New England Automotive Report June 2018

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MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

PLUS: • MA/SkillsUSA Recap • CREF Career Fair in Marlborough

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We provide the highest level of customer-friendly service through our knowledgeable and helpful personnel!

WE WANT TO

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• We carry over $2,000,000 in collision & mechanical parts • Daily UPS shipping available

COLONIAL NISSAN 104 Mystic Avenue Medford, MA. 02155 Phone Number: 781-395-3025 FAX Number: 781-395-4863

COLONIAL HONDA OF DARTMOUTH 225 State Road (Rte. 6) Dartmouth, MA. 02747 Parts Direct: 508-997-2919 FAX Number: 508-730-6578

CITY SIDE SUBARU 790 Pleasant Street Belmont, MA. 02478 Phone Number: 617-826-5005 FAX Number: 617-489-0733

COLONIAL FORD 147 Samoset Street Plymouth, MA. 02360 Phone Number: 800-233-8109 FAX Number: 508-830-1658

NORTH END SUBARU 757 Chase Road (Rte. 13) Lunenburg, MA. 01462 Phone Number: 800-548-8887 FAX Number: 978-582-9843

COLONIAL CHRYSLER JEEP DODGE-RAM 24 Coolidge Street (Rte. 62) Hudson, MA. 01749 Phone Number: 978-568-8000 FAX Number: 978-562-1213

COLONIAL FORD OF MARLBOROUGH 428 Maple Street Marlborough, MA. 01752 Phone Number: 888-460-1125 FAX Number: 508-460-3464

COLONIAL SOUTH CHRYSLER JEEP DODGE-RAM 42 State Road (Rte. 6) Dartmouth, MA. 02747 Phone Number: 508-984-1900 FAX Number: 508-996-5801

• Servicing Massachusetts, Rhode Island and New Hampshire • We build our reputation on providing you the best SERVICE!!

COLONIAL BUICK - GMC 66 Galen Street Watertown, MA. 02472 Phone Number: 888-560-5337 FAX Number: 617-489-6875

NORTH END MAZDA 757 Chase Road Lunenburg, MA. 01462 Phone Number: 800-322-1241 FAX Number: 978-582-9841

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

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

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

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

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

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

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

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2018 MEMBERSHIP APPLICATION

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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

*** PLEASE TYPE OR PRINT LEGIBLY *** Primary Contact Name:

______________________________________________________________________________________________

Business Name: ______________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________ Street

City

State

Zip

Mailing Address ______________________________________________________________________________________________________ City

Street

Phone Number (

)____________________________________ Fax Number (

State

Zip

) __________________________________________

E-mail Address ________________________________________ Web Site Address ____________________________________________ MEMBERSHIP TYPE (check one) Collision Repair Shop

ACCOUNTS PAYABLE CONTACT: Name: __________________________________________________

Mechanical Repair Shop

Phone Number: __________________________________________

Both, Collision & Mechanical Repair Shops

Email: __________________________________________________

Vendor RS Number (if applicable) ________________________________

ANNUAL MEMBERSHIP DUES

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

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

$40/month

$115/quarter

$425/year - BEST VALUE!

Monthly & Quarterly Dues are Automatic Credit Card Transactions ONLY*

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

ADDITIONAL CONTACT FOR NEWSLETTERS AND LEGISLATIVE UPDATES

Check or Cash

Credit Card:

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PLEASE COMPLETE THIS MEMBERSHIP APPLICATION AND RETURN IT WITH PAYMENT TO AASP/MA OFFICE. P.O. Box 212 Marlborough, MA 01752 Phone: (617) 574-0741 | admin@aaspma.org As required by the U.S. Tax Code, AASP of Massachusetts, Inc. informs its members that 75% of the dues paid to the association are tax deductible. The remaining 25% is allocated to legislative activities and is not tax deductible.

New England Automotive Report June 2018 5

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June 2018 • Volume 16, No. 6

DEPARTMENTS PRESIDENT’S MESSAGE by Molly Brodeur

CONTENTS COVER STORY

by Joel Gausten

8 | Recommitting to Safety at the Spring Industry Meeting

LOCAL NEWS 13 | ADALB to Seek Insurer/Repairer Input on Proposed Advisory Rulings

20 | CREF Career Fair Draws Hundreds of Students

24 | Collision Repair & Refinishing Students Win Big at SkillsUSA LEGAL PERSPECTIVE by James Castleman, Esq. 40 | But I’ve Never Had a Problem Before…

ALSO THIS ISSUE 5 | AASP/MA MEMBERSHIP APPLICATION 10 | AASP/MA SPONSOR INFO 13 | I-CAR IN MASSACHUSSETTS 17 | 2018 AASP/MA ANNUAL GOLF OUTING INFO

28 | AASP/MA Explores “Everything OEM” 32 | 2018 Spring Industry Meeting Photo Recap 36 | Todd Tracy Brings Tough Love from Texas

46 | INDEX OF ADVERTISERS

New England Automotive Report June 2018 7

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PRESIDENT’S MESSAGE

Recommitting to Safety at the Spring Industry Meeting MOLLY BRODEUR

Attorney Todd Tracy recently brought his signature fiery, passionate presentation to our Spring Industry Meeting, providing our members with the ins and outs of his famous $42 million lawsuit. I’m sure our members were just as invested as I was in everything Todd had to share with us, and I hope everyone left with a ton of new information to bring back to their shops and things to improve upon moving forward.

Personally, I took away a lot from Todd’s presentation, and I was able to change things immediately in my shop after hearing him talk. One thing we’re already doing differently is the intake we do with customers when they drop off their vehicles. We’re getting a lot more specific – we’re asking who was in the car, where they were sitting and anything else that can help us get a clearer picture of the accident so we can properly repair these automobiles. We’ve been buckling down on making sure we’re not missing any safety-related items.

Something that really stuck with me in this regard was the functionality of seatbelts. A seatbelt is designed to extend only so far, and then it retracts. Once it’s done that one time, the nylon stretches. The next time, that passenger is going a lot further forward before the seatbelt retracts. The minutiae of that is pretty alarming!

I recently spent 15 minutes with a customer car-side and had him recreate the accident for me, and I am so glad I took the time to do that. The more we talked, he touched on so many things I initially never would’ve thought of. Taking those few extra minutes doing intake with a customer at the drop-off point will undoubtedly turn into saving lives. Taking those extra steps – examining the seat, the seatbelt, etc. – was one of my biggest takeaways from the Tracy presentation.

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Additionally, I’ve been working to stress the importance of a mindset change in my shop. We need to be viewing ourselves as vehicle safety experts! A lot of us often get caught up in being advocates – and we certainly are – but it’s also critical that we have a hyper-focus on our customers’ safety. We should be starting to implement processes in our shops to not miss anything.

For the last year – and longer for some other shops – we’ve focused a great deal on calibration and scanning. As important as those procedures are, we need to take things a step further. It’s more than just making sure you’ve calibrated the vehicle.

Calibrating the vehicle won’t tell you if the seatbelt has been stretched. You have to take that extra time and really get into the intricacies with your customers. Call them, ask them questions and don’t be afraid to make sure you have a total picture of what occurred in that loss so you can ensure their vehicle is in fact completely safe.

My goal – and I’m hoping it’s yours, too – is to really dig deep with customers and get that extra information. That’s what’s really going to take us to the next level as we look to become even more entrenched in performing the most accurate, safest repairs. Please read this month’s cover features for coverage of our Spring Industry Meeting.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA PRESIDENT MOLLY BRODEUR is the Chief Operating Officer of Al Brodeur's Auto Body in Marlborough, MA. She can be reached at (508) 485-1082 or molly@albrodeur.com.

G

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D

AU M TIVE AUT T TI TIV STAFF

AASP/MA EXECUTIVE COMMITTEE

PUBLISHER

CREATIVE DIRECTOR

Thomas Greco - thomas@grecopublishing.com

Lea Velocci - lea@grecopublishing.com

SALES DIRECTOR

EDITORIAL/CREATIVE COORDINATOR

Alicia Figurelli - alicia@grecopublishing.com

Kristen Dalli - kristen@grecopublishing.com

EDITORIAL DIRECTOR

PRODUCTION

Joel Gausten - joel@grecopublishing.com

Donna Greco - donna@grecopublishing.com

PRESIDENT Molly Brodeur VICE PRESIDENT Adam Ioakim SECRETARY Gary Cloutier

TREASURER Kevin Gallerani LEGISLATIVE CHAIR Peter Langone IMMEDIATE PAST PRESIDENT Paul Hendricks

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

COLLISION DIRECTOR Rob DelGallo

AASP/MA DIRECTORS www.grecopublishing.com New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2018 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

WWW.AASPMA.ORG

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

8 June 2018

New England Automotive Report

Matthew Ciaschini Alex Falzone Joshua Fuller

Kevin Kyes Frank Patterson Mike Penacho

AASP/MA ADMINISTRATIVE OFFICE Donna Wexler: AASP/MA Administrative Assistant P.O. Box 212 Marlborough, MA 01752 617-574-0741

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Corporate Sponsors

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BUY FROM YOUR AASP/MA SPONSORS 10 June 2018

For more information or to become a sponsor of AASP/MA please call (617) 574-0741 or email admin@aaspma.org.

New England Automotive Report

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[LOCAL] NEWS in Massachusetts June 6, 2018 Aluminum Exterior Panel Repair & Replacement Enterprise Rent-A-Car (Burlington) Hazardous Materials, Personal Safety & Refinish Safety Bay Path Regional Vocational Technical High School (Charlton) June 19, 2018 Advanced Steering & Suspension Systems Damage Analysis Upper Cape Cod Regional Technical School (Bourne) June 20, 2018 Adhesive Bonding Bay Path Regional Vocational Technical High School (Charlton)

For more information, visit i-car.com

ADALB to Seek Insurer/ Repairer Input on Proposed Advisory Rulings At its May 9 meeting at the Division of Insurance in Boston, the Auto Damage Appraiser Licensing Board (ADALB) voted 3-1 to send a letter to property/casualty insurance companies and representatives from the collision repair industry requesting their input on proposed Advisory Rulings that would require adherence to manufacturerrecommended repair procedures when certain parts of a vehicle have sustained damage that affects its safe operation.

ADALB members Gilbert Cox (chairman), Rick Starbard and Lyle Pare

The Board also voted to send a letter to Access General Insurance Adjusters, LLC, a company domiciled in Georgia and doing business as “Access” in Massachusetts, to express concerns over its practices. As discussed in recent issues of New England Automotive Report, Access is currently writing appraisals for claims in the Commonwealth without venturing into Massachusetts to view the vehicles in question.

Complete coverage of the May ADALB meeting is available in the Members Only section of aaspma.org.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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14 June 2018

New England Automotive Report

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16 June 2018

New England Automotive Report

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2018 AASP/MA ANNUAL GOLF OUTING

Wednesday, July 25, 2018 Blackstone National Golf Club

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Pricing:

Single Golfer: $150 Foursome: $600 Pair: $300 Dinner Only: $60

227 Putnam Hill Rd., Sutton, MA 01590 10am: Registration 11am: Shotgun Start 4pm: Dinner & Award Ceremony

(Pricing includes golf, cart and greens fees, lunch and dinner!)

*Collared shirts only. No regular or colored jeans.

No cutoff or short shorts. No metal spikes.

TO REGISTER, EMAIL admin@aaspma.org or CALL (617) 574-0741

SPONSORSHIP OPPORTUNITIES:

THAN KS TO OUR

SPON SORS !

HOLE SPONSORSHIPS: Hole in One Sponsor: $1,500 (1 Available) • Hole Sponsor: $200 (14 Remaining) COMPETITION HOLE SPONSORS: Closest to the Pin: $500 (1 Available) • Longest Drive: $500 (1 Available)

ADDITIONAL SPONSORSHIPS:

Tournament Sponsor: $2,500 (1 Available) Raffle Prize Sponsor: $1,500 (1 Available) Team Prize Sponsor: $1,000 (1 Available)

Lunch Sponsor: $500 (SOLD OUT) Dinner Sponsor: $500 (SOLD OUT)

EMAIL admin@aaspma.org or CALL (617) 574-0741 for sponsorship opportunities!

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WE KNOW WHAT YOU’RE THINKING. YOU WANT TO KNOW IF THE PART’S IN STOCK , HOW MUCH IT COSTS, AND WHEN IT’S GONNA GET THERE. We get it.

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Well, now you can. In addition to tools that can help you find and order the right VIN-based parts, now you can see if it’s in stock, schedule the delivery, even see your shop’s net price from your participating Toyota Dealer.* Now you’re thinking: “Cool!”

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©2014 Toyota Motor Sales, U.S.A., Inc.

For Toyota Genuine Parts please call one of these authorized local Toyota Dealers: Copeland Toyota 970 West Chestnut Street Brockton, MA 02301 Toll Free: 800-856-1172 Fax: 508-559-9264

wholesaleparts@copelandtoyota.com www.copelandtoyota.com/wholesaleparts

Prime Toyota of Boston 1605 VFW Parkway West Roxbury, MA 02132 PH: 617-469-1022 Fax: 617-469-8987 www.driveprime.com kmcisaac@driveprime.com

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New England Automotive Report

IRA Toyota of Manchester 33 Auto Center Road Manchester, NH 03103 Toll Free: 800-828-6076 Direct: 603-657-2410 Fax: 603-657-2419

Wellesley Toyota 216 Worcester Street Wellesley, MA 02481 PH: 800-734-0006 Direct: 781-237-4042 FAX: 781-237-3481

stirrell@iramotorgroup.com www.iramotorgroup.com

parts@wellesleytoyota.com www.wellesleytoyota.com

IRA Toyota Danvers 161 Andover Street Danvers, MA 01923 PH: 800-774-8411 ext.1 Direct: 978-739-8306 FAX: 978-739-8098 www.iramotorgroup.com

Bernardi Toyota 1626 Worcester Road Framingham, MA 01702 Parts Direct: 800-248-3033 FAX: 508-879-7895 www.bernarditoyota.com

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WE SUPPORT YOUR BUSINESS WITH ORIGINAL BMW REPLACEMENT PARTS. · Our BMW Parts Professionals know BMW vehicles better than anyone else. · Same day delivery on all in-stock parts, next day on non-stock items. · Fax or emailing your order will speed processing and delivery to your location.

BMW OF WARWICK 1515 Bald Hill Road, Warwick, RI 02866 Parts Direct at 401-824-2321 Fax 401-826-1204 ldisaia@penskeautomotive.com Hours: M-F: 8:00-5:00 Sat: 8:00-4:30 European model shown

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[LOCAL] NEWS

CREF Career Fair Draws Hundreds of Students On April 26, nearly 400 collision repair and automotive service students from 10 Massachusetts schools gathered at Assabet Valley Regional Technical High School in Marlborough for the Boston High School & College Transportation Career Fair. Hosted by the Collision Repair Education Foundation (CREF), the Career Fair allowed students to directly interact with industry participants from all facets of the automotive repair and service industries.

Speaking to New England Automotive Report from the school’s packed shop area, Assabet Valley Automotive Collision Technology Lead Instructor Ken Stukonis (who previously held the event in his department in 2016) was thrilled to see such a strong turnout.

“It’s huge! As auto collision instructors in the state, we’re trying to

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New England Automotive Report

Assabet Valley instructor Ken Stukonis with Melissa Marscin of the Collision Repair Education Foundation (CREF)

form a stronger bond between us all to work together. We’re offering a lot of job opportunities for kids.”

Sears of Marlborough took advantage of the Career Fair by informing students of the company’s special VOTECH program (sears.com/votech), which provides sizeable student discounts on select first-time tool and equipment

purchases, and offers additional student coupons throughout the year.

“The students seem super excited about the coupons we’re giving them, because they can use them right away [at] any Sears location,” shared Sears of Marlborough Store Manager Amanda Scanzillo. “[The Career Fair] is a really great event. We got to meet a lot of great

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schools, and the instructors seemed really excited about it, too.”

PPG was another major national name that made a commitment to participate in the Career Fair.

“We’re interested in the wellbeing of our industry,” explained PPG Territory Manager Rachel Skerry. “These young students coming through these programs will eventually be the technicians and estimators of our future. We want them to establish a relationship with our company early on so they feel comfortable working with us in the future. There was more interest from students at this year’s Career Fair than in the past about staying in the field, which was great to hear.”

Fuller Auto Body and Collision Center (Auburn), a longtime AASP/MA member, drew large crowds of students excited to check out the special drone video created by the 104-year-old enterprise to showcase its extensive sixacre, four-business operation.

“The video gives them an actual feel for what we do,” noted Business Development and Marketing Manager Kerri Cunningham. “Our business is a little bit different in that we are a lot larger and we offer a lot more than other shops out there, so we’re trying to portray that to them. A lot of students who saw the video said, ‘Oh, wow! That’s unique!’ They can see exactly what we do and where we’re located.”

In addition to having several Career Fair attendees ask her to schedule an inperson tour, Cunningham observed a high level of enthusiasm throughout the day.

“The student turnout this year was better than I’ve seen in the past. I think they are more attentive and have a thirst for what the industry can offer them.

Engaging these students is the key. If they stay focused on keeping their grades up, stay motivated and really apply themselves, the possibilities are endless for them.”

As a way to attract attention from attendees, Enterprise Rent-A-Car brought along a Tesla X 75D and a BMW i8. Naturally, these vehicles generated heavy traffic to the company’s booth.

Enterprise Group Vehicle Repair Manager Tom Amichetti was pleased to be able to connect with students and support the local industry.

“We depend on the referral business from body shops and dealerships, and we understand the struggle out there. There aren’t many new people getting into the business, and there are a lot of older techs retiring. We just want to support the business in any way we can.”

In addition to having service centers that employ mechanics across New England, Enterprise regularly sublets collision repair work to body shops. This opens the door to many opportunities for young repairers to use Enterprise as a conduit for establishing careers in the field.

“We have many body shops throughout the area that all our branches utilize,” Amichetti said.

Worcester-based shop owner Justin Forkuo (290 Auto Body) was happy to take time out of his workday to meet with some of the folks he might employ someday.

“I read about a year ago that the average technician’s age is somewhere

around 54. You need to get kids engaged.

This [event] helps bring a lot of people together for one common reason.

Anywhere I can join in with other groups to attract kids, I’m there.”

Founded in 1991, the Collision Repair Education Foundation is a not-for-profit organization dedicated to supporting collision repair educational programs, schools and students to create qualified, entry-level employees and connect them with an array of career opportunities.

More information is available at CollisionEducationFoundation.org.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[LOCAL] NEWS

Collision Repair & Refinishing Students Win Big at SkillsUSA Massachusetts boasts some of the most impressive collision repair and refinishing students in the country.

This fact was on display at the Blackstone Valley Regional Vocational Technical High School in Upton on April 27, when students from throughout the Commonwealth displayed their talents at the annual Massachusetts SkillsUSA Championships.

The young competitors were tested in a variety of areas including metal repair, bumper repair, welding, frame analysis, estimating, interviewing, tint color adjustments, masking, prepping/priming and color blend/clear.

Elyssa Rodriguez, a student at the Putnam Vocational Technical Academy, took home First Place in the Refinishing Technology category, followed by second place winner Anissa

Morris (Bristol-Plymouth Regional Technical School) and third place winner Zachary Maron (Blackstone Valley Regional Vocational Technical High School). Nicholas Hardy (Whittier Regional Vocational Technical High School) took home First Place in the Collision Repair Technology category and was followed by Second Place winner Domenic Schiavo (Blue Hills Regional Technical School) and Nicholas Delmonico (Upper Cape Cod Regional Technical School) in third place. Rodriguez and Hardy will move on to represent Massachusetts later this month at SkillsUSA’s 54th Annual National Leadership and Skills Conference in Louisville, KY. This year’s SkillsUSA industry volunteers included the following: Refinishing Technology – Ken Robbins (chairperson, BASF), Ashley Golden (BASF), Scott Attarian (Auto Body Supplies & Paint), Steve Vanderbeek (BASF) and Pat Carroll (Albert Kemperle, Inc.); Collision Repair Technology – Jim Marshall (chairperson, Marshall’s Auto Body), JR Force (Repairs Unlimited), Bob Levy (Don Kennett Auto Body Supplies), Seth Elie (Acme Collision), Tim Flynn (Thomas Waldron Auto Body CARSTAR), Ryan Sarsfield (MAPFRE Insurance) and Molly Brodeur (Al Brodeur’s Auto Body). Supplies were donated by

Bottom right: Prior to the start of this year’s SkillsUSA, former volunteer Tom Ricci (left) was honored for his years of service. Pictured left: AASP/MA President Molly Brodeur with MA SkillsUSA Refinishing Technology Chairperson Ken Robbins (BASF)

Some of the industry volunteers who made this year’s SkillsUSA possible.

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New England Automotive Report

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Wheel Collision Center

Excellence in Wheel Sales and Repair

Patent assures

100% WHEEL INTEGRITY BASF, Don Kennett Auto Body Supplies, Keystone and 3M. Prior to the start of the Championships, former Collision Repair Technology Chairperson Tom Ricci was honored by SkillsUSA for his many years of dedication to the program. Current Chairperson Jim Marshall was quick to share his admiration and respect for all that Ricci did to push SkillsUSA forward.

“Whether he was a Board member for AASP/MA or the Central Massachusetts Auto Rebuilders Association [CMARA], he has been an integral part of our industry for over 20 years. He’s just been an icon in the industry; training, professionalism and ethics all play a role in what’s he’s done for us.”

For more information on SkillsUSA, visit skillsusa.com.

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New England Automotive Report June 2018 27

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[COVER] STORY by Joel Gausten

AASP/MA Explores “Everything OEM”

The need for certified repair facilities in the collision repair industry is growing,

but does your shop have what it takes to make the grade?

To help answer this crucial question, AASP/MA presented a special “Everything OEM” panel and open forum with various OEM, marketing and verification professionals for its first membership event of 2018. Held May 2 at the Doubletree Hotel in Westborough and moderated by AASP/MA President Molly Brodeur and Vice President Adam Ioakim, the sold-out discussion kicked off the association’s Spring Industry Meeting, and offered intriguing insights into how repairers can navigate through a complex and changing marketplace.

Panelist Shawn McAndrews (American Honda Motor Co.) explained how his company’s ProFirst Certified body shop program aims to provide opportunities for exceptional shops that have made a commitment to repairing Honda and Acura vehicles using manufacturer-appropriate procedures.

“It’s making yourself recognized as an elite shop over the rest of the industry

that’s out there. It shows that you’ve got the proper training and tooling to fix cars correctly.”

ProFirst certification allows participating facilities to have access to a variety of brand-specific repair procedures and position statements.

McAndrews views the utilization of this material as a necessity in guaranteeing a safe and proper repair.

“I know a lot of shops utilize ALLDATA and stuff like that, but that stuff’s not updated as regularly as the Honda information. If you’re not a ProFirst certified shop, you do still have the ability to access that information; you could pay to obtain [it] on a regular basis.”

Nissan/Infiniti’s Joe Belliveau explained that the automaker currently provides certified shops access to all technical information going back 10 model years, with Assured Performance Network handling oversight of the program.

“We want the correct repair with the most usage of OE parts as possible and to make you stand above the rest of the shops that aren’t certified,” he offered.

John Eck of General Motors, whose company announced its new collision repair network certification program at the recent NORTHEAST® Automotive Services Show in New Jersey, opined that shops should never take their involvement in any certification program lightly.

“When you look at what we’ve said we’re going to launch, it’s about a safe, proper repair. We spend years developing, designing, engineering, testing and validating that systems work together for the safety of the vehicle. In order to join an OEM program, you need to make sure that’s part of your shop’s DNA.” Eck noted that GM’s new program will utilize OnStar in reaching customers at the first notice of loss (FNOL).

“Were going to leverage OnStar to help educate and support the customer at

Allan Smith (I-CAR)

Bill Enross (cPrax Internet Marketing)

Bill Romaniello (VeriFacts Automotive)

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John Eck (General Motors)

Joe Belliveau (Nissan/Infiniti)

Shawn McAndrews (American Honda Motor Co.)

the time they’re involved in an accident.

At FNOL, we’re there onsite.”

With training a major component of any certified program, I-CAR is playing a critical role in facilitating the continued success of shops in the field. All vehicle manufacturers require either Gold Class or Road to Gold designations, which I-CAR’s Allan Smith stressed are both rooted in adherence to OEM-recommended or required procedures.

“A guy called me this morning [and asked], ‘What’s Honda’s position on fixing the Accord?’ I said, ‘What’s Honda say?

Did you go to the I-CAR website and take a look at all the information that’s available?’”

Equipment plays an equally important role in a shop’s ability to reach certification status.

“If you don’t have the proper equipment, then you’re not doing the proper repairs,” McAndrews said. “If anything ever happens down the road, it’s on your shoulders.”

Bill Romaniello of VeriFacts Automotive (which performs third-party inspections for Honda and other entities) advised attendees to research which vehicles are most prevalent in their market before investing time and resources in partnering with an OEM. “There’s going to be a sizeable investment so you can get up to speed with any of the programs. We always recommend that you know what your customer base is.”

Additionally, he observed that today’s programs are not simple “pay-to-play” platforms that certify a shop just because they have a computer, a spray booth and a decent frame machine.

“The programs that we’re involved with are quite a bit more intense than that. What we really do is validate output… We actually look at the work that you’re doing.”

Although certification is an attractive opportunity for many, McAndrews

cautioned that the door will not be open to everyone. For example, there is a “waiting list” for new ProFirst shops unless there is “a proven need in an area.”

Nissan/Infiniti has a similar stance at the present time.

“We don’t want to inundate the market and have two guys who are Nissan-certified on the same street,” Belliveau said. “Right now, there is a sixto 10-mile buffer. That doesn’t apply to a dealer-owned shop; we will always certify [those] before an independent.”

General Motors is taking a different approach to the number of shops it welcomes on its program, but not for the reasons one might think.

“We’re not looking at capping at this point, simply because we know the bar is going to keep moving so high that there’s not enough shops right now that are going to qualify to meet where we really want to get. It’s going to be a struggle for the market to keep up with the technology.”

Of course, there is little benefit to being a certified shop if nobody knows you have achieved this level. Panelist Bill Enross (cPrax Internet Marketing) recommended a host of options for spreading the word about certified services. These included utilizing OEMprovided assets, advertising the designation on the back of business cards, having individual pages on a shop’s website for each of its programs, having digital signage in the front office, promoting via Facebook and giving customers laminated documents in Word or PDF formats that explain the value of certification.

“It seems like nobody really likes to spend money on marketing, but you really need to let people know. Educating your consumer, your local clients, your neighborhood and your market is where you want to be about certifications.”

Above all, the panel discussion made it clear that certification will drive the future of the collision repair industry. In

addition to predicting the rise of “brandspecific body shops in the near future,” McAndrews cited the recent legal case against John Eagle Collision in Texas as a powerful example of why shops need to ensure the quality of the work performed in their bays.

“As bad as [the case] was for the people who were involved in that, I think a lot of good is going to come from it [in] our industry as a whole [with] shops realizing that they’re responsible for repairs. It’s huge, because now the insurance companies aren’t going to have as much of a hold on dictating to you how you’re going to repair those vehicles. In my opinion, shops and the OEMs are going to start working more closely together because of the responsibility that falls on your shoulders – especially if you’re a certified shop.”

In Romaniello’s mind, there is no longer any reason or excuse for a shop to not research, document and properly perform every job that comes through its doors.

“Thirty years ago, if you pulled into your service station or body shop and asked the guy to come out and take a look at your car and see what’s wrong with it, and he said, ‘I’ve got to go look in the computer or the book first,’ you would have gotten in your car and taken off.

Now, if they don’t, you should get in your car and take off!”

AASP/MA would like to thank the following sponsors for making the Spring Industry Meeting possible: Diamond Sponsor – Hoffman Auto Group; Platinum Sponsors – Collision Design Center, Enterprise Rent-A-Car, PPG, New Auto & Truck Recyclers and Spray Booth Services and Equipment Sales; Gold Sponsors – BASF, Kelly Automotive Group and Long Automotive.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[COVER] STORY by Joel Gausten

2018 AASP/MA Spring Industry Meeting Westborough, MA May 2, 2018

Vendors from throughout the industry came out to support AASP/MA's ďŹ rst member event of 2018.

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[COVER] STORY by Joel Gausten

Todd Tracy Brings Tough Love from Texas When Texas-based attorney Todd Tracy scored a $42 million win in a case involving a body shop in Dallas that performed improper repairs that permanently injured two of his clients, he instantly became one of the most sought-after (and, if you’re cutting corners in your shop, most feared) speakers in the country. On May 2, he arrived at the Doubletree Hotel in Westborough to deliver his trademark no-nonsense, unfiltered remarks to members of AASP/MA. During “Anatomy of a Crisis: Getting Vehicle Safety Professionals Refocused on Fighting the Insurance Industry,” Tracy detailed his findings in the collision field and called for repairers to stand up for themselves against the influence of third parties that put profits before safety.

Before getting into the heart of his presentation, Tracy suggested that it is time to do away with phrases like “auto repairer” and “body shop.” In his mind, today’s repairers are “vehicle safety professionals” who work in “vehicle crash labs” that provide OEM-specified work for customers. Tracy believes that in order to truly achieve this designation, vehicle safety professionals need to stop bowing down to pressures from the insurance industry to do everything from use aftermarket parts to accept short-pays.

“I firmly believe that it’s time to get the insurance companies out of your vehicle repair labs, because they’re jeopardizing your customers’ lives…These insurance companies refuse to let you do your jobs because they hold the money and they make you choose between who survives – your company or your customer.”

Tracy envisions vehicle safety labs as professional facilities that strictly adhere to OEM parts and methods, and go a step beyond in getting as many details about a crash as possible before performing a repair.

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Attorney Todd Tracy offered an “Anatomy of a Crisis.”

Ken Stukonis (Assabet Valley Regional Technical High School) was presented with the Vocational Instructor of the Year Award by AASP/MA President Molly Brodeur at the 2018 Spring Industry Meeting.

Rick Starbard (right) received the AASP/MA President's Award at the 2018 Spring Industry Meeting in recognition of his many years of service to the AASP/MA Board of Directors and the collision repair industry.

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“Every one of your vehicle repair labs should always ask questions about the crash so that your vehicle safety professionals know what needs to be evaluated for replacement. You better understand how the crashes are taking place for you to do your jobs.”

When a customer arrives at a vehicle safety lab, they should be asked about who was in the automobile at the time of the crash, what seating position they were in, how tall they were and how much they weighed. These are some of the investigative tools safety professionals can use to better determine the extent of the damage involved and identify hidden dangers that might otherwise go ignored.

“Vehicle safety professionals must always think outside the box and check for damage in areas that may not be so obvious when you’re conducting repair estimates.”

As an example of a repair procedure that sometimes falls through the cracks, Tracy cautioned that seatbelts that are not replaced could result in severe injuries in a subsequent collision.

“Seatbelt webbing is only good for

one crash, because [the crash] stretched it to its maximum capability… When [we] load that seatbelt, everything’s going forward even though [we’re] restrained, because we’re stretching the webbing.

“The seatbelt buckles are good for one crash and one crash only…The OEMs tell you in your owner’s manual, ‘You have to replace the seatbelts.’ Of course, the seatbelts are going to include the webbing, the D-ring, the anchor and the retractor. It will not include the buckle; you have to take that out separately.”

On the subject of aftermarket parts, the attorney held nothing back in voicing his views.

“When aftermarket suppliers say, ‘Our product is just as safe as the OEM part,’ you guys know they’re not.”

Tracy suggested that a simple megapascal testing tool could go a long way in settling an OEM-versusaftermarket debate.

“It’s about $200, and you just stick it on there and you can find out what the steel rating is. I guarantee you when you start testing OEM versus aftermarket parts, the megapascal ratings are going to drop by 90 percent.

“Insurance companies that bully vehicle repair labs [to do] improper repairs cause you to violate your industry and individual companies’ mission statements. I believe that.”

With a $42 million verdict now in the books, it’s only a matter of time before others from the legal world take a closer look at repaired vehicles leaving facilities across the country. Tracy made it clear that AASP/MA members have no choice but to follow the OEMs, stand up for the integrity of their work, push back against outside forces and do all they can to keep their customers safe.

“You don’t get the luxury of having a bad day at work… When you guys don’t follow the rules, people die… When you do your job right, families make it home.”

An extensive interview with Todd Tracy appeared in our March 2018 issue.

Coverage of the case that led to the $42 million verdict is available in our November 2017 and December 2017 issues. These and other back issues are available free online at grecopublishing.com.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[LEGAL] PERSPECTIVE

by James A. Castleman, Esq.

But I’ve Never Had a Problem Before...

When I get calls from collision repair shop owners who have run into problems with customers or insurers and are facing the possibility of not getting paid for their work, the first question that I ask is whether the shops have followed proper legal procedures relating to their problem.

Have they correctly obtained their customer’s authority for the repair work?

Did they give required notice of their storage policy and charges? Did they dot their I’s and cross their T’s when requesting a supplement?

In the majority of cases, they have not followed the letter of the law, which makes my job much harder and which often also means that they are not going to get paid.

When I ask why they didn’t do what was required, the answer I usually get is, “I’ve always done it this way, but I’ve never had a problem before.” Well, they certainly have a problem now.

It may be an expensive lesson for shop owners to learn, but usually not to the extent that they cannot absorb it and move on. However, based on a recent report in Massachusetts Lawyers Weekly, the consequence for one tow carrier not following the letter of the law has turned out to be an excruciatingly expensive lesson, and one that may be quite difficult to absorb. If you think something like this could not happen to a collision repair shop, then think again.

THE TOW CASE Department of Public Utilities regulations set fixed rates for tow carriers that perform “involuntary” tows, i.e., police-ordered tows and tows of vehicles that are trespassing on private property.

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drive to get to the vehicle being towed and how far the carrier then has to tow it usually, but not always, a round trip to and from the carrier’s garage. Base tow rate charges include five miles of towing and additional distances are charged on a per mile basis. Under the regulation, in order to justify its proper tow charge, “The carrier shall establish the mileage from the Service Vehicle odometer and shall include the odometer readings on the tow slip.”

[Emphasis added.]

According to the Lawyers Weekly report of the case, Todisco Towing performed a “trespass” tow of a car that was illegally parked in a private parking lot. As one may imagine, the vehicle owner was quite displeased when he came back to find his car missing and then had to track it down and fork over a $169 charge that he could not understand in order to retrieve it. The car owner was so angry that he decided to sue the tow company.

As it turns out, Todisco had not recorded the mileage on their tow slip, in violation of the governing regulation. The vehicle owner brought suit against the carrier, claiming that because the mileage had not been recorded, the tow charges were illegal. The suit included claims for fraud, misrepresentation, unjust enrichment and violation of Chapter 93A of the General Laws, the Massachusetts Consumer Protection Act. The owner sought reimbursement of the charges paid, as well as treble damages and attorney fees under Chapter 93A. To make matters worse - much worse - as the case progressed, the plaintiff also sought to have the case treated as a class action lawsuit on behalf of all vehicle owners who had their cars involuntarily towed by Todisco, which apparently was thousands.

Realizing the potential exposure early on in the case, Todisco voluntarily tendered a check to the car owner for three times the tow bill and then claimed that the plaintiff’s case had become moot, i.e., that the lawsuit should be over. That is when the plaintiff became creative and brought a Motion to certify a class of all vehicle owners who had their cars involuntarily towed by Todisco and brought them into the suit. Todisco’s lawyers opposed the Motion, arguing that the vehicle owner had been made whole by the tendered payment, and that this was not the type of case that leant itself to being a class action suit. After all, each owner of a towed vehicle would have a claim for a different amount of money, and some of the members of the class would have paid for tows that were less than five miles, meaning there would have been no need to record the mileage for those tows.

The matter reported in Lawyers Weekly was the decision by the trial court judge on the plaintiff’s Motion for class certification. The decision gave Todisco some good news, but mostly bad news. The good news was that the judge limited the allowed members of the class of plaintiffs to trespass tow vehicle owners, throwing out all police ordered tows from the class.

The bad news was that the judge did not buy Todisco’s attorneys’ arguments that the case was moot because of the payment by the tow company and did not buy other arguments that would have disallowed the class action. Additionally, there were still thousands of trespass tow car owners left in the class of plaintiffs.

It is unclear what the final result of this suit will be. What is clear, however, is that Todisco has already paid their attorneys tens of thousands of dollars in

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It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit. Honda collision repair parts are engineered and manufactured to Honda standards.

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Lia Honda of Northampton 293 King Street Northampton, MA 01060 Toll Free: 800-369-7889 Direct: 1-413-586-6043 FAX: 1-413-585-0502 www.liahondanorthampton.com

Honda North 382 Newbury Street Danvers, MA 01923 Toll Free: 800-882-9797 FAX: 978-774-9483 e-mail: eadams@iclautos.com www.hondanorth.com

Kelly Honda 540 Lynnway Rt. 1A Lynn, MA 01905 Parts Direct: 800-779-7466 FAX: 781-595-2898 e-mail: mpsomosjr@kellyauto.com

Honda of Enfield 20 Palomba Drive Enfield, CT 06082 Toll Free: 800-222-6632 FAX: 860-253-5419 www.liahondaofenfield.com

Schaller Honda 1 Veterans Drive New Britain, CT 06051 Toll Free: 800-382-4525 Direct: 860-826-2080 FAX: 860-826-2083 e-mail: jkiniry@schallerauto.com www.schallerauto.com

Lundgren Honda of Auburn 525 Washington Street Auburn, MA 01501 Toll Free: 800-777-2044 FAX: 508-721-0872 e-mail:pmccarthy@lhonda.com www.lhonda.com

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[LEGAL] PERSPECTIVE legal fees (unofficially reported to me and unconfirmed by me at around $90,000), and the case is actually still in its early stages. Even if Todisco wins the case, or if the judge’s decision regarding the class action is overturned on appeal, the tow carrier is looking at legal fees of probably hundreds of thousands of dollars. And if Todisco loses and a class action judgment is rendered against them, I cannot even guess what their total costs will be.

That’s quite a penalty for failing to record mileage on a tow slip for a $169 tow.

WHAT THE DECISION MEANS FOR YOU For collision repair shops, the lesson is: Follow the laws that apply to your business, and don’t continue to do things improperly just because you always have, even if you have never had a problem before. To do so could cost you a lot of money, or even bankrupt you.

I have covered many of the important legal requirements that you should be aware of in various prior articles in New England Automotive Report and in other industry publications, and it is not the purpose of this article to go through them in detail.

However, you should be aware of all the laws that govern operation of your business, including (but not limited to) the following: The Attorney General’s Auto Repair Regulations 940 CMR 5.05. If you have not previously read them in full, download these regulations from the Massachusetts Attorney General’s website and read them carefully. They apply to almost every repair job that you perform, and failure to follow them is a per se violation of the Consumer Protection Act. They include, among other things: requirements for what information you must record on your initial repair order; properly getting your customer’s (not their insurer’s) authority for all repairs that you perform, including your charges for repairs; advance notices that you must give your customers regarding your storage charges, their rights regarding replaced parts and any charge that you make for estimates; what you must do to remedy defective repairs; what must be on your final repair bill; and for what purposes you can use your customer’s car.

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The Motor Vehicle Damage Repair Shop statute, General Laws, Chapter 100A. A violation of this statue is also a per se violation of the Consumer Protection Act. Hopefully, you are registered with the Division of Standards if you are repairing damaged motor vehicles for compensation. Additionally, you should be doing the following: Properly displaying your certificate of registration in your shop Putting your RS number on all advertising Not charging a different rate based on the presence or absence of insurance to cover the cost of repair Keeping records as required by the statute and otherwise complying with the requirements of the statute Auto Damage Appraiser Licensing Laws, General Laws Chapter 26 §8G and 212 CMR 2.00. If you have not read the statute and the regulations, or have not read them in a while, please read them now. Do you have a licensed appraiser in your employ? Do your appraisers properly write appraisals and include what is required on them? (The regulation goes on at length in this regard.) Do your appraisers carry their licenses on their person and display them if requested to do so? Do your appraisers attempt to agree on the cost of repairs with insurance appraisers? Do they prepare their own appraisals for purposes of negotiation when they request a supplement? Do they follow the Registry of Motor Vehicles regulations regarding removal of inspection stickers when a vehicle is damaged so that it may no longer meet safety or emission inspection standards? Failure to do any of these things can result in suspension of an appraiser’s license and assessment of penalties as determined by the Auto Damage Appraiser Licensing Board (ADALB).

CONCLUSION If you have chosen to be in the auto body repair business, then you should be cognizant of the laws that govern you, and you should be complying with those laws. To do otherwise could be disastrous, even if you have never had a problem before.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Ford and Lincoln Mercury dealers are the one-stop source for all of your collision repair needs.

When you need fascias, grilles, headlamps, wheels or any other Ford Motor Company Genuine Part, call your local wholesaling dealership. They’re a great souce for technical and repair information as well. Using Genuine Parts can help your body shop reduce cycle time, improve relationships with insurance companies and satisfy customers. So get everything you need in just one call to your one-stop collision repair resource – your local Ford or Lincoln Mercury Dealership.

Contact these Ford or Lincoln Mercury dealers for all your parts needs: Imperial Ford 6 Uxbridge Road Mendon, MA 01756 Toll Free Parts: 877-272-0332 Toll Free Fax: 877-800-6316 E-mail: johnl@imperialcars.com First Time Customers call John

Sarat Ford Lincoln Mercury 245 Springfield Street Agawam, MA 01001 413-786-0430 Fax: 413-789-3715 www.saratford.com

Sentry Ford Lincoln 4100 Mystic Valley Parkway Medford, MA 02155 Parts: 617-506-6309 Fax: 781-874-9934 E-mail: pnewell@sentryautogroup.com

© 2018, Ford Motor Company

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Ira Toyota of Danvers ..............................12 Kelly Automotive Group ........................IBC Kia Group ..............................................34 Linder’s, Inc. ........................................46

ADVERTISER’S INDEX Accudraft Paint Booths ........................OBC Audi Group ............................................38 Audi Shrewsbury ....................................43 Axalta Coating Systems ............................6 Best Chevrolet/Best CDJR ......................IFC BMW Group..............................................14-15 BMW/Mini of Warwick ............................19 Colonial Auto Group..................................4 Empire Auto Parts....................................21 Enterprise ..............................................30 First Chrysler-Dodge-Jeep-Ram ..............37

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

First Ford ..............................................37 First Hyundai..........................................37 Ford Group ............................................45 Honda Group ..........................................41 Hyundai Group ......................................31 Imperial Ford..........................................45 Ira Subaru ..............................................13

Long Automotive Group ............................9 Mazda Group ..........................................16 McGovern Chrysler Jeep Dodge Ram..........25 Mercedes-Benz of Shrewsbury ................43 Mopar Group ..........................................26 Nissan Group ..........................................27 Pinnacle Collision Repair Equipment ........39 Polyvance ..............................................44 PPG ........................................................3 Robertsons GMC Truck ............................30 Sarat Ford Lincoln ..................................44 Sentry Group ..........................................23 Subaru Group ........................................35 Tasca Group ............................................11 Toyota Group ..........................................18 Volvo Group............................................22 VW Group ..............................................33 Wagner BMW of Shrewsbury ....................43 Wagner Kia of Shrewsbury ......................43 Wellesley Toyota/Scion ............................44 Wheel Collision Center ............................25

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