quality and cost of repairs at a particular shop, the quality of the service given the customer, the responsiveness of the shop to the customer’s needs, the ability of the shop to perform repairs without undue delay, the geographic convenience of the shop for the claimant, cooperation of the shop with the pre- and post-repair inspections and the shop’s compliance with applicable laws and regulations.” Development of Insurer Specialized Referral Shop Plans – and Why They May be Illegal All Massachusetts-licensed auto insurers now have Direct Payment Plans, and all have referral shop programs that comply with the requirements of the Commissioner’s regulations. Beginning about 10 years ago, however, some insurers started submitting what I refer to as “specialized” Direct Payment Plans for approval by the Commissioner – although it appears that these plans violate many parts of governing statutes and regulations. Further, many of the insurers may have begun implementing some aspects of those plans several years before seeking approval. The adoption of these specialized plans did not come out of the blue. Because of the unique auto damage claims settlement system in Massachusetts, many of the larger US auto insurers did not have a presence here, and the Commissioner of Insurance at the time wanted to try to encourage them to join the Massachusetts insurance market. As a result, in my opinion, the Commissioner was willing to bend the Massachusetts rules to allow the insurers to operate as they did in the rest of the country, hoping that they would add competition to the industry. The plans submitted by these insurers openly disclosed how their specialized programs worked, even though – again, in my opinion – the specialized programs turned a blind eye to the clear requirements of Massachusetts law. Additionally, the approval of these plans by the Commissioner appeared to ignore his own written requirements. No notice of hearing – and certainly no notice to “other persons affected” – appears to have been given prior to approval. In fact, it appears that no hearing ever was held prior to approval. It may have been ruled by the Commissioner that a hearing was not required because the specialized plans did not “substantially deviate” from previously approved plans, but they clearly did in multiple respects. There are problems with many parts of these plans, but the referral shop elements of the plans appear to me to be particularly violative of Massachusetts statutes and regulations. Among these 44 May 2021
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There are problems with many parts of these plans, but the referral shop elements of the plans appear to me to be particularly violative of Massachusetts statutes and regulations. problems are: (1) In direct violation of sections of Direct Payment regulations described above, the plans all allow the insurers to maintain a completely separate list of their special referral shops. They significantly limit the number of shops on these separate lists, and they require their special referral shops to meet stated (or unstated) requirements that go well beyond those allowed by the regulations. They also refuse to allow other shops to participate in their specialty programs, no matter how qualified those shops may be. (2) In direct violation of the ADALB statute, the ADALB regulations and the Direct Payment regulations, the plans allow insurers to suggest or request that their customers use one of their special referral shops when repairing their damaged vehicles rather than choosing a shop of their own. In fact, some of the plans openly disclose how claims handlers will offer to have claimants be put in touch with one of their special referral shops, sometimes offering to patch them in during an initial call to report a claim. (3) In direct violation of the ADALB statute and regulations, the plans allow the insurers to approve appraisals written by their special referral repair shops – but not their regular referral repair shops – without an appraiser for the insurer personally viewing damaged vehicles and without any other appraiser writing their own appraisal. Conclusion In summary, the insurer specialized referral repair shop programs described in this article, and implemented widely in Massachusetts, openly and substantially violate numerous Massachusetts statutes and regulations in multiple respects. The programs appear to have been approved illegally, and they appear to operate illegally. Of course, that is just my opinion as an attorney who has spent several decades studying and working with Massachusetts laws that govern the settlement of auto damage claims. But I am not the Commissioner of Insurance, not the one who approved these programs and not the one who occupies the office today. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com.
New England Automotive Report
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New England Automotive Report
