New England Automotive Report May 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 | The Collision Twilight Zone

by Matthew Ciaschini

EXECUTIVE DIRECTOR’S MESSAGE

8 | Stop! It’s Not Your Fight by Evangelos “Lucky”

LOCAL NEWS

Papageorg

12 | ADALB’s Agenda Sees Promises for Future Reviews

16 | Chapter by Chapter: AASP/MA Returns Face to Face by Chasidy

Rae Sisk

AASP/MA MEMBER PROFILE

24 | Fuller’s Collision Center, Auburn by

Alana Quartuccio

WHERE ARE THEY NOW?

30 | Bruce King Is Still Doing the Right Thing After All these Years by Alana

Quartuccio

LEGAL PERSPECTIVE

34 | “LKQ” and “OEM Recommended” by James A Castleman, Esq.

ALSO THIS ISSUE

7 | AASP/MA MEMBER APPLICATION

18 | AASP/MA ANNUAL GOLF OUTING SAVE THE DATE

20 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS

COVER STORY

26 | AASP/MA Defends Shops’ Right to Charge Copays in Challenge to DOS by Chasidy Rae Sisk

NATIONAL FEATURE

32 | AASP/MA’s Lucky Papageorg

Shares Dragon-Slaying Methods at NORTHEAST 2023 by Chasidy Rae Sisk

VICE PRESIDENT’S MESSAGE

The Collision Twilight Zone

MATT CIASCHINI

How are things going at your shop lately? I ask because it feels like we are in some strange times. We, as repairers, should be the repair experts…right? Why does it feel like the insurers turn a blind eye to some procedures and not others? Sometimes I feel like I’m in the twilight zone of collision repair where up is down and left is right!

At my shop, we stay up on the newest technology, OEM procedures and repair techniques while always updating equipment, computers and diagnostic tools. We are learning every day. Some of this requires research, which often sends me down a path of repair education because this collision business and new vehicle technology is ever-changing. I always find something in the OEM data or repair procedure and refinish manuals that will be useful in negotiations with an appraiser which displays something we did or will do to a vehicle to repair it to OEM specification. In my mind, this data confirms that we are doing the right thing. That seems really simple, doesn’t it?

That’s the insurance appraiser’s trap that I often fall into and end up in the twilight zone of the insurance industry’s perception of collision repair. Ok, I know I’m being obtuse while masking it with a lot of flowery language, so here is a real life example I’ve recently dealt with.

We are putting a quarter panel on a newer Dodge Charger. As many of you know, these vehicles have a laser-welded roof seam with no natural breaking point, which requires a true “up and over” for the extension of clear coat into the roof and the opposite uniside. So naturally, I found the OEM position on clear coat blending and

STAFF

PUBLISHER

Thomas Greco | thomas@grecopublishing.com

VICE PRESIDENT/SALES DIRECTOR

Alicia Figurelli | alicia@grecopublishing.com

EDITORIAL/CREATIVE COORDINATOR

Alana Quartuccio | alana@grecopublishing.com

OFFICE MANAGER

Donna Greco | donna@grecopublishing.com

PRODUCTION COORDINATOR

Joe Greco | joe@grecopublishing.com

MANAGING EDITOR

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PUBLISHED BY: Thomas Greco Publishing, Inc.

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Corporate: (973) 667-6922 / FAX: (973) 235-1963 www.grecopublishing.com

my paint manufacturer’s refinish guide on the extension of clear. I know that this particular insurer and appraiser are very difficult, so I go as far as to send them two videos from SCRS about this very subject and how the vehicle must be refinished. Upon negotiation, the insurance appraiser tells me he will not be covering the “up and over” as it is not “industry standard.” Much to my dismay, I quickly pull up all the documentation I spoke of earlier, to have the appraiser tell me, “That doesn’t matter because the other shops in your area don’t fix cars that way. They all foam a line or roll an edge on the roof “seam” (I put “seam” in quotations because they barely exist). My mind starts to spiral because I am now in the twilight zone of collision repair. It gets better…

Same vehicle, we damage a rocker molding while removing it from the vehicle because all the clip mounts split and also, as most know reading this, it’s an extremely common occurrence with Mopars, as they are fragile and have an almost impossible access point to depress the clips. Naturally, I wrote to replace it because it was no longer in pre-accident condition. The same appraiser then proceeds to show me the OEM procedure on how the rocker molding is removed, stating “Nowhere in this procedure does it say that this part is one-time use or unable to be reinstalled.”

Now, the world is spinning so fast I need to hold onto something to keep my balance! I explain, “We performed that exact procedure of removal, and due to lack of access, the part was damaged in the process of an R&I which was written on the original insurance estimate. We agree that we had to remove it, but we don’t

ZONE

John Studer

Dan Wenzel

Affiliate Director

Al Correia

Brent Dabrosca

C.J. Ellis

Jimmy Kelsey

AASP/MA Executive Director

Evangelos “Lucky” Papageorg

ZONE 2

Belsito Brenda Lacaire Tom Ricci ZONE 3

Directors Mike Nawrocki McColl Rhodes

AASP/MA Administrative Assistant

Alana Quartuccio

Dean Luther

Jeff White

Affiliate Directors

J.R. Force

Simon Frietas

Jayce Mitchell

Gregg Tanguay

Scott Varney

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

continued on pg. 18

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 # __________________

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

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

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

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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.

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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.

It’s Not Your Fight

For far too long, the collision industry has been waging a battle that is truly not ours ––as positively intentioned as it has been – in an effort to protect, insulate and isolate our customers from the issues which arise in collision repair. The “taboo” topics of proper labor rate reimbursement, performance and payment of procedures to restore a damaged vehicle to safe functionality are just a few of the issues. We have gone to battle with insurers because of our failure to understand our position and obligation in the “game.” We must remember that we are professional collision repairers. We have slowly but surely evolved from just being “body men” to being highly skilled technicians. We are highly skilled technicians in an industry which is changing and advancing at a mind-boggling speed. What we are not, though, are superheroes protecting vehicle owners from the evils of the insurance industry. All too often, we position ourselves between the vehicle owner and their insurer.

Our need to be the protector of the “poor” individual who has suffered a collision loss has allowed the insurance industry to successfully and unfairly control independent collision repair businesses. As collision repairers, we have allowed ourselves to be brainwashed. Too many repairers believe that if we dare charge our customers a fair and reasonable rate that is higher than the suppressed and artificially controlled rate of reimbursement that the insurance industry has determined, we will have no customers and will go out of business. What could be further from the truth? As a matter of fact, the exact opposite is true. Sadly, we are destined to go out of business if we do not charge our customers a copay, which is the difference between our posted door rates and what an insurer is willing to reimburse. We will also go out of business if we continue to perform procedures but do not charge for them because they fall under the insurance company’s “we don’t pay for that” category. If a significant change in mindset is

not achieved by the majority of collision repairers, our industry is destined to collapse and the only question which remains is when? It is NOT all “doom and gloom” however. As the saying goes, “There is a light at the end of the tunnel,” and for many collision repairers, it is NOT a train bearing down on them. More and more collision shop owners are proactively asking, “What can I do to change things for the better”? Many have already implemented changes in how they take in their work. They look at the customer and their insurance company and decide if it is really worth it to work on that vehicle. Especially after they have taken the time to educate that customer. The customer must understand that it is their insurance company that needs to be held accountable, and if their insurer is failing to meet their obligation under the indemnification policy and the customer still wants and expects a safe and proper repair, then they must pay for it. Shops are beginning to understand that the customer must pay for whatever the insurer fails to cover, just as if they were a patient at a doctor’s office.

This change of perception was clearly evident at the recent NORTHEAST® Automotive Services Show in March. Panel discussions and presentations, along with attendee participation, made it clear that the mindset is changing with collision repairers who are determined to not just survive but thrive in this great industry. Discussions regarding the difference between “prevailing rates” and contract rates and the meaning of terms such as “judicial reasonability” were clearly important to attendees. The understanding is that, as collision repairers, our obligation is to repair vehicles safely and properly, and to do so, we must understand where the line is when it comes to “avoidable liability” and that a difference between “required” and “recommended” procedures in the repair process does NOT truly exist when it comes down to being sued. (Be sure to read Jim Castleman’s Legal Perspective on page 34).

After some very pointed and passionate discussions, it was great to see and hear the change in position from, “I can’t charge my customers the difference” to “I can no longer afford NOT to charge them the difference.” Adding to the positive change in mindset was the fact that more shops than ever before voiced their successes and shared that they have a long waiting list of vehicles to get into their shop by vehicle owners who want it done right and are willing to pay. The shops that continue to “make the rate work” are NOT the shops of the future. Those shops will continue to fall by the wayside. Those are the shops that will not be able to keep pace with training, technology and equipment demands. They are the ones who will ultimately lose all their business as

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ADALB’s Agenda Sees Promises for Future Reviews

The items reviewed at the most recent meeting of the Auto Damage Appraiser Licensing Board (ADALB), held on March 16, primarily resulted in postponements, acknowledgements that future review will be needed and prevarication.

One item on the agenda called for the review of the revocation of a damage appraiser’s license held by a body shop owner, but the appraiser requested and received a postponement based on the fact that he is in the process of appealing the case in question.

During the call for “other business,” Board member Bill Johnson (Pleasant Street Auto; South Hadley/Belchertown) mentioned a recent issue in his business where an insurance company declared a vehicle a total loss without an inspection. “This is a clear violation,” Johnson stressed. “Number one: It’s steering, which is not technically under our purview. But number two, there was no personal inspection, yet they’re putting in writing that the

regulations as no one can take an estimate written by a licensed appraiser and then make changes. The Board agreed to send a letter notifying the company that the reference verbiage is against Massachusetts regulations.

Secondly, Starbard observed that he’s frequently seeing parts being written that are significantly older than the car they’re intended for, yet insurers are insisting they are of like kind and quality because they fit. For example, a used door from a 2009 vehicle being written for a 2015 vehicle is “hardly the same or better in my opinion,” he said, suggesting that the ADALB consider clarifying the matter through an advisory ruling.

Johnson’s impression of LKQ is “the same or better quality. As it relates to sheet metal, that means the same model year or newer, and when it comes to wear on parts, that means the same mileage or less.”

vehicle has been deemed a total loss. And it may very well become a total loss, but they cannot put the cart before the horse. The insurance company is clearly violating the rules and regulations.”

Attorney Michael Powers instructed Johnson, as the business owner, to send a letter to the insurer that notes what the CMRs say in regard to personal inspection and total loss, asking how they are complying. Once he has that information, the ADALB will have clear documentation to review, according to Powers.

When Board member Samantha Tracy (Arbella Insurance) pointed out that the note that Johnson had referenced wasn’t sent by a licensed appraiser but by a different department, Johnson informed her that he’s “sick of hearing ‘it wasn’t a licensed appraiser; it was just the insurance company.’ It’s still a clear violation!”

Board member Rick Starbard (Rick’s Auto Collision; Revere) brought two matters to the Board’s attention. First, a particular third-party claims handler has included language at the top of their estimates indicating that “this estimate supplement is subject to audit and revision by the insurance company,” which is against

Powers suggested that Starbard draft a letter with a proposed solution for the Board to review and discuss before sending to the Department of Insurance.

The Board retired to Executive Session to review the seven (of 100) complaints filed against licensed appraisers by a single auto body shop owner, who is also a licensed appraiser.

The ADALB is scheduled to reconvene on May 9. Don’t miss the detailed coverage of the February and March meetings, only available in the April issue of the Damage Report members only newsletter.

AASP/MA members are strongly encouraged to listen to the recording of the March 16 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/ADALB0323.

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...

Chapter by Chapter: AASP/MA Returns Face to Face

For the first time since the COVID-19 pandemic made inperson gatherings obsolete, AASP/MA has begun returning to areas all across the Commonwealth with local chapter meetings bringing education and valuable networking opportunities to collision repairers in every zone.

“The pandemic kind of killed off the chapter meetings for a while. But it’s been long enough, and now we want to bring them back. We want AASP to be more accessible to our members than just two statewide meetings a year,” according to AASP/MA President Kevin Gallerani (Cape Auto Body & Service; Plymouth). “We think that the local meetings are good for bringing shops of an area together and sharing new information or trends. It’s also a great opportunity for us to bring in new potential members.”

“AASP/MA is bringing back chapter meetings for a few key reasons,” AASP/MA Vice President Matt Ciaschini (Full Tilt Auto Body & Collision; West Hatfield) contributes. “One reason is that we want to touch those shops that may not be able to come out to statewide meetings. Another is our desire to build comradery in our markets to help everyone realize that a rising tide lifts all ships.

“We also would like to grow our membership, so making it easier for non-member shops to go to a local event allows them to see all the hard work our ‘Alliance’ is doing to better our industry,” he adds. “Some may not be aware of all the hard work we are putting into the legislation that will greatly benefit our industry. Lastly, we have more localized vendors who can attend chapter meetings, so area shops know who they should use because we encourage members to support those who support us.”

Chapter meetings began reemerging last month with a Zone 4 (Northeast) meeting held on April 5 at Essex North Shore Agricultural and Technical School in Danvers before moving west for a Zone 3 meeting on April 25 at Dean Vo-Tech in Holyoke. Next, Zone 1 (Boston South) will meet on May 10, followed by a Zone 2 meeting in the Worcester area on May 24.

Each local meeting adheres to a similar format, which includes an opportunity for some face-to-face interaction while enjoying refreshments followed by vital information for attendees. The April and May meetings serve to provide updates on AASP/MA’s legislative agenda, including its labor rate reimbursement bill and movements to reform the Auto Damage Appraiser Licensing Board (ADALB), as well as an update on the Division of Standards (DOS) Notice to ensure attendees understand what it really means to them,

especially if they are considering or charging a copay (flip to page 30 for more information on the association’s response to the DOS).

Attendees can also expect to participate in a review of the Society of Collision Repair Specialists’ (SCRS) recent paint blend study in addition to learning more about ADAS to identify potential knowledge gaps related to this complex topic. Each meeting ends with a chance to network with members of AASP/ MA’s Board of Directors as well as local industry peers, providing a chance to discuss the most pressing issues they face in their businesses.

“Hosting local face-to-face meetings has always been important to the ‘Alliance’ because it gives us a chance to share valuable information that enhances the value of membership and can be used in the shops to improve their daily operations, but just as importantly, these gatherings offer an opportunity for shops to get together and develop an atmosphere of comradery,” shares AASP/ MA Executive Director Lucky Papageorg. “We want shops to recognize that they’re not ‘the only ones’ and get the opportunity to witness how hard the association works on behalf of Massachusetts shops and consumers.”

Enhancing the visibility of the association and what it does for Massachusetts shops – both members and non-members alike – serves as another important objective in AASP/MA’s return to hosting chapter meetings around the state.

“We need to have better visibility for some shops,” Gallerani stresses. “Lucky will have a chance to travel and get out and visit some shops in the areas where he is holding the meetings. I’m looking forward to Lucky getting out there and showing his face all over the state. I’m also looking forward to our members being able to get together with their zone peers and interact. It’s good to hear ‘you’re not the only one out there’ once in a while.”

Registration for local chapter meetings costs just $25 for members in good standing and $50 for non-members. Any nonmembers who attend and join the Alliance within 30 days of the meeting will get the $50 fee applied to their 2023-2024 dues. Additionally, $5 from each entry fee will be entered into a cash drawing which one attendee will win at the end of the meeting (must be present to win).

AASP/MA also plans to hold a General Membership meeting on June 17. For more information or to register for any of these upcoming events, visit aaspma.org/events

agree to replace the part?!?” Then I get a little chippy with the guy, “So, what you are telling me is that you can quote OEM procedure and I need to adhere to some loose interpretation of what you think it says, but when I display something in black and white in multiple documents, it means nothing?!?” All this appraiser could do is lean on his thin insurer-based training, stick to his guns and insist, “What you are asking for is not industry standard.” And that was it. He refused to do the right thing for his own insured.

Have you felt like you were in this twilight zone before? You are not alone!

There are a few key lessons from this story – a story which is common to all of us in the collision repair business. The main lesson is we should always repair the vehicle to standards the OEMs, paint manufacturers and collision educators provide us despite what an insurer refuses to pay for. In our case, we got out in front with the customer on the case above and had them reach out to their insurance company. Ultimately, our customer paid out of pocket for the procedures required but not paid for by his insurer after we suggested the customer reach out to the appraiser and the adjuster directly. We try to always give our customer the opportunity to get reimbursed by the insurer. Our customer also promptly left this insurance company for one recommended by our shop and his local insurance agent.

Another lesson is having documentation for how a vehicle is or should be repaired can never be wrong. Doing the right thing and displaying it to your customer will earn a customer for life. We can all do this. In fact, we all must do this to ensure that we are being properly compensated as well as doing proper, safe repairs for the

consumer. The last lesson is: Don’t be part of the problem! Don’t let the insurers tell you what the “industry standard” is. THEY ARE NOT THE INDUSTRY, WE ARE! We fix cars; they pay bills. We can’t let them force substandard repairs upon us and then perform those repairs. That is wrong, and will never work for you or your customers. So don’t let them tell you “just blend the clear there” or “you don’t need to replace that panel and cut the whole car apart” or “that vehicle doesn’t need a pre-scan” or just simply “we don’t pay for that.” Those words are all absurd and not what your customer deserves.

Stay out of this twilight zone that the insurers try to put us in by being up front with your customer about the proper repair and everything it involves so that the next time that price-cutting appraiser comes into your shop and starts the denial process, you are already armed and ready to combat them alongside of your customer.

If you’re not already a member of AASP/MA and you like the sentiment of this article, you need to join us! Becoming a member of the “ALLIANCE” will only help you and your business grow. If you are already a member and need some help, reach out to us. That is what we are here for as THE Alliance that supports the collision industry in Massachusetts.

Fuller’s Collision Center, Auburn

The Fuller name has been a go-to in the Massachusetts automotive world for more than a century. Josh Fuller is a fourthgeneration member of a family that has mastered the art of servicing customers in the areas of collision repair, mechanical and towing in the Auburn and Worcester areas.

“We’ve been a name in auto repair since 1914 since my greatgrandfather,” says Josh who owns and operates Fuller’s Collision Center in Auburn. “We are very thankful that our customers have created a great history of needing our service over the years.”

Just about every aspect of automotive repair has been handled by the Fullers over the past century. His father, Richard, dedicated his time to his towing operation, rust proofing business and auto repair. He fondly remembers his father and grandfather going out of their way to help others. His grandfather always went above and beyond for customers like the time he loaned his own vehicle to a police officer who crashed his police cruiser until it could be fixed. Josh has many memories of his dad working around the clock to serve customers.

“My dad towed vehicles 24/7 when I was a kid,” he recalls. “He’d wake up at all hours of the night to tow vehicles, and then during the day hours, he’d be at the shop solving automobile problems. Solving problems and the entrepreneurial spirit are well alive and full in the Fuller blood.”

That entrepreneurial spirit is what led Josh into the family business.

“I didn’t grow up around cars or work for my father when I was young,” he shares. “I actually didn’t know much about what he did outside of knowing he towed vehicles. I was never forced into the business. I just followed the entrepreneur route at a young age. I must have had about six jobs in high school, doing things like landscaping, shoveling walks and retail.

“I studied finance in college and worked in corporate accounting at Liberty Mutual for two years. Then I chose to come back into the family business,” he adds. “The drive to serve people is what drew me back.

It’s what I grew up around.”

Josh joined his father in 2003 and officially took the reins of the business in 2012.

He operates the collision repair center, while his brother, Chris, operates Fuller’s Auto and Tire Center, which mostly deals with mechanical repairs, located right next door. Josh works very closely with their sister, Kerry Cunningham, who serves as his OEM compliance manager and also handles the marketing and community advocacy for the Fuller brand. The operation continues

to grow as they recently opened ADAS Diagnostic Solutions in Worcester.

“ADAS technology is growing, and our team chose to be one of the first shops in the area to focus on calibrations,” Josh explains. “They started out small and have now expanded to operating in a full retail business where 50 percent of the calibrations they perform come from other body shops.”

Keeping up with training and technology is key to the success of the Fuller brand. On top of training with I-CAR, the team goes above and beyond what they can learn and explore. Every employee is required to take at least two professional training classes, such as OEM or specific tool training related to their area of expertise, annually.

Josh believes it’s the people on their team that helps make the business stand out as a success. Their leadership team members in particular have been on board over 12 years. Working and growing together as they have all gone through marriages and having children, all around the same time, has developed a strong bond. Josh feels fortunate to have them on board. The Fullers strive to drive a stable and consistent culture where people can grow both professionally and personally.

In 2013, Josh took his industry involvement even further by joining AASP/MA as a member of its Board.

“It’s great to be involved and help drive the direction of our industry and our state. We’ve had a lot of challenges and wins too.”

Josh spent a lot of time behind the scenes as a Board member playing an active role in helping to enforce the goals of the Alliance, including growing the Vendor Affinity Program as chairman, as well as contributing toward the association’s legislative efforts.

A father to three children (ages 11, 10 and six), Josh is very active in their activities which demands a lot of his available time outside of running his business. As a result, he has taken a step back from the AASP/MA Board, though he remains an active member and maintains a passion for protecting and educating consumers while working to improve the industry for all.

“It’s about creating awareness, not only within the industry, but with consumers about what we bring to the industry and how important we are as service providers and communicating some of the challenges we face.

The entire Fuller team

Chris & Josh Fuller

by Alana Quartuccio

“We have a sign in our lobby that depicts the hourly labor rates of similar area service providers, such as electricians, mechanics and lawn mower repairers, along with our labor rate and information on how some insurance companies are creating challenges and what some of their tactics are. Once people look at it, they realize it’s no different than the health insurance industry. We work to serve the consumer and fix their cars correctly to OEM standards, and we deserve to get paid to do so. That’s the challenge. How do you align performance with compensation to be able to pay workers – the tradesman and craftsman – something competitive when they can go out into other fields? We work on complex computers on wheels with a lot of mechanical devices, and they are expected to be repaired to pre-accident condition, yet the compensation isn’t even close to being aligned with what it should be.”

Despite those challenges, the thing Josh loves most about his work in collision repair is serving people.

“We are assisting people in navigating through a difficult time. Getting into an automobile accident is a traumatizing experience, and the repair experience soon thereafter is even more complex. We help them navigate through the challenging insurance process and ensure that their vehicle is returned to manufacturer repair specifications and all ADAS systems have been calibrated correctly. Being an advocate for our customer is rewarding.”

In a state where the labor reimbursement rate is the lowest in the country – despite contending with one of the highest costs of living – many shops have found that simply educating their customers about the egregious under-indemnification issues that run rampant amongst insurance companies allows them to collect a copay to get reimbursed for the hard work exerted into safely and properly restoring vehicles to their pre-accident condition.

It’s not surprising that shops were taken aback at allegations that, by doing so, they might be behaving illegally and could potentially lose their collision shop registration!

That’s exactly what happened near the end of 2022 when an uproar arose among registered collision repair shops throughout the Commonwealth who felt threatened by an email circulated via the Division of Standards (DOS). With a subject line of Motor Vehicle Repair Shops and Motor Vehicle Glass Repair Shops Registered with the Division of Standards, the email cautioned shops about communications “with customers or potential customers regarding the amount of compensation, if any, that claimants may expect to receive from insurers.”

Specifically, the DOS Notice asserted, “Some Repair Shops have suggested to customers or potential customers that if a customer pays the Repair Shop the difference between the Repair

that may have been misstated in the Notice and clarifying issues of law addressed in the Notice.”

Castleman specifically identified that it is legal for a shop to inform customers that they may request reimbursement for copays, that customers may legally request those amounts and that insurers may be required to pay or reimburse the consumer “for all or part the difference between what their insurer has paid or allowed and what their repair shop is charging and/or that the customer has agreed to or paid.”

After reviewing three documents (sent by three consumers to three different insurance companies requesting reimbursement for repair work performed by ONE shop) provided as evidence of the allegations, Castleman found “no evidence whatsoever that the repair shop is suggesting that ‘insurers must reimburse or pay to claimants all of the amount of money claimants pay’ to the shop. Nor is there any evidence whatsoever, that the shop has suggested that a ‘claimant is entitled to compensation’ for the difference between the shop’s charges and the amount that their insurer is paying for the work. Nor is there any indication [...] of ANY other repair shop having made ANY representations to ANY insured that their insurer must make additional payment to them, or that they are entitled to any additional payment.”

AASP/MA Defends Shops’ Right to

Shop’s charges and the amount the insurer pays for the Repair Work, the claimant is entitled to compensation for this difference from the insurer,” warning that “such a suggestion might be false and might subject the Repair Shop to penalties” which could include suspension or revocation of the shops’ registration.

Are shops in the wrong for charging a copay? Unlikely!

“It is quite clear that the DOS has been weaponized by the insurance industry against the collision industry and specifically against those shops who have made the bold move to collect what they are worth for the repair procedures they have performed on a vehicle to restore it to road worthy functionality, to restore these vehicles to as close to pre-loss condition as possible, while accepting the full liability in doing so,” said AASP/MA Executive Director Lucky Papageorg. “There is nothing wrong with getting paid fairly and adequately for the work that you do and passing on any costs not covered by the vehicle owner’s insurer in the form of a copay.”

Of course, there are some stipulations in this assertion. For example, shops should never imply or promise that the insurer is legally obligated to reimburse the consumer for the amount of a copay; however, despite the DOS’s claims to that effect, this allegation appears to be false, according to a letter addressed to DOS Director James P. Cassidy, Jr. and written by Attorney James A. Castleman, Esq. on behalf of the “Alliance,” to request that the DOS “issue an official clarification of the Notice, correcting facts

The Notice was issued prior to the DOS contacting the shop in question or any of the three insureds, essentially treating the insurers’ complaints as indisputable when, in fact, subsequent investigation conducted by Castleman and AASP/MA revealed that the shop accused of these “misrepresentations” actually adhered to all legal requirements as it relates to this situation:

The shop informed its customers in advance that it may charge more than the insurer would agree to pay and that, if that were the situation, the customer would be liable for the additional charges. Customers were made aware that nothing dictates that an insurer must pay all of the shop’s charges or that the customer is entitled to any specific amount of compensation from their insurer; although the shop suggested that the vehicle owners could request compensation from their insurers, they specifically clarified that there was no guarantee that the insurer reimburse them for the copayment.

Furthermore, “NONE of the insured customers involved in the three subject claims filed any complaint with the Division of Standards (or any other agency) regarding the shop’s conduct, and ALL appeared to have acknowledged that they understood the shop’s terms and that there was no guarantee that they would get paid the full amount of the shop’s charges from their insurer,” Castleman wrote.

Castleman’s letter also suggests that “it appears suspect to my

client that each of the three documents is essentially in the same format, even though there are three different insurers involved, which leads my client to wonder whether these three insurers may have agreed together to initiate some type of action against the repair shop.”

Ultimately, it appears that these insurance companies complained to the powers-that-be that shops are making them look bad by refusing to accept underpayment or perform substandard repairs to the vehicle owner’s detriment.

“Insurers have had to resort to this recent scare tactic because they are hearing from so many disgruntled and enraged vehicle owners on a daily basis,” suggested Papageorg. “And pressure from the ‘Alliance’ has caused insurers to pursue these additional actions and tactics which could very well blow up in their face.”

Castleman’s letter expresses concern that “multiple Massachusetts auto insurers are now quoting language in the Notice (even if sometimes out of context), to represent or imply to their insureds that certain conduct engaged in by collision repair facilities is illegal, when the particular conduct is, in fact, legal.” More specifically, insurers have interpreted a statement in the Notice that reads, “any suggestion by a Repair Shop to a customer or potential customer that an insurer will or must reimburse the customer for

that “an insurer often IS obligated to pay such additional amounts, but just does not do so until it is told by an arbitrator or a judge that it must pay[...] Your statement implies that, until they are challenged through legal process, insurers essentially are given carte blanche to pay whatever they want to pay (albeit within certain broad limits) when making a claim payment. Indeed, that is the way that multiple insurers appear to be interpreting your Notice.”

Most bizarrely, Castleman observed that the three aforementioned claims were all third-party property damage liability claims, which are “not governed by most of the statutes and regulations referenced in your Notice, nor by insurance policy language that could otherwise limit an insurer’s payment obligations. Rather, third party claims are governed by general

Charge Copays in Challenge to DOS

all or a part of the customer’s payment to the Repair Shop is not supported by Massachusetts law and may be a false or fraudulent statement” to mean that “they are never required by law to pay or reimburse any additional amounts for repair work.”

Contradicting this belief, Castleman stressed, “In direct contravention to the quoted statement in your Notice, the multiple legal avenues available to customers to challenge an insurers’ payment to them, as provided by various statutes, regulations, case law holdings and language of their auto insurance policy is testament to such a suggestion being supported by Massachusetts law.

“Further, not only are insurers sometimes required to pay such additional amounts, sometimes insurers are in violation of M.G.L., c. 176D §3(9), the so-called Unfair Claims Settlement Act, when they do not pay such additional amounts. And, I can attest from personal experience representing multiple repair shops and their customers, that sometimes insurers are found to be in violation of that statute, and insureds are awarded multiple damages and their attorneys’ fees when a Court determines that an insurer has failed to make such payments.”

In response to the Notice’s claim that “Absent a final decision from such dispute resolution [statutes and regulations referred to in the Notice], the insurer is not obligated to pay the amount either the claimant or the Repair Shop demands,” Castleman pointed out

common law tort principles, requiring insurers (by statute) to pay ‘all sums the insured shall become legally obligated to pay as damages because of injury to or destruction of property.’

“It is suggested that using third party claims as a basis for the statements in your Notice just does not make sense, either from a factual or legal perspective,” his letter continued, also noting that at least one of those three insurers were aware of their legal obligation to pay the additional charges as evidenced by the fact that they voluntarily paid those charges upon the claimant’s request.

Castleman closed with a request that the DOS officially issue clarification of the Notice to correct the misstated facts and clarify legal issues as described in the letter to Director Cassidy.

In response, Director Cassidy wrote, “The Division believes the content of the Notice is correct and does not believe any clarification is warranted.”

"I have been doing this a lot of years, and it has been rare that I have gotten this type of response ever, from any government agency,” Castleman told New England Automotive Report. “And, I stand by everything that was in my letter.”

Stay tuned to New England Automotive Report as AASP/MA continues to monitor this issue.

“It is quite clear that the DOS has been weaponized by the insurance industry against the collision industry."

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Bruce King Is Still Doing the Right Thing After All these Years

Massachusetts sure has its fair share of strong collision repair professionals who have led successful businesses and have also used their voices to help make the industry better. Many of them are fondly remembered for the impact they had on the industry but have long since moved on. Some are still out there, working behind the scenes or just enjoying retirement.

New England Automotive Report caught up with Bruce King, founder and former owner of King Collision Center Inc. (Pembroke and Plymouth), former ADALB member and consultant to see what life is like these days outside of the collision repair world.

It’s been nine years since Bruce King decided to step away from the collision repair business that bears his name and from the profession that – to this day – he still loves.

These days, he can most likely be found up at his lake house in Maine surrounded by his wife and their family. He is loving the time he gets to spend with the growing crew of young grandchildren, proudly wearing the title of “Grampy.” He also remains a friend and confidante to fellow repairers and won’t hesitate to pick up the phone if someone needs his ear or shoulder to cry on when it comes to daily battles in the bays.

“Retirement has given me the time and freedom to do the things I want to do,” shares Bruce, who turned his shops over to his son Chris King, who now owns and operates the King Collision Center locations. “I feel really good and healthy. Life is about family. This is my second marriage; my wife and I are now married 32 years. Between us, we have five adult children and 10 grandchildren.

“I have a three year old grandson who owns me,” he proudly chuckles as he shares a story about his youngest one. “I have so much fun with him. He is just perfect.”

To King, focusing on family is the right thing to do now.

In fact, doing the right thing has always been the fuel in his gas tank.

“I only know one way to operate. It’s worked very well for me. I’ve had a fabulous life. I still have a great life going on. I can look at myself in the mirror and know that I always, always did the right thing, and to me, that is more important than anything. I’m not a religious guy, but I have strong faith. I don’t want to get to the pearly gates and think I can’t get in because I didn’t put a radiator in Mrs. Lipshitz’s car or something.”

Fresh out of vo-tech school at 18, it didn’t take long before Bruce was helping to build an auto body business at a shop where his father was employed doing framework. While his father was away for a week on vacation, Bruce repaired a customer’s car in his absence. The owner of the shop was so impressed with the job he did, he gave him a few stalls to work out of. At the young age of 18, Bruce was already on his way. That business expanded into another building, and soon, he was running a body shop with a crew of five.

Recently, one of his grandchildren came to him for advice about going to college, which he fully encourages. He believes it’s not so much the education, but the

experience that will wind up being more educational. The way Bruce sees it is, “I got a college education but not a degree.”

After a few years working in the body shop, he left to pursue an opportunity as an insurance appraiser.

“I’d go into shops as an appraiser, and some guys would be surprised to see me as they knew me from meetings and were shocked to see me on the ‘other side.’ I saw it as going to school for four years. I made a decision to take the time and learn everything about the insurance side of things. What they cared about, what they didn’t care about…I figured I could work for them, and they can teach me how to honestly and ethically take their money using their rules, which would drive them out of their minds, and it did,” he admits. “I learned everything I could, and then I was ready to open my own shop.”

King Collision Center Inc. was born September 10, 1983. He shaped the business into what it is today – one of the top shops in its area, known for fixing cars properly and to OEM standards. Of course, for Bruce, doing the right thing by his customers and his employees was not only ethical but was a key in their success.

Bruce is proud of the steady diverse crew his shops have maintained over the years. “I’m proud that many of our employees are minorities. Good workers come in all kinds of different packages. People complain that it’s hard to find good help, but they may be looking right past good people without even realizing it. Interview, do your job, talk to people. Ask them what they want. I learned that the quickest way to get what I want from an employee is to give them what they want from me.”

Bruce is also proud that employees at his collision centers stay on for the long term. One employee has been there since shortly after he opened, and many others have 25 years under their belts.

Fixing cars isn’t just about repairing them; it’s about setting things right with the customer.

When it comes to his customers, he always saw repairs as being about more than fixing cars.

Bruce King with his son Chris

“Repairing cars is the byproduct. It’s about repairing people. It’s a traumatic experience for them. It’s an excruciating pain in the neck. Not one customer actually wants to be there, so they come to the plate with two strikes already. They are either pissed off or scared. They think the world is against them and you, by default, are a jerk too. My job was to talk them off the roof, so they don’t jump. The car is an inordinate object. You are thankful that no one got hurt. We repair their car and do so 100 percent right and give them a lifetime warranty on that work.”

Bruce spent a number of years lending his voice while serving on the Auto Damage Appraiser Licensing Board (ADALB), a time he really enjoyed. He believes that he is still the only person to hold the distinction of having resigned from the board. He did so to stand his ground following a move by the insurance side who launched an eleventh-hour change of their two representatives as an effort to steer a vote in their direction.

“The day I resigned, I got 13 phone calls from people urging me ‘don’t leave, we need you, you are the only voice of reason.’ One call came from a shop, and the other 12 were from the insurance industry. They at first thought I’d be the worst thing ever, but I had an open mind and I took my job seriously. I did the only thing I know how to do – the right thing.”

Another thing he did right was knowing when to step back and let his more than capable son, Chris, run the show at King Collision Center.

“Chris had it coming to him. He’s smart, and he knows what

he is doing. He had a family of his own at that point, and I wanted to get out of his way. I wanted my grandkids to have the life Chris had, with the opportunity to make more money.”

With this in mind, Bruce took his son to lunch and told him of his plans much to Chris’ surprise.

“I told him he wasn’t taking over because he was my son, but because he’s the best guy for the job. I never wanted to sell my shops or turn them over to some knucklehead. I told Chris that I was going home right after lunch, and I did! And I didn’t go back!”

In the years following that decision, Bruce spent time consulting. He worked closely with industry veteran Dave Luehr of Elite Body Shop Solutions for a number of years. “I loved doing the work I was doing with Dave. We had a lot of fun, but unfortunately the pandemic hit, so I told him to fire me and save the money as I didn’t do it for income, I did it for mental health. But he just wouldn’t fire me, so I quit,” Bruce laughs.

It always comes back to doing the right thing. It’s brought him to where he is today. Doing right by family.

“Where I am now is 100 percent about my family,” he boasts. “I have an awesome wife, children and grandchildren. My life is consumed by them. My job now is to mentor these kids into man and womanhood. I talk to them about what is right and what is wrong. What they should put up with and not. And if they get into trouble, they can just call Grampy.”

by Chasidy Rae Sisk

AASP/MA’s Lucky Papageorg Shares Dragon-Slaying Methods at

As a business owner or manager, the everyday challenges you encounter in your collision repair facility can sometimes seem insurmountable, but those dragons can be slain! A highlight at the NORTHEAST 2023 Automotive Services Show, held March 17-19 at the Meadowlands Exposition Center (MEC) in Secaucus, NJ, was a panel discussion on “Slaying the Dragon: Manageable Actions for Shop Success,” which featured AASP/MA Executive Director Lucky Papageorg along with Charles Bryant (AASP/NJ), Robert McDorman (Auto Claim Specialists), Ron Reichen (Precision Body & Paint Inc.) and Ken Miller (821 Collision; North Haledon, NJ), moderated by veteran journalist Joel Gausten.

The first dragon they tackled was the insurance industry as Gausten asked for insights from shops that have moved away from the DRP model. “Quite a few shops in New Jersey are no longer DRP, and I don’t know a single one that’s unhappy with that decision,” Bryant indicated, and Papageorg agreed that the situation is similar in Massachusetts:

“Shops getting off referral lists are finding that they can keep their customers by educating them. They’re no longer covering the cost of doing business right and allowing insurers to get away with refusing to reimburse them for it.”

When it comes to OEM certification, Gausten asked if shops are just giving up control of their businesses to a different entity, but Reichen suggested that certification is more about brand loyalty. “Vehicles have become so complex. We’re no longer a trade; we’re a skilled profession, and when you embrace that mindset, your entire organization has to reflect that.”

Cycle time always presents challenges, but according to Miller, today’s biggest delays are no longer caused by supply chain shortages. “Getting approvals from the insurers currently causes the biggest delays due to supplements and denials. Self-pays get through the process much quicker.”

Turning to the topic of consumer advocacy, McDorman emphasized the importance of helping consumers understand their rights and the reality of the policies they purchased: “The devil is always in the details. We take customers through the whole process because the more transparent we are, the better outcome we’ll have. Every customer who comes to us is mad and disappointed because they don’t know who to believe, but once we get involved, we’re able to break it down for them. My biggest advice to shops is: don’t be scared to talk to your customers about the issues you encounter because communication and transparency are key. We’re repair professionals and craftsmen who are responsible for people’s

lives. We should always educate. It’s not about rate; it’s about safety procedures and processes. Change is not easy, but the only way we can change is through persistent education and data.”

Looking to future dragons that the industry can anticipate down the road, panelists indicated that it’s time for shops to charge what they’re worth, even when that means billing copays to customers. “Change is difficult and hard to embrace,” AASP/ NJ President Jerry McNee acknowledged from the audience. “Fear prevents us from moving forward, but insurance companies rule with fear and intimidation. It’s tough to make these decisions when you’re on an island by yourself, and that’s why attending events like NORTHEAST is so imperative. Educate yourself and then you can educate the insurers. We have to learn and advance as an industry.”

“We encourage what we allow,” Reichen added. “If you don’t discipline a child’s bad behavior, you’re essentially encouraging it. Likewise, if you allow something to go on in your shop, you’re encouraging it to continue. The only way to get it to discontinue is if we stop allowing it!”

AASP/NJ is already working diligently on the plans for NORTHEAST 2024, scheduled to take place March 15-17, 2024 at the Meadowlands Exposition Center in Secaucus, NJ. Visit aaspnjnortheast.com for updates on next year’s event as they become available.

AASP/MA Executive Director Lucky Papageorg touts the benefits of consumer education during a NORTHEAST 2023 panel

“LKQ” and “OEM Recommended”

Every industry has its own “terms of art,” that is, words or phrases that have a precise, specialized meaning within a particular field or profession. The collision repair industry is no different.

Two particular issues that have generated controversy between repair shops and insurers over the past several years are what is meant by the term “like kind and quality” (or “LKQ”) and what is meant when an original equipment manufacturer “recommends” that particular procedures be used in the repair of a vehicle. It is important to know what these terms mean when repairing a vehicle – and when negotiating with an insurer – because knowing their meaning could mean the difference in making a quality repair, or it could even mean the difference between life or death for your customer.

LKQ Parts: When repairing a damaged vehicle, a repairer must know what type of parts should be used in making the repair. If a part cannot be repaired, then, by regulation in Massachusetts, an insurer generally is supposed to pay for “a rebuilt, aftermarket or used part of like kind and quality” to effectuate the repair.

But what does the term “like kind and quality” mean? Significantly, the same regulation says, “A part is of like kind and quality when it is of equal or better condition than the preaccident part.” So, unless a replacement part is at least as good as the original part, it is NOT of like kind and quality. A part that is almost as good does NOT meet the requirement of the regulation.

How many rebuilt, aftermarket or used parts can really meet that definition? It is suggested that many do not – no matter what an insurer tries to tell you. Perhaps if a part has been properly rebuilt, and if it is an OEM part from a vehicle of the same year, make and model of the damaged vehicle, then it may be as good as the part it is replacing, and it may meet the regulatory standard.

The same sometimes may be said of a used part. Is it an OEM part? Did it come from a car of the same (or later) year, make and model? Is it undamaged? Can it be used without being reconditioned? If so, it may meet the test.

But a part from an older model usually will not be of like kind and quality. A part in a different color that needs to be stripped and repainted is not of like kind and quality. A part from a car that has been driven many more miles or which has been subjected to more extreme driving conditions is likely not of like kind and quality. A part that needs to have a dent or a nick repaired is not of like kind and quality, nor is a part with a rust spot or some other defect, no matter how minor. If the car that you are repairing is in better condition – no matter how old it is – perhaps there is no available used part that is actually of like kind and quality to the part it is replacing.

It is also suggested that it would be extremely rare for an aftermarket part to meet the definition. To begin with, it can never be known if an aftermarket part truly can be equal to or better than an OEM part. Particularly with today’s cars, where almost every part that goes into a vehicle is engineered to protect the safety of the vehicle’s passengers, it is unlikely that an aftermarket part will

meet the standard of the regulation. Aftermarket parts may have a different weight, may be made of different materials, may be of a different thickness, may have a different tensile strength and may be manufactured using a very different process than the OEM part that it is replacing. These parts have never been safety tested in the way OEM parts have, and they were not the parts that the OEM engineers specified when they made their calculations as to how the part will react if the car is in an accident.

Even if a part is merely cosmetic (if that’s actually true of any of today’s parts), a replacement aftermarket part may not have quite the same appearance of the OEM part or may not wear the same way. And does an aftermarket part come with the same or a better warranty than an OEM part? Almost certainly not.

It is also important to recognize that the governing regulation does NOT allow for use of a rebuilt, used or aftermarket part under several specified exceptions to the general rule:

(i) If the operational safety of a vehicle may be impaired by the use of such a part, then it should not be used. Again, can you ever be sure that use of certain parts, particularly certain aftermarket parts, won’t make a car less safe? Will an aftermarket hood or fender react the same way in an accident? You won’t know unless the car actually is in a subsequent accident, and your customer could suffer horrific injuries or death if it doesn’t properly react.

(ii) If “the overall cost of repair” will be less if a new OEM part is used, then a rebuilt, used or aftermarket part should not be used. NOTE: It is not just the cost of the part itself; it is the OVERALL cost of repair! It does not matter if the part is free if its use will mean significant additional cost to make the repair.

How much will it actually cost to recondition a used part or to prepare an aftermarket part so that it will fit? How many more labor hours will need to be spent to get the part into shape for use in the repair? How much more in rental car costs will the insurer – or your customer – need to spend while you wait for a used part to arrive from the other side of the country? Does the replacement part need to be primed and repainted? How long will that take, and what will be the additional paint, materials and labor costs? And then, will the paint adhere as well as it would to a new OEM factory primed replacement part? Think long and hard about the true cost of using a part that an insurance appraiser specifies if it is not a new OEM part, and make sure that the insurance appraiser also understands what is involved.

(iii) If a car has been used for fewer than 20,000 miles, no matter how old it is, a new OEM part is supposed to be used in its repairs, unless the vehicle is otherwise in poor condition.

(iv) If a used, rebuilt or aftermarket part cannot be found after “reasonable and diligent efforts,” then a new OEM part should be used. AND, under the regulation, it is the insurer that needs to find that replacement part – not you. Additionally, never forget that, when the part comes in, it still must be equal to or better than the part it is replacing.

continued on pg. 38

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continued from pg. 34

The point is that the term “like kind and quality” has a particular meaning with regard to automotive collision repairs in Massachusetts, and it is important that collision repairers know what that meaning is. There are strict rules that must be followed for a part to truly be an LKQ part, and many rebuilt, used and aftermarket parts will not meet the standards set out in the governing regulation. Further, both repairers and insurers are bound by the applicable regulation and are in violation of the governing law if they do not follow it.

Do not be bullied by an insurance appraiser into using an LKQ part, unless the part truly is equal to or better than the part that it is replacing. Your customer has paid an insurance premium in order to bind their insurer’s contractual obligation to pay for legally required repairs, and that includes parts that are used in making those repairs. Do not allow insurers to ignore that contractual obligation to their insured.

OEM Recommended Repair Procedures: Today, every car manufacturer requires or recommends that certain procedures be followed when making particular repairs. Unfortunately, some insurers take the position that, if a manufacturer “recommends” a procedure, then it is not mandatory, and the insurer will refuse to pay for it. As an attorney, I am telling you – the professional auto damage repairer – that such a position is bull! If a manufacturer is recommending a procedure, then you damn well better follow it…and insurers should be paying for you to do so!

The problem is that, no matter what the insurers may be telling you, if you fail to perform an OEM-recommended procedure and the repair fails, or the vehicle reacts unsafely in an accident, then you likely will be legally on the hook for the consequences. A vehicle manufacturer’s recommendation legally may be viewed as an industry standard; and, as a professional repairer, you should be following that standard. You are assumed to be the expert, since your full-time job is repairing damaged cars, and you should be applying your expertise when you make repairs.

If a doctor negligently performs a medical procedure, or if a lawyer negligently does not follow the law or the procedures that they are supposed to follow, then they may be committing malpractice and may be liable for any monetary damages that flow from their actions. By the same token, if you do not follow recommended OEM procedures, then you may be found negligent in performing your job and may be committing repair malpractice, and therefore, you may be liable, resulting in monetary damages.

As previously discussed in this column, perhaps the most widely known case in the United States involving “repair malpractice” is Seebachan v. John Eagle Collision Center. In that case, a repair shop in Texas bonded a roof onto a vehicle, instead of spot welding it. As a result, when the vehicle was in a subsequent accident, the car did not perform as originally engineered; the gas tank ruptured and burst into flames, and the passengers in the vehicle were trapped inside where they suffered severe, life-altering injuries. A jury found the shop to have been negligent in how it performed the repairs, and the jury awarded the plaintiffs $42 million in damages.

For purposes of this article, it should be noted how one of the attorneys that defended John Eagle Collision Center characterized the issue in his firm’s online blog: “The roof panel of the 2010 Honda Fit was replaced with the use of 3M adhesive bonding instead of spot welds as had been recommended by the manufacturer Honda Motor” [emphasis added]. In other words, it was enough that Honda had recommended the procedure for the repair shop to be found negligent for how it performed repairs to the vehicle.

It is also instructive to note how the judge in the Seebachan case accurately defined the term “negligence” in his instructions to the jury: “’Negligence means the failure to use ordinary care, that is to say, failure to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.” You are an expert in the collision repair industry. If the manufacturer of a vehicle recommends that a particular procedure be used in making a repair, how could you ever claim that you were using “ordinary care” when making repairs if you did not follow those procedures?

Also, be aware that it does not matter whether an insurer is willing to pay for a recommended procedure. You are responsible for the work that you do and the consequences that follow, no matter what an insurer tells you or pays for. As a result, you should always make sure that you know what procedures a manufacturer is recommending for every repair that you make, and you should

continued on pg. 40

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continued from pg. 38

be following those procedures. By doing your due diligence and determining what the manufacturer is recommending, you also are arming yourself with the information needed to negotiate with the insurer paying for the repair and with your customer if necessary.

Conclusion

As a professional collision damage repairer, it is imperative that you know what certain terms of art used in the industry actually mean. Do not bend to insurer pressure to use an inferior part that is not truly LKQ, or to vary from OEM-recommended repair procedures. Protect your customer and yourself. Know what “like kind and quality” and “OEM-recommended procedures” legally mean in your industry. Then follow the law, not the whim of some insurance appraiser who is valuing claims costs savings over insurer contractual obligations and over their insured’s – your customer’s – safety. And always keep in mind that the insurance appraiser with whom you are dealing with is neither a collision damage repairer nor one of the OEM engineers who designed your customer’s car.

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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the consumers become more aware of who is really looking out for their best interests in the collision repair process. Sadly, their customers will learn the hard way, and hopefully not tragically, why it costs more for safe quality repairs. Shops who do not charge for and perform proper repairs open themselves up for lawsuits and may find themselves without insurance protection because they did NOT understand “avoidable liability.”

If you are unaware of these issues such as “avoidable liability,” you are ill-prepared to be fixing any vehicle, especially today’s highly technologically advanced vehicles. If you intend to continue to be in the collision repair industry and be successful, you must change your mindset now. If you are not supporting the only association educating consumers and collision repairers alike as a member of AASP/MA, NOW is the time to make a change and take a huge step in the right direction. Consider becoming a member of the “ALLIANCE,” and join the growing number of shops learning how to be fairly and properly compensated for the vital work and services we provide. Learn why, as a member of the “ALLIANCE,” you are NOT “the only one”!

If you want to learn more, check out aaspma.org or call me to learn more about the “ALLIANCE” and about how you could win a year’s free subscription to National AutoBody Research’s Billable Genie, a $1,200 value. If you are wondering what Billable Genie is, you need the “ALLIANCE” more than you know!

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