New England Automotive Report June 2021

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New England Automotive Report

June 2021 • Volume 19, No. 6

DEPARTMENTS

CONTENTS FEATURE

VICE PRESIDENT'S MESSAGE

by Matthew Ciaschini 6 | We're the Only Ones EXECUTIVE DIRECTOR’S MESSAGE

by Evangelos “Lucky” Papageorg 8 | Shops and Insurers: An Incompatible Relationship LOCAL NEWS 12 | Remembering Industry Legend Joe Valarioti 14 | Celebrating Students: SkillsUSA Returns to Massachusetts AASP/MA MEMBER SPOTLIGHT

by Alana Bonillo 16 | Marblehead Collision/Swampscott Collision VENDOR AFFINITY PROGRAM MEMBER SPOTLIGHT

by Alana Bonillo 24 | Sherwin-Williams

20 | Relief from Fees: Overcoming the Credit Card Crunch

by Joel Gausten

COVER STORY

LEGAL PERSPECTIVE

by James A. Castleman, Esq. 32 | It's the Law! JUST FOR FUN 40 | How Much is Too Much? Some of the World's Most Expensive Vehicles

ALSO THIS ISSUE 7 | AASP/MA MEMBER APPLICATION 25 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS

28 | Real Numbers, Real Progress: An Update on MA Rate Data

by Joel Gausten

New England Automotive Report

June 2021 5

VICE PRESIDENT’S MESSAGE

We’re the Only Ones MATTHEW CIASCHINI

We’ve all heard insurance appraisers tell us, “You’re the only ones who ask for that!” Well, we’re the only ones fighting for you! AASP/MA supports all repair shops in our state and the collision industry as a whole. We also support all shop owners and their individual business decisions. At the same time, we bring to light the problems that some of those business decisions can create for shops and the entire industry. Part of the problem in the collision industry is brought on by some of the insurer programs in the Commonwealth, which directly cause the suppressed consumer reimbursement rate. We support all shop owners and their personal business decisions in our state, but I have to bring some reality to you all about what these programs cause.

Recently, a letter was circulated by an insurer in Massachusetts to its customers and third-party claimants who put in a claim on a vehicle. The letter basically states that the company writes estimates at $40 per hour – which is all it will cover. The letter goes on to explain that the highlighted shops on its list have agreed to accept that rate and that “they” (the insurer) guarantee the repair by these highlighted facilities. There is nothing illegal about this letter, but it skates on a very fine line of what could be considered steering. If you are a shop outside of their “highlighted” group, it may be very difficult for you to get out in front of this letter with a potential customer, as it is given at the time of original appraisal. Furthermore, it blatantly displays the root of the low reimbursement rate in Massachusetts

STAFF

AASP/MA EXECUTIVE COMMITTEE

PUBLISHER

President Kevin Gallerani

SALES DIRECTOR

AASP/MA STATEWIDE DIRECTORS

EDITORIAL DIRECTOR

Director At-Large Adam Ioakim

Thomas Greco | thomas@grecopublishing.com

Alicia Figurelli | alicia@grecopublishing.com

Joel Gausten | joel@grecopublishing.com

EDITORIAL/CREATIVE COORDINATOR Alana Bonillo | alana@grecopublishing.com

OFFICE MANAGER

Donna Greco | donna@grecopublishing.com

PRODUCTION COORDINATOR

AASP/MA DIRECTORS

and why it continues to stay the lowest in the country. Also, this is why the insurers in our state will not raise the consumer reimbursement rate on their own. This letter displays the suppression of the consumer reimbursement rate by insurers and their programs. Why would a consumer choose a shop outside of the highlighted group if they may be charged for things that fall outside of the insurer’s reimbursement? Does that seem like a free market to you?

The Board members of AASP/MA (and members in general) have been working tirelessly on this matter by meeting with our state legislators on a bill that can hopefully rectify our problem of having the lowest reimbursement rate nationwide. House Bill 1111 proposes to raise the consumer reimbursement rate to what it should be if it had kept up with inflation since 1988.

This isn’t a shop issue; it is a consumer issue. This is because approximately 50 percent of all auto claims statewide are never repaired at a licensed facility; therefore, when the claimant/ consumer decides to keep the money and not repair their vehicle, they are being grossly under-reimbursed. If House Bill 1111 were to pass, those consumers would be fairly reimbursed for their loss. At the same time, those who do decide to fix their vehicle would also then be reimbursed fairly. At a minimum, it would be based upon what the rate of repair should be if it had kept up with the Consumer Price Index in the Northeast. continued on pg. 24

Vice President Matthew Ciaschini

Treasurer Dana Snowdale

Legislative Director At-Large Tom Ricci

ZONE 1 Mike Penacho Dan Wenzel John Studer

ZONE 2 Ray Belsito Joshua Fuller Brenda Lacaire

Affiliate Director Rick Fleming

Affiliate Director Bill Spellane

ZONE 3 Andrew Potter Brian Stone Phil Morin

Secretary Gary Cloutier

Collision Director At-Large Rob DelGallo ZONE 4 Kevin Kyes Jim Marshall Paul Tuscano

Joe Greco | joe@grecopublishing.com

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

AASP/MA ADMINISTRATIVE OFFICE AASP/MA Executive Director Evangelos “Lucky” Papageorg

New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2021 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

6 June 2021

New England Automotive Report

AASP/MA Administrative Assistant Alana Bonillo

WWW.AASPMA.ORG

Affiliate Directors Frank Patterson Jeff White Don Dowling P. O. Box 850210 Braintree, MA 02185 617-574-0741

New England Automotive Report

June 2021 7

EXECUTIVE DIRECTOR’S MESSAGE

EVANGELOS “LUCKY” PAPAGEORG

Shops and Insurers: An Incompatible Relationship

Anyone who has spent any time working in the collision repair business is fully aware of what the title of this message is referring to. Besides the insurance industry and the collision repair industry, I am unaware of any two businesses that must work in conjunction that are so powerfully polarized.

As quality-based and consumer-concerned collision repairers, we are set upon by another industry that has no business being involved in dictating what goes on in a collision repair facility – especially when the goals of that other industry is to do whatever it takes to save money for themselves regardless of safety and liability. Worse yet, they save money at the expense of the policyholders they have pledged to indemnify in the event of a loss, all the while presenting themselves as the “saviors” in the equation.

The collision repair industry faces a multitude of issues; the least of which is to guarantee its survival in an ever-changing environment. Because there are so many issues our industry must face, it is easy to lose focus on a purpose and a mission.

When focus is lost, it becomes far too easy to expend energy in a wasteful manner and become ineffective, stagnant and downtrodden. To avoid this loss of focus, many companies and organizations undertake self-evaluation and develop a mission statement that becomes the focal point and foundation for all decisions.

The AASP/MA Board of Directors has gone through that exact process. Although we have always made it our goal to do what is best for our customers and the industry as a whole, there have been times when our purpose has become obscured by the many issues we face. After many hours and much discussion, AASP/MA’s Board of Directors has developed and ratified key statements by which decisions and actions will be made. The first is the mission statement of AASP/MA, which clearly defines the purpose of the association and why we exist.

The second, our position statement, takes a stand on an issue which has been used to keep this industry’s focus away from its true adversary and cause divisiveness with wasteful spending of energy and resources. This is NOT just a Massachusetts issue but an industrywide, national issue.

The ratified AASP/MA mission statement is as follows: AASP/MA is comprised of independent collision repairers, dealership collision shops and mechanical repair facilities.

Our mission is to continuously strive to advocate for consumers, educate repairers and create unity as the voice for repairers within Massachusetts. By providing education and support, AASP/MA strives to assist all shops to achieve their objectives. We are an association of colleagues with a common goal: To protect the consumer while ensuring the survival and prosperity of the businesses we represent and the industry as a whole.

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New England Automotive Report

We can all agree that as long as we strive to repair vehicles to meet the requirements and recommendations that were employed as the vehicle was originally being designed and assembled, we are fulfilling our obligations as collision repairers.

We must do so in a fair and ethical manner at all times, understanding that the responsibility and liability is ours and ours alone in the process. This is the awesome responsibility we took on when we decided to become collision repairers.

Further, we can agree that if the vehicle owner is being properly reimbursed, then we as collision repairers ultimately benefit.

As the mission statement defines, our primary purpose is to advocate for the consumer and educate the repairer while focusing on the protection of the consumer and thereby our industry.

Unfortunately, the insurance industry has been very adept and successful in weakening collision repairers by creating dissension and mistrust within our ranks. Hiding behind the Insurance Reform Act of 1988, insurers have been using the referral contracts established by its passage to be sure that it is not a matter of “us versus them” but a civil-type war of “us versus us.” They have used the referral contract (and now the “program” contracts) as a means to keep our industry from unifying. The purpose of the AASP/MA position statement on referrals and programs is to make it clear that it is not the shop that has engaged or invited insurers into the business that is the issue; the true issue is the fact that the contracts are allowed to exist in the first place. Sadly, repairers feel that they have no choice but to sign on even when they realize the detriment these contracts are ultimately causing to their business and the industry. One would be hard-pressed to find more than a handful of the roughly 1,650 registered shops in Massachusetts that would stand up and say, “I am on this referral list because I want to be. I want to fix vehicles the way my insurance ‘partner’ thinks it should be fixed to save them money. I want to lose my voice in the repair process as a disservice to my customer.”

What goes on during the referral and program relationship process is nothing less than forced compliance through intimidation. That intimidation is multiplied tenfold if you even dare think of staying truly independent. It takes an incredible amount of fortitude to not yield and give in to the temptation. It is truly a challenge (if you are not a referral or program shop) to look out your window and see only a handful of vehicles in queue waiting to be repaired at your shop while those who have succumbed are potentially backlogged with work they are being forced to do under a myriad of concessions.

We all know that insurers do what they can to bog down the process at non-contract shops. We also understand they allow those who they are in a “relationship” with to proceed so they continued on pg. 36

New England Automotive Report

June 2021 9

10 June 2021

New England Automotive Report

New England Automotive Report

June 2021 11

[LOCAL] NEWS

Remembering Industry Legend Joe Valarioti

On April 17, the Massachusetts automotive industry bid farewell to one of its most passionate and outspoken advocates with the passing of Joseph “Joe V.” Valarioti at the age of 92.

Valarioti owned and operated Central Auto Rebuilders in Marlborough, which he initially started with a partner in 1957, until his retirement in 2012. His son Domenic has carried on the family business ever since.

A dedicated participant in various industry groups dating back to at least the 1960s, Valarioti is perhaps best known for getting the Central Massachusetts Auto Rebuilders Association (CMARA) off the ground decades before it merged with AASP/MA in 2010.

AASP/MA Affiliate Director Bill Spellane (Spellane Auto Body; Worcester) recalls Valarioti’s ability to galvanize industry members in the region.

“When Joe was president of CMARA, he could fill the room with members every month. Everybody came to those meetings. He always wanted all the body shops to get better so that it helped the whole industry. He shared his knowledge.”

Valarioti’s community activities extended far beyond the collision repair field. In addition to receiving Marlborough’s Humanitarian Award, he was named Senior of the Year, Business Person of the Year and Small Business of the Year before earning the prestigious Chamber of Commerce Lifetime Achievement Award.

He also received the Algonquin Council Boy Scouts of America Award for Exemplary Service. In addition, he was a member of Italian American (ITAM) Veterans Post 45, Sons of Italy Lodge 240 and received the ITAM Man of the Year Award.

“Joe was all over the place!” Spellane says. “He did whatever he could for his community. He really had a good heart to want to do that. It wasn’t just about the buck with him.”

Past CMARA President Tom Ricci (Body & Paint Center; Hudson) first got to know Valarioti through the association in the mid ’80s and credits him for setting the foundation for the Massachusetts collision industry’s long-running work in the Legislature.

“Joe really inspired people to get involved at the State House level. He had a lot of contacts there, and he was really the one who spearheaded our industry’s political activities. Getting involved taught me a lot about how the process works, especially the importance of Political Action Committee [PAC] funds. Joe could be boisterous at times, but that was really based on his passion for the industry. He really stood up for the association.”

Massachusetts industry veteran Tom O’Malley (O’Malley’s Truck & Auto Body; Charlton) recalls Valarioti’s strong personality when it came to representing and strengthening the state’s auto body scene.

“He was tough; there’s no doubt about it. He always had something to say. He was very much a fighter for the auto body industry.”

One of Valarioti’s closest friends and colleagues, former CMARA President Walter Thomas, was a self-described “hermit” before Valarioti urged him to get involved in CMARA back in the mid ’80s.

“I latched onto Joe’s knowledge and advice mostly on the politics of association life and the politics of our industry. I leaned on him for advice on what to do. I learned everything I knew from Joe. Some of it was from positive feedback, and some of it was from negative feedback. He’d tell me things that I would never dream of, and I’d digest what he said and pick and choose what I believed. We were total opposites in many respects. He was very aggressive; I was very passive. We complimented each other that way.

“He tried to portray a tough-guy image,” Thomas adds. “In reality, he was a pussycat, but he would never admit it!”

Joe and Domenic Valarioti outside their family business

In addition to their work with CMARA, Valarioti and Thomas served lengthy terms together on the Auto Damage Appraiser Licensing Board (ADALB). Those who attended ADALB meetings during the Valarioti era will surely remember his straightforward nature and strong views in support of collision repairers.

“Joe was one of the few people I knew who was transparent with his opinions,” Thomas says. “You never had to wonder what he was thinking, because he told you. He never tried to put any fluff on it.”

Above all, he is grateful to Valarioti for convincing so many in the Massachusetts industry that there truly was strength in numbers.

“His philosophy, which impacted me tremendously, was, ‘If I want to do better, then I have to make you do better.’ His philosophy was he couldn’t do it alone, so he got as many people to join CMARA as possible to make everyone in the industry stronger.”

Memorial donations may be made in Valarioti’s name to Boys & Girls Club of MetroWest, 169 Pleasant St., Marlborough, MA 01752.

AASP/MA and New England Automotive Report offer Valarioti’s family and friends our deepest condolences.

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Photo credits: Hudson Sun and Jim Ash 12 June 2021

New England Automotive Report

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New England Automotive Report

June 2021 13

[LOCAL] NEWS

Celebrating Students: SkillsUSA Returns to Massachusetts On April 30, the SkillsUSA Championships returned to Massachusetts in full force with the first live event of its kind since 2019. Held at Blackstone Valley Regional Technical High School in Upton, the competition gave vocational students across the state – 50 percent of whom were females this year – an opportunity to showcase their skills and shine in a welldeserved spotlight. The students performed remarkably well in light of the restrictions in time allowances (shorter than the normal event) due to COVID-19.

The SkillsUSA Championships’ automotive-related categories yielded the following winners: Automotive Refinishing Technology Gold: Benjamin Judson (Blackstone Valley Regional Technical High School; Upton) Silver: Alecia Slappey (Upper Cape Cod Regional Technical High School; Bourne) Bronze: Leah Weinrich (Essex North Shore Agricultural & Technical School; Danvers) Collision Damage Appraisal Gold: Ryan Lynch (Upper Cape Cod Regional Technical High School; Bourne) Silver: Ariana Lourie (Essex North Shore Agricultural & Technical School; Danvers) Bronze: Cameron Champoux-Legrand (Greater Lowell Regional Technical High School; Tyngsborough)

Collision Repair Technology Gold: Lauren Lynch (Blue Hills Regional Technical High School; Canton) Silver: Anthony Divoll (Montachusett Regional Technical High School; Fitchburg) Bronze: Payton Hartshorn (Blackstone Valley Regional Technical High School; Upton) All Gold winners in these categories will move on to compete in SkillsUSA’s National Leadership and Skills Conference, which will be held virtually later this month, with localized hands-on elements for select competitions.

Industry judges and volunteers Tom Ricci (chairman), Sed Cabral, JR Force, Seth Elie, Marc Petraglia, Ryan Sarsfield, Bob Waldron and Louis Tabicas oversaw this year’s Massachusetts SkillsUSA Collision Repair Technology and Collision Damage Appraisal Competitions. The Auto Refinishing Competition saw participation from judges and volunteers Ken Robbins (chairman), Michael Levy, Mike Comtois, Steve Vanderbeek and Pat Carroll.

Special thanks to the following sponsoring companies: Body & Paint Center of Hudson; Don Kennett, Inc.; BASF; and Empire Auto Parts.

SkillsUSA is a nonprofit partnership of education and industry founded in 1965 to strengthen the nation’s skilled workforce. For more information, visit skillsusa.org.

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[AASP/MA] MEMBER SPOTLIGHT

by Alana Bonillo

Marblehead Collision/ Swampscott Collision Neighboring towns Marblehead and Swampscott have one thing in common: Each is home to a family-owned/operated, reliable collision repair facility offering quality repairs with a focus on protecting the consumer.

Both Marblehead Collision and Swampscott Collision succeed through the dedication of AASP/MA member Don Dowling and members of his family.

Don got his start in the business back in 1998 by working at Swampscott Auto Body, the facility owned by his father, Bob. “I started after graduating high school,” Don recalls. “I was there for about a year and a half when a guy in the office quit. [My father] threw me in there and said, ‘You are running the shop!’”

After later spending a few years working as an independent appraiser in addition to a stint with Ira Motor Group, Don saw an opportunity to open a facility in Marblehead when a building became available for purchase. He approached his father about partnering in the venture. He agreed, and the father-and-son team opened Marblehead Collision in 2011. Six years later, Don expanded by reacquiring the Swampscott location that his father had previously owned.

Don and Bob own Marblehead 50/50, while Bob also works as a technician. Don is the sole owner of the Swampscott location.

Keeping it in the family, Don’s wife, Laney, does the marketing for both shops.

Looking back on his career choice, Don is glad he wound up being in business with his father, as the experience brought them closer together. They have achieved steady growth over the years and currently work with a team of 20 employees between the two locations. Although the pandemic brought along hardships, Don is

The Dowling family thrives through two celebrated locations.

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New England Automotive Report

Bob and Don Dowling: A family tradition of professionalism. pleased to report that there were no layoffs at either facility.

Producing quality work is the number one priority at both operations.

“We have to produce that type of quality, because if you do something wrong, word gets around. So, we strive only for quality work and excellent customer service. There’s a reason we have a oneto-one ratio of office staff to technicians; we want the customer to be happy, and we want to do the job right.”

The biggest change Don has seen over the years is the lack of substantial change to the state’s consumer reimbursement rate.

“It blows my mind that the reimbursement rate was $35 when I got into this. It’s gone up like five dollars in the last 20-plus years, and we are doing a lot more work in the office than we did 20 years ago. Back then, I was a kid running the office, and five people were on the floor; now, I have six people in the office and six on the floor.

The overhead has gone up, but the reimbursement rate has not. We do so much more of the insurers’ work now from an administrative standpoint; everything they used to do, we do now.”

Since he’s been a member of AASP/MA, Don has found a place to go for information and resources, which he is so grateful to have.

“It’s good to know that you are not alone. Before the association, I was all alone. I didn’t know what to do all the time.

When something came up, I didn’t have someone to turn to. It’s nice to know others are there, and it’s good to learn from the team.”

Last fall, Don was elected as an Affiliate Director to the AASP/ MA Board of Directors, representing Zone 4.

“I’m trying to do my part [...] There are so many shops in Massachusetts; it’s difficult to get us all on the same page. The group we have with the Board is making a difference. We don’t want to be the problem; we’re here to be the solution. I like that mentality.”

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New England Automotive Report

June 2021 17

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New England Automotive Report

June 2021 19

[FEATURE]

by Joel Gausten

Relief from Fees: Overcoming the Credit Card Crunch Running a collision or mechanical repair facility is a costly endeavor, but sometimes its most seemingly innocuous expenses are the ones that lead an otherwise profitable business towards financial disaster if it’s not careful.

In an industry used to dealing with always escalating overhead, credit card processing is one expense that many accept as a way of life. However, these fees can easily add up to a major economic headache.

“Merchants are getting hammered by processing fees, especially with everybody using rewards cards,” Bill Mullen, owner and president of ZeroCreditCardFees.com, observes. “Auto body shops and automotive service departments are businesses where consumers are most likely to pay a significant bill with their rewards card, which greatly erodes profit margins. To make matters worse, you have no idea when a customer has presented you with a rewards card for payment.”

So, how does a repair shop or service department address this reality without surrendering money on every job? This can be tricky.

First and foremost, it’s important to remember that surcharging – the practice of simply adding the amount of a credit card transaction fee on top of the cost of services billed to the consumer – is illegal in Massachusetts and a host of other states. Fortunately, there is a legal alternative that is already working for automotive repair/service facilities and other businesses in the Commonwealth and beyond.

A system already utilized by thousands of establishments across the country, the Cash Discount Program was designed to help business owners legally avoid paying the processing costs associated with accepting credit and debit card payments.

Here’s how it works: Businesses post conspicuous signage indicating that rising costs necessitate the merchant charging an additional 3.85 percent on all products and services. However, if

a customer chooses to pay using cash or a check, then that 3.85 percent is discounted. If a customer still chooses to pay using a debit or credit card, then the discount will be disallowed and the 3.85 percent service charge will be applied to the final bill, paid for by the customer and received by the credit card processor. By doing this, the merchant is informing its customers that it will discount the service fee if they pay with cash or check – not directly stating that they will be charged extra for using their credit or debit cards.

To help industry members avoid possible confusion over the process, Mullen is quick to stress that this system is not surcharging.

“Surcharging is when you directly say to a customer, ‘I’m going to have to charge you three or four percent for what I’m paying for processing fees.’ The money then goes into the merchant’s pocket and not to the processing company; that’s basically offsetting the merchant’s processing fees. With cash discounting, the signage says, ‘All of our products and services have a built-in 3.85 percent discount for cash- or check-paying customers only.’ If they choose to pay using a credit or debit card, the verbiage can say, ‘You waive the discount and will be charged a non-cash-discount service fee.’

The customer then has a choice. The way this program is designed is perfectly legal.”

According to Mullen, this program has been implemented by one of Massachusetts’ largest and most well-known auto dealers, DCD Automotive Holdings (the entity that owns Boch Automotive Group), and has been running smoothly for over a year in all eight of their dealerships. The legality of their program was confirmed in a January 2020 letter from the Massachusetts Division of Banks (part of the Office of Consumer Affairs and Business Regulation) to DCD Automotive Holdings.

Finally, a long-running (and always growing) financial issue for automotive businesses has a safe and legally sound solution!

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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[VENDOR AFFINITY PROGRAM] MEMBER SPOTLIGHT

When it comes to automotive coatings, no brands match Sherwin-Williams for longevity and commitment to the industry.

Founded in 1866, the company has offered automotive coatings to the national collision repair industry since the dawn of the automobile age over 100 years ago. Known and trusted by the Massachusetts market, Sherwin-Williams’ regional operation has a four-person sales team that works closely with shops from the western and central parts of Massachusetts to the greater Boston area.

“My goal is to drive value-added service,” states James H. Gray, sales representative for western Massachusetts and central Connecticut. “Basically, in today’s ever-changing market, we truly have never been in a better position to support our current and new business customers.”

More than just offering great paint, Sherwin-Williams strives to be a business partner to the auto body community.

“We offer labor-optimization solutions by connecting metrics to provide demonstrable business improvements.”

Sherwin-Williams recognizes that many shops are looking to improve their key performance indicators (KPIs) but sometimes face a challenge in connecting their numbers with the solutions they need to improve. Profit comes from labor; therefore, working to improve productivity helps shops gain the most profit. To help shops achieve this, Sherwin-Williams is excited to launch its suite of digital applications, Collision Core, later this year and continue to enhance its online training offerings through A-Plus University.

Collision Core is a comprehensive suite of intelligent and fullymobile applications that will be available to collision centers and designed to verify and validate the repair process in real-time with a focus on error elimination and labor optimization.

Prior to the pandemic, Sherwin-Williams offered in-house training for body shops. Once COVID-19 hit, the company set out to produce more online training with A-Plus University. In addition, Sherwin-Williams offers pre-recorded information by way

by Alana Bonillo

of webinars posted on its Ecoleanuniversity.com website. Although virtual training is becoming more and more commonplace, Sherwin-Williams has still been able to offer in-house training provided all safety protocols are met.

Recently, the company came on board as a Silver-level participant in AASP/MA’s Vendor Affinity Program.

“We want to support the auto body association and help the auto body industry from the shop owner’s perspective,” Gray comments.

The Sherwin-Williams sales team eagerly anticipates AASP/ MA’s June 22 virtual General Membership Meeting, which will feature Sherwin-Williams Business Development Manager Lee Rush, who will discuss estimating solutions for profit.

What really sets Sherwin-Williams apart from the rest is their direct-to-market operation.

“With our company, there’s no middleman. Most companies do the manufacturing and then have jobbers distribute to the end customers, but we are the manufacturer, the sales team and the delivery team. We give shops more control over their business.”

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

VICE PRESIDENT'S MESSAGE continued from pg. 6 Insurers will attempt to scare the consumer into believing that this bill will affect all auto policies in the state and send their rates soaring. The simple fact is that policy rates have been going up all along while the consumer reimbursement rate has stayed stagnant. Also, if the insurer decided to raise the policy rates fairly in congruence with the consumer reimbursement increase, it may only raise the rates by $40-$60 per vehicle policy. We feel that such a minimal increase in policy cost would be far outweighed by the fair reimbursement for proper and safe repairs that it would bring.

The bottom line is that AASP/MA is the only group that is acting on behalf of the consumer in relation to auto claims and 24 June 2021

New England Automotive Report

fair reimbursement. This rate needs to go up in order for vehicle policyholders to obtain proper OEM repairs at the shops of their choosing. So, if you are a shop owner, manager, appraiser or technician who isn’t a member of AASP/MA – and you value the level of reimbursement your customer is able to maintain – then YOU NEED TO JOIN US! If you want to join the fight for what is right and fair, please go to aaspma.org. Be part of the solution and join the alliance! The application is on page 7.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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

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[COVER] STORY

by Joel Gausten

REAL NUMBERS, REAL PROGRESS:

An Update on MA Rate Data Although Massachusetts currently struggles with the lowest average consumer reimbursement rate in the nation, shops in this state have more power to turn things around than they may realize – and it all starts with properly understanding and utilizing data generated in the real world.

Just over two years ago, AASP/MA began urging members to actively participate in the online Labor Rate Survey and other services available through National AutoBody Research (NABR).

The association’s goal was to gain enough industry participation to generate statistically valid information on rates charged by repair facilities and paid for by insurers and consumers. It was AASP/MA’s belief that the insurance industry’s common battle cry, “You’re the only one who charges for that,” was nothing more than a diversionary tactic used to contain costs, suppress rates and under-indemnify policyholders. Now, thanks to thousands of documents submitted by NABR-subscribing shops in Massachusetts, this suspicion has not only been confirmed but the Commonwealth auto repair scene now has the ammunition to fight back and win.

This was the point driven home during AASP/MA’s most recent virtual General Membership Meeting, which featured an extensive update from NABR’s Richard and Sam Valenzuela on critical updates to its BillableGenie platform and how its data can be used to the end-users’ advantage.

NABR’s BillableGenie is a powerful program that features a searchable database of what repairers across the country report in regard to the procedures they are being paid for by insurers.

The information is compiled through estimates and other documentation submitted by body shop end-users. As of May 5, BillableGenie contained data for 8,868 paid estimates nationwide, including 1,173 customer-pay repairs that reflect actual nonconcessionary market rates and therefore a true open marketbased Labor Rate.

(It is important to mention that Repairer Driven News recently reported on a 2018 case in Florida, GEICO v.

Superior Auto Glass (assignee of Matthew Dick et al) and Certified Windshield (George Hart), where it was determined that program shop rates should not be used by GEICO to determine its prevailing rate.

As Judge S. Scott Stephens wrote in the ruling, “The carrier cannot say ‘prevailing competitive price’ is the limit of its liability and then effectively limit its exposure to a lower price it alone could obtain through a non-open-market transaction.)”

Earlier this year, NABR performed substantial upgrades to the BillableGenie system to enable increased search functionality efficiency. These advancements include the addition of parenthetical information (noted in parentheses) showing the number of records the system has for specific insurers, states, cities, procedures, vehicle makes, Labor Rates and shop certifications.

Perhaps most significantly, BillableGenie boasts claim documents for 413 auto insurers nationwide. This 28 June 2021

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shop-submitted material has revealed more than 9,043 different procedures (or other added items and concessions) have been paid a total of 102,253 times.

“That’s 102,253 times that insurers have paid for a procedure or an operation that they tell you they don’t pay for,” Richard observed during the meeting. “I look at that as 9,043 profit opportunities for the body shops. I would respectfully suggest that body shops are not charging for all 9,043 procedures.”

In just over two years, Massachusetts shops alone have submitted 2,324 documents to BillableGenie, making the state the national leader in utilizing the platform.

“Massachusetts has gone from last in the nation to number one,” Richard shared. “You have out-performed Texas, which has 1,854 [documents] and has been with us for almost eight years.”

Additionally, BillableGenie’s data reveal (among other things) that insurers pay higher rates for certain procedures in other parts of the country that have nowhere near Massachusetts’ cost of living, which is the highest on average of any state in the continental United States. These higher payments also extend to not-included terms and above-average charges from OEMcertified facilities.

“If they are paying for a procedure anywhere in the country, should they pay you in Massachusetts? The answer is yes,” Richard said.

Not surprisingly, AASP/MA Executive Director Evangelos “Lucky” Papageorg noted that several AASP/MA members have already experienced considerable success in their negotiations with insurers by using the information accessible through the program.

“I get calls all the time from subscribers to BillableGenie who tell me how they’ve used the information to better their negotiating ability. In one instance, a shop told me they were able to substantiate a better negotiated figure with an insurance company using the information they obtained through BillableGenie.”

NABR’s work on behalf of AASP/MA and the industry at-large is poised to greatly expand with the arrival of its latest service, LaborRateHero.com, a free and consumer-facing website that provides rate pricing transparency via a searchable national database of shops’ posted door rates submitted to the NABR Labor Rate Survey. Searchable through zip codes, the site includes the posted door rates for all shops in a given area that have submitted information through the system.

“LaborRateHero.com is all about surveyed data,” Sam explained. “It’s you – the body shops – self-reporting what your posted retail rate is. Now you can see that for anywhere in the whole country. That’s especially useful to have to push back with if you get told by insurance companies that the price in your area is x. You can go to LaborRateHero.com, look around your area and ask, ‘How are you guys arriving at that price when I look around at the prices of body shops in my area and it actually says something else?’” continued on pg. 35

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[LEGAL] PERSPECTIVE by James A. Castleman, Esq. [LEGAL]

It’s the

Law! The statute that establishes the Auto Damage Appraiser Licensing Board (ADALB), together with the regulations issued by that Board, are the law that governs how auto damage appraisals in Massachusetts must be written and how licensed auto damage appraisers are required to conduct themselves when doing their job.

An appraiser who fails to follow the dictates of the statute and the regulations is violating the law.

Moreover, both the statute and the regulations require that appraisers write appraisals that contain “an itemization of parts, labor and services necessary for repairs” and also require that appraisals “be sworn to under the penalties of perjury.” So, an appraiser who willfully fails to write an appraisal that contains all of the parts, labor and services necessary for repair of a damaged vehicle is potentially engaging in the crime of lying under oath. That crime not only constitutes a basis for revocation of an appraiser’s license, but it also carries a potential punishment of up to 20 years in prison – no matter how unlikely it may be that a penalty that harsh actually would be imposed by a court.

Most members of the collision repair industry I know believe that insurance appraisers willfully fail to follow the requirements of the law on a regular basis when writing their appraisals. The appraisers often justify what they do by claiming that they are following what their employers are telling them to do. But it does not matter what an insurer is telling its appraisers; what matters is what the law is telling them. It is the law that they are required to obey, no matter what their employer instructs them to do. It is not a legitimate excuse for them to say that they were just following orders.

The purpose of this article is to point out just some of the common violations of law committed by insurance appraisers. Will appraisers change what they do if these issues are pointed out to them? Perhaps not. But if you deal with insurance appraisers on a regular basis, maybe you might want to point out some of these problems to them and suggest that they may want to start obeying the law. And if the ADALB or the Commissioner of Insurance decide to enforce the law once in a while, maybe then insurance appraisers will more often follow it.

Itemizing ALL Items Needed to Repair a Damaged Vehicle Regarding the preparation of appraisals, the ADALB regulations mandate that “the appraiser shall itemize the cost of all parts, labor, materials and necessary procedures required to restore the vehicle to pre-accident condition.” [Emphasis added.]

The regulations do not allow for “visible damage only” appraisals, nor do they allow for appraisals that omit any item necessary to bring a vehicle back to pre-accident condition. An appraiser who intentionally writes an appraisal that omits any necessary part, labor, materials or procedure is violating the law and is committing perjury.

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Perhaps worse, when the appraiser omits those items and the vehicle owner decides to pocket the claim payment and not repair their car, the vehicle owner is then being unfairly shortchanged and is not getting what they are supposed to receive based on the premium that they have been paying. Further, by writing an incomplete appraisal, the appraiser is causing an unfair and/or unreasonable settlement offer to be made to a claimant, which is a specific ground stated in the ADALB regulations as a basis for revocation of an appraiser’s license. It also may be the basis for a claim by the claimant against the insurer for multiple damages under the Massachusetts Consumer Protection Act. Calculating Paint and Materials Using a Dollars-Times-Hours Formula The ADALB regulations require that “with respect to paint, paint materials, body materials and related materials, if the formula of dollars-times-hours is not accepted by a registered repair shop or licensed appraiser, then a published manual or other documentation SHALL be used unless otherwise negotiated between the parties.” [Emphasis added.] This is an issue that I still hear a lot of complaints about despite what the regulations clearly say. I still hear of insurance appraisers who apparently do not know how to read and who claim that the requirement to use a published manual or other documentation does not exist.

No matter what their insurer is telling them – and no matter what an insurance appraiser may usually do – if a registered repair shop refuses to accept the dollars-times-hours formula, then the insurance appraiser MUST follow a published manual or other relevant documentation to determine what is to be paid for paint and materials. The law is unequivocal on this issue.

Modifying a Published Manual The ADALB regulations state that “no appraiser shall modify any published manual (i.e., Motors, Mitchell or any automated appraisal system) without prior negotiation between the parties.

Manufacturer warranty repair procedures, I-CAR, Tec Cor and paint manufacturer procedures may also apply.” Despite what the quoted law says, I continue to hear of insurers that unilaterally decide that they are not going to allow their appraisers to actually follow what a particular manual or automated system says. And for as long as I can remember, it has been a common insurance industry tactic to claim that certain procedures are “included” when, according to the relevant manual, they definitely are not.

In recent times, it seems that many insurers have decided that “manufacturer warranty repair procedures” are only a vague suggestion and not really the proper way to repair a vehicle. Really?

Where do they get this idea? Why do they think that they know better than the vehicle manufacturers’ expert engineers how to continued on pg. 37

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New England Automotive Report

[COVER] STORY continued from pg. 28 The LaborRateHero.com endeavor has been created to give shops, consumers and insurers insight into what Sam called the “market-level competitive intelligence” needed to set and follow realistic cost and profit expectations – all leading to an attainable scenario where facilities base their charges on what they need to provide safe and proper work and insurers reimburse the consumers appropriately.

“Prices are changing in this industry, and body shops are changing their rates. This enables you to keep your finger on the pulse of that so you’re not isolated from that information. This can be the only place you need to go to show a customer or an insurance adjuster that your rates are reasonable.”

Armed with years' worth of legitimate industry rate information diligently supplied by members, the association now intends to bring these facts to legislators in an effort to address the many issues that have plagued the Massachusetts auto body field since the Automobile Insurance Reform Act of 1988. Pleased to see Massachusetts make such progress through BillableGenie and NABR’s Labor Rate Survey, Papageorg expressed his gratitude for the solutions and paths to irrefutable data that the Valenzuelas have given the AASP/MA community.

“They have a burn in their gut for this industry. They really are doing a tremendous job for us.”

For more information on the services featured in this story, please visit nationalautobodyresearch.com and LaborRateHero.com.

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EXECUTIVE DIRECTOR’S MESSAGE continued from pg. 8 can repair more vehicles quicker for less and less reimbursement and potential added liability.

That is why the following is AASP/MA’s position statement regarding this issue. Note that while it would have been very easy to condemn the shops who participate in these programs, it clearly states that the issue is the abusive nature of the existence of the contracts that are truly to blame: AASP/MA is a pro-consumer association representing all collision repairers and mechanical repair shops regardless of insurance affiliation. However, it is our firm belief that the restrictive and suppressive insurance referral and “program” contracts are a detriment to our industry and could create a liability risk for vehicle owners and collision repairers. We strive to advance the industry through education, regulatory enforcement and legislation to dismantle the control and influence insurers have on consumers and our industry.

It all circles back to the last sentence of our mission statement: We are an association of colleagues with a common goal: To protect the consumer while ensuring the survival and prosperity of the businesses we represent and the industry as a whole. We cannot achieve our BEST CHEVROLET_NEAR0320.qxp_Layout 1 2/12/20 12:02 PM Page 1 goal collectively if we seek to serve two masters. More and more

Unfortunately, the insurance industry has been very adept and successful in weakening collision repairers by creating dissension and mistrust within our ranks. shops are breaking their “partnerships” with an oppressive industry, especially when those “partners” play such an insignificant part in driving work to their shop. Although only a trickle at first, there are more and more shops aligning to the AASP/MA position statement. Soon, the dam will be breached and the levee will break.

Please consider making the decision to accelerate the process.

Believe in our mission regardless of where you stand at the moment and support us through your membership. Do what you know is RIGHT. Our MEMBERSHIP APPLICATION is on page 7.

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AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org.

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[LEGAL] PERSPECTIVE [LEGAL] continued from pg. 32 properly and safely repair a car? Yet, when a repair shop follows what the insurer appraiser writes rather than what the manufacturer says – and, as a result, the safety systems of a vehicle fail and people get seriously hurt – the insurer always denies liability, claiming that it was the repair shop, not the insurer, that made the repairs.

Removing Inspection Stickers The law says: “Whenever an appraiser determines that a motor vehicle is damaged such that (a) it may no longer meet the safety standards established by the registrar of motor vehicles [...]; or (b) it may no longer comply with the motor vehicle emission standards established by the commissioner of the department of environmental protection […], then the appraiser shall remove the certificate of inspection from the vehicle[...].” [Emphasis added.]

When this language was first added to the governing statute, many insurance appraisers did follow it. But appraisers who removed inspection stickers started coming face to face with angry vehicle owners who were unhappy with what was happening. Additionally, insurers started encouraging their appraisers to not remove the stickers because the companies did not want to pay the cost of a vehicle’s post-repair inspection that was needed to get a new one.

Now, it seems very few inspection stickers get removed, no matter what shape a damaged vehicle is in. Yet, the law is still the law, and there is nothing excusing insurance appraisers from following it. Failure to follow the law when writing an appraisal is a stated basis for revoking an appraiser’s license, but I am unaware of any appraiser who has ever been punished by the ADALB for failing to remove an inspection sticker.

Conclusion As a lawyer, I’m frustrated to see so many parts of the law governing appraisals and appraisers constantly being ignored.

But it is probably much more frustrating for members of the collision repair industry. Aren’t laws supposed to be obeyed?

Perhaps those government agencies that are supposed to be enforcing the laws actually should be enforcing them.

Enough is enough! The law is the law, and it is time for insurance appraisers and insurers to start following it. And it is time for members of the collision repair industry and the insured vehicle owners of Massachusetts to start receiving the benefits that these laws were meant to give them. Hopefully, we do not need to start having insurance appraisers criminally charged with perjury before the law starts being obeyed.

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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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[JUST FOR FUN] HOW MUCH IS TOO MUCH?: SOME OF THE WORLD'S MOST EXPENSIVE VEHICLES

For the average person, a vehicle is usually their most expensive investment besides their home – unless, of course, your tastes are a tad more extravagant. Now, there’s luxury and ultra-luxury, and then there’s ultra-ultra luxury when it comes to automobiles. We found some figures that make the average BMW look about as affordable as a Matchbox car.

$17.5 MILLION

$12.5 MILLION

$3.9 MILLION

Pagani Zonda HP Barchetta

Rolls-Royce Sweptail

Bugatti Chiron Supersport

The MOST expensive vehicle in the entire world hails from Italy. The Pagani Zonda HP Barchetta will set you back close to $18 million. Only three of these beautifully sleek vehicles exist, and one reportedly belongs to the company’s CEO, according to Motor1.com (bit.ly/ Motor1mostexpensive).

About two years ago, the RollsRoyce Sweptail was considered the most expensive car in the world at nearly $13 million. This “billionairebespoke coupe” (so named by cars.com; bit.ly/RRsweptail) has multiple features, including the largest Pantheon grille of any modern-era Rolls-Royce, a poshly sleek glass hood and a center console that will supply a bottle of champagne with just one push of a button. So classy!

If speed is your thing and you happen to have four million dollars, the Bugatti Chiron Supersport 300 just may be for you. It was created in honor of the company’s 110th anniversary.

US News and World Report (bit. ly/USNewsmostexpensive) states the hypercar has 1,600 horsepower and claims to hit a whopping 304.8 miles per hour.

For four million dollars, maybe it should hit lightspeed!

$2.5 MILLION

$1.4 MILLION

Pinifarina Battista

Ferrari LaFerrari

Brand new for 2021, this Italian-born, fully electric vehicle can travel for up to 279 miles (450 kilometers) on only one charge. As per US News and World Report (bit.ly/USNewsmostexpensive), its electric propulsion system produces 1,900 horsepower and can go from zero to 62 miles per hour in less than two seconds. It’s named after the late company founder, Battista “Pinin” Farina, an Italian automobile designer and coachbuilder.

This Ferrari model, which will cost the car enthusiast over $1 million, is actually considered one of the most affordable supercars on the luxury list compiled

by Motor1.com (bit.ly/Motor1mostexpensive).

It’s considered Ferrari’s fastest and most powerful production model to date and is said to reach a top speed of 250 miles per hour.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

Photo credits: Bugatti Automobiles S.A.S., US News and World Report, motor1.com and cars.com.

40 June 2021

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42 June 2021

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44 June 2021

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