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4 June 2022
New England Automotive Report
June 2022 • Volume 20, No. 6
DEPARTMENTS PRESIDENT'S MESSAGE 6 | You Can Say "No!" by Kevin Gallerani
CONTENTS LOCAL FEATURE
EXECUTIVE DIRECTOR’S MESSAGE 8 | It’s Very Clear by Evangelos “Lucky” Papageorg LOCAL NEWS 12 | Al Brodeur’s Auto Body Named Small Business of the Year by Marlborough Chamber by Alana Quartuccio Bonillo
24 | Equipping Students for Success:
14 | AASP/MA Member William “Bill” Johnson Runs for Western Massachusetts Senate Seat
by Chasidy Rae Sisk
by Alana Quartuccio Bonillo
16 | LRSC’s Report Offers Possible Solutions Despite Insurer Impliability
Assabet Valley Vo-Tech Wins CREF Grant
COVER STORY
by Chasidy Rae Sisk
AROUND THE INDUSTRY 18 | TGP Senior Vice President Alicia Figurelli Honored Among 2022 Most Influential Women at Women's Industry Network Conference Gala LEGAL PERSPECTIVE 34 | An Insurer’s Decision to Total a Car by James A Castleman, Esq.
ALSO THIS ISSUE 7 | AASP/MA MEMBER APPLICATION 20 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS
28 | Is Every Appraiser Really Your Enemy?
by Chasidy Rae Sisk
New England Automotive Report
June 2022 5
PRESIDENT’S MESSAGE
You Can Say “No!” KEVIN GALLERANI
We’ve all had to deal with “those” insurance companies – you know the ones I mean…the insurers that are repeatedly a pain in the rear. They reject required procedures, want to argue about using OEM parts or simply refuse to negotiate. Guess what. You DON’T have to deal with them! Cape Auto Body Collision Center recently made the decision that we’ll no longer accept a certain insurer because they’re horrible to deal with. I’ll admit that I was a little nervous about what that would mean for our shop and our customers, especially since we have some regulars with policies from those companies. We’ve explained the situation to those customers, and while we won’t work for those insurers, we’re more than happy to help our customers: We’ll fix their car, charge them and leave it up to the customer to collect from their insurers. Some customers quickly agree to our proposed arrangement; others leave because they can “just go to the shop up the street, and they’ll deal with my insurer.” Except then the craziest thing happened. The local broker called me and requested a meeting because (don’t pass out when you read this)...We’re NOT the only one! I was absolutely blown away when I found out that the other two shops in my market had made similar business decisions. I’m friendly with those guys, but we are competitors, so it’s not like we go out for a beer to talk about this type of stuff. I had no clue that they were facing the same challenges, and they didn’t know what was happening at my shop either. Yet, all of us were repeatedly
STAFF
AASP/MA EXECUTIVE COMMITTEE
PUBLISHER
President Kevin Gallerani
Thomas Greco | thomas@grecopublishing.com
SALES DIRECTOR Alicia Figurelli | alicia@grecopublishing.com
EDITORIAL/CREATIVE COORDINATOR Alana Quartuccio Bonillo | alana@grecopublishing.com
OFFICE MANAGER Donna Greco | donna@grecopublishing.com
PRODUCTION COORDINATOR Joe Greco | joe@grecopublishing.com
MANAGING EDITOR Chasidy Rae Sisk | chasidy@grecopublishing.com
PUBLISHED BY: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963 www.grecopublishing.com
continued on pg. 30
Vice President Matthew Ciaschini
Treasurer Dana Snowdale
Secretary Gary Cloutier
AASP/MA STATEWIDE DIRECTORS Director At-Large Adam Ioakim
AASP/MA DIRECTORS
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
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 © 2022 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com
6 June 2022
going to war with this one company, and it just wasn’t worth it. I was shocked to find out that we were all inadvertently on the same page. During my call with the broker, I explained my shop’s challenges and realized that we were all facing the same problems. Insurance adjusters love to tell us how we’re “the only one,” so can I just tell you how good it felt to hear from the agent that we’re not the only one? The broker was appalled by my stories, as well as what they hear from the other shops, and is now reluctant to sell those policies. Although I hate to inconvenience my customers, I’m responsible for running a business, and spending excessive amounts of time and energy arguing with a third-party payer about every aspect of the repair doesn’t help anyone. Sure, we’ll have some customers leave, but now many of them are calling us back since it turns out they can’t just take their car to the guy up the street – that shop is telling them the exact same thing. And in the meantime, we’re saving tons of admin time. With all the challenges that we’re currently facing, now is the time to make a change that will benefit your business in the long run. Customers deserve to know that they’re buying crappy insurance policies from a company that won’t back them up because they want to pay the cheapest price and don’t care about getting the car fixed properly. There’s nothing wrong with refusing to do business with
New England Automotive Report
AASP/MA Administrative Assistant Alana Bonillo
WWW.AASPMA.ORG
Collision Director At-Large Rob DelGallo ZONE 4 Kevin Kyes Jim Marshall Paul Tuscano Affiliate Directors Frank Patterson Jeff White Don Dowling P. O. Box 850210 Braintree, MA 02185 617-574-0741
AASP-MA P.O. BOX 850210 Braintree, MA 02185 Phone: 617-574-0741 Fax: 973-235-1963 Email: admin@aaspma.org
Membership Application 2022-2023
Please complete this form and return to our office via mail, email or fax with your dues payment. Thank You! BUSINESS INFORMATION Massachusetts Shop Registration # __________________
Total number of Staff (Techs, office, Mgrs)________
Company’s Official Name: ________________________________________________________________________________________________ Business Physical Address: _______________________________________________________________________________________________ Business Mailing Address (If Different): ________________________________________________________________________________ Telephone Number: (______)-________-___________ Fax: (______)-________-___________ DUES STRUCTURE. Collision Shop Annual Dues: $495 / 12 Months* PRIMARY BUSINESS CONTACT Name: _______________________________________________________________________________________________________________ Email: _______________________________________________________________________________________________________________
YES � Please list my business as an AASP/MA member in good standing on the AASP/MA website for consumers to consider using for the collision repairs and assistance with the claims process. I understand this is a member benefit (_________ initials Date ___/____/2022) Yes � Please send me information regarding the following MONEY SAVING BENEFITS: � Dental plan � Healthcare plan � Credit card processing � Grant writing/training � Google presence optimization � All five PLEASE ENCLOSE PAYMENT WITH YOUR MEMBERSHIP APPLICATION Check# : _______________ (IF collision shop please note your RS# on the memo line of the check) CC #: ______________________________________________________________________
OR
EXP: ________/___________ CID: _________________
Billing Address: ______________________________________________________________________________________________________________ Name On Card: _____________________________________________ Signature: ____________________________________________________ I hereby make this application for membership with the Alliance of Automotive Service Providers of MA (AASP/MA) for membership dues 2022-2023 as provided for in this contract. *Membership Dues are for a twelve-month period commencing on your anniversary month of membership.
REV 12/21 New England Automotive Report
June 2022 7
EXECUTIVE DIRECTOR’S MESSAGE
It’s Very Clear EVANGELOS “LUCKY” PAPAGEORG
It is abundantly clear that there is a huge divide between being considered essential and not being paid as an essential in the collision repair industry. Although collision repair is considered and understood to be an essential industry, there are those who do not understand how essential it is. Not only that, but there is a lack of understanding that being essential comes with being paid accordingly. The knowledge and expertise required to be proficient in the art of collision repair is surpassed by very few - if any - other fields, and yet a collision repair student coming out of a vocational school can be guaranteed to be joining one of the lowest paid of any of the other trades - if not the lowest. Is it any wonder that we not only have a retention issue, but also an enticement issue in this industry? The same individuals who lack the understanding of what it means to be essential have failed to ask themselves what will happen when there is no one left to repair collision damaged vehicles. During the Labor Rate Study Commission (LRSC) hearings, the testimony given by one of the vocational school instructors was particularly on target. He spoke to the reason why so many individuals have entered into this industry in the first place…“It’s cool” and challenging as no two repairs are ever the same! The challenge a technician faces day in and day out is what makes it cool and interesting. Their learning curve never really reaches a plateau. So, why are they not rewarded? Why do insurance appraisers (who in most cases have never even attempted to repair a damaged vehicle yet get paid more than the highly skilled technician) blindly say, “NO” because they are told to do so? Maybe getting paid more eases a guilty conscience? There is a tendency to sound like I am minimizing what other professions do and are responsible for. I really do not want to sound that way, but the facts are the facts. Anyone who has had something repaired at their home, be it the roof, plumbing or electric, knows the price you pay to have one of those “technicians” work at your home. How about the price you are paying per hour for repairs to your vehicle that are not collision related? Then, there are the comparisons to other vocations. As I waited to get a haircut the other day, I figured that just the one “technician” doing the cutting was making more than $100 per hour for the shop, excluding the tip. Yes, all those vocations have their own degree of liability and specialized training, but none reach the degree of liability a collision repair shop and its technicians take on. Just as with the analogy of our industry being physicians and diagnosticians, our technicians must learn the basic skills and
8 June 2022
New England Automotive Report
sharpen them as they work to become more artful and skilled. Yes, approaches to medicine and health care and procedures do change; however, when you get right down to it, the human body has not changed much in thousands of years, whereas vehicles and repair procedures change daily. Again, I have to ask, why are our businesses and our technicians reimbursed at such a substandard rate? It is very clear that we are not valued for our expertise or for our abilities to learn and adapt. The mere fact that we ARE ESSENTIAL should be reason enough to be paid a proper wage. We should not have to continually grovel and say, “Please sir, can I have more?” The fact that we do have to grovel simply shows that there is a huge disconnect between our industry, the consumer, our legislators and the insurance industry. We, the collision repair industry, are partly at fault. Because we are so adaptable and learn so well, we have adapted over the last 34 years to the suppression brought to bear on us. We have learned to do better and more with far less. It is very clear that we have reached a critical time in our existence. We have exhausted all measures of efficiency. Our technicians are maxing and aging out. Those who have not moved on to other jobs stay because they love what they do and because the job they do is “so cool.” Sadly, no matter how much you love your job, nor how cool, exciting and challenging it is, if it does not provide you with the ability for a certain quality of life now and in the future, what is the point? That is exactly the question so many current and future technicians ask themselves daily. As we see our ranks of technicians leaving and aging out with no new blood entering at a rate that will sustain the collision repair industry, it is clear that now is the time to go all in. Yes, as an industry, we have been chasing Labor Rate bills for nearly 18 years now. The last two years have been frustrating at times, but HB 1111 has the most support of any bill ever addressing the labor reimbursement rate. Although some viewed the LRSC hearings as an exercise in futility, the process has more than emphasized the critical state of the collision repair industry and the need for immediate action. The report has been positive on that point. It is very clear that the legislators still need to react to the collision industry’s needs. We cannot afford to let history repeat itself as it did after the 2008 LRSC findings and report. AASP/MA will, with your assistance, continue to bring pressure to bear on our legislators and the insurance industry by keeping the issue at the forefront. As I write this message, it is my sincere hope that our rally continued on pg. 30
New England Automotive Report
June 2022 9
10 June 2022
New England Automotive Report
New England Automotive Report
June 2022 11
[LOCAL] NEWS
by Alana Quartuccio Bonillo
Al Brodeur’s Auto Body Named Small Business of the Year by Marlborough Chamber Congratulations to Al Brodeur’s Auto Body for being named Small Business of the Year by the Marlborough Regional Chamber of Commerce during its recent Heroes Among Us celebration. “I was really Al Brodeur and Molly Brodeur pose with flabbergasted,” their Small Business of the Year trophy. exclaimed Molly Brodeur, who knew her business was nominated but was completely taken aback by the announcement at the event. “I was not expecting to win. It was really an honor. We’ve been in business for 52 years, and it was nice to have fellow business owners acknowledge us like that.”
12 June 2022
New England Automotive Report
Molly was happy that her father, Al Brodeur (the shop’s namesake and founder of the business), was also in attendance, enabling them to accept the award together. Molly took over the operation in 2017 when her father retired. Molly was proud to be part of this event as the program also paid homage to all the doctors, nurses and emergency workers in the community. Additionally, the chamber acknowledged the struggles local businesses faced over the past two years. “There was an overriding theme about what businesses dealt with and how the business community came together to support each other throughout the pandemic.” Each year, the Marlborough Regional Chamber of Commerce puts together a nominating committee to establish a slate of nominees for its annual awards. Members of the chamber vote, and the results aren’t revealed until the event. “The other nominees were also longstanding businesses in the community, so it was really an honor to be acknowledged this way,” she added.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
New England Automotive Report
June 2022 13
[LOCAL] NEWS
by Alana Quartuccio Bonillo
AASP/MA Member William “Bill” Johnson Runs for Western Massachusetts Senate Seat One of AASP/MA’s longtime members is seeking office in the state Senate. William “Bill” Johnson (Pleasant Street Auto Body; South Hadley) has announced his candidacy for the Hampden/Hampshire/Worcester district in western Massachusetts. He has owned his business for 41 years. Covered under the umbrella name – the Johnson Groups – the operations include the body shop, a towing and transport division known as Hampshire Towing, real estate holdings, credit card processing, a mechanical division and more. Public service is nothing new to Johnson who has served in various positions from the municipal to state level for the past 35 years. He started out serving on the Conversation Commission in his hometown. He served as Granby selectman for 15 years and held positions on various municipal and state boards. He is president of the Statewide Towing Association, Inc. and served as president of the AICC, a selfinsurance workers comprehensive group. He has also given back in the area of education by serving on the Pathfinder Regional Vocational High School (Palmer) school committee for 13 years, and he was appointed by the governor to serve as a trustee to Springfield Technical Community College. For the past seven years, Johnson has been serving on the Auto Damage Appraiser Licensing Board (ADALB), another position he was appointed to by the governor. “My interest in running for public office has always been a part of me,” shares Johnson. “I’ve been very involved in different organizations over the years; this opportunity to run for Senate came up, and everything in life is timing. Both my boys are involved in the business, so I’m looking to take a bit of a step back from that, and this really seemed like perfect timing. “It’s an open seat in a new district,” he continued. “I always try to give back and try to make improvements. I want to improve things for my children and granddaughter…and for everyone’s children and grandchildren.” Johnson believes people are not happy with “the status quo.” He supports parental rights as it relates to children’s education, believing they should be engaged and have knowledge. “You’ll never hear me say ‘defund the police.’ I think we need to fund public safety.”
Johnson doesn’t like to use the word “better” when it comes to bringing on positive change. Instead, he’d rather work toward balance. “I believe we should be mindful of the tax dollar. That’s what I want to bring to Beacon Hill. I want to bring balance back to it and be the voice of reason to the people of the district.” When it comes to the collision and towing industries which he knows inside and out from a business owner’s perspective, Johnson is committed to using his input to help streamline things any way he can. “The current system in Massachusetts is crushing these industries, and there is no legislation or any support. Insurance companies are running over both industries. As an elected official, I can give input to help bring balance. We need to find some solutions on the state level.” One of the things he’d like to see happen is for the ADALB to be moved from the control of the Division of Insurance to the Division of Occupational Licensing. AASP/MA has put its wholehearted support behind HB 4242 which sets out to accomplish exactly that. The association has also put its support behind Johnson and is publicly endorsing his campaign. “All the years that I’ve known Bill, he has always exemplified an obvious love for the industry, concern for consumers and doing what is right for both consumers and the collision repair industry,” comments AASP/MA Executive Director Lucky Papageorg. “Bill’s qualifications, knowledge and real-life experience make him an exceptional leader and candidate for the senatorial seat, and we are confident he will bring positive change to Beacon Hill. He is a no-nonsense, non-partisan business and community leader who will bring common sense to the Commonwealth.” In support of Bill Johnson’s campaign, the association encourages collision repairers across the state to show their support by contributing to Committee to Elect William Johnson for State Senator, PO Box 95, Gramby, MA 01033.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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14 June 2022
New England Automotive Report
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New England Automotive Report
June 2022 15
[LOCAL] NEWS
LRSC’s Report Offers Possible Solutions Despite Insurer Impliability In a demonstration of speed and progress that is typically uncharacteristic for the government, the Labor Rate Special Commission (LRSC) issued a report detailing possible solutions within days of its final meeting. Offering six potential recommended solutions, the “Report of the Special Commission on Auto Body Labor Rates” indicated strong support for legislative action to regulate reimbursement rates with five options including governmental intervention. Established pursuant to Chapter 24, Section 130 of the Acts of 2021, the LRSC was created to review issues related to auto body rates and the auto body industry in an effort to determine whether legislative action is needed to protect consumers and ensure an adequate reimbursement rate to the claimant in an environment where those rates have remained nearly stagnant for the past 30 years. Following the LRSC’s inaugural meeting on December 15, 2021, the commission held two public hearings. The first, held January 25, featured testimony from over 30 individuals, as well as 90 written testimonies. The second hearing, held March 22, included verbal testimony from nearly 40 industry professionals in addition to 10 submitted in writing. At the suggestion of LRSC Co-Chair Representative James Murphy (D-Weymouth), a fourth and final meeting was held April 4, which involved a tour at Assabet Valley Regional Technical High School in Marlborough to benefit the commision as it compiled its findings. During this meeting, Murphy repeatedly reminded participants that the commission was charged with studying the issue of auto body Labor Rates and coming up with possible solutions to address that issue. He also solicited members to submit possible solutions to be included within the final report. Throughout the hearing process, several members of the commission expressed concerns that nothing would come of the LRSC’s findings. “A commission happened in 2008, and there were no solutions offered by the insurance industry, so the Labor Rates remain stagnant,” lamented Jack Lamborghini (Total Care Accident Repair; Raynham). “I hope that the insurance industry would offer a realistic solution to what the Labor Rate is relative to real numbers. “I’m very fearful, honestly, that once again, nothing gets done,” he continued. “Or that a solution that’s offered up by the insurance industry is going to be so inadequate that we’re going to have a real problem going forward.” In response, Murphy encouraged LRSC members to share 16 June 2022
New England Automotive Report
their thoughts on possible solutions for inclusion in the report and expressed a hope that “together as a group, this commission can move forward in a positive direction [and] come up with some solutions that will allow cars to be properly fixed, allow the industry to survive and allow the insurance companies to do what they do.” Within a mere seven business days, the LRSC’s final report had been drafted to include several possible solutions, and the 13-member commission voted 10-3 in favor of the report, with the LRSC’s three insurance industry representatives being the sole dissenters who provided unfavorable recommendations. The previous commission’s findings – and the insurance industry’s resistance – were referenced early in the 2022 LRSC’s report in reference to the history of auto body Labor Rates: “Since the Report of the Special Commission on Auto Body Labor Rates released in 2008, the Labor Rate paid by insurance companies has remained nearly the same, although the 2008 report’s recommendations stated that the Labor Rate had not kept pace with increases in similar industries. While the auto body industry’s conclusion suggested the need for immediate relief, the insurance industry’s conclusion stated that the industry and market needed time to adjust to new guidelines and standards. The Labor Rate paid by insurance companies in 2008 remains the standard today.” Referring to verbal and written testimony provided during the commission’s four-month process, the report indicated that although “managed competition for the insurance industry ended in 2008 through changes in the Code of Massachusetts Regulations” which allowed for the negotiation of auto body Labor Rates, “the auto body Labor Rate has not increased significantly, and auto body shops across Massachusetts have stated that without an increase in the Labor Rate or the power to negotiate the Labor Rate with appraisers, auto shops will begin to close due to shop owners not being able to afford to run a business or retain employees.” Indicating that the collision repair industry is losing technicians to other trades that can afford to offer higher wages, the LRSC’s report specifically noted that the average collision repair salary in Massachusetts is only $47,400, compared to the mean wage for all industries of $72,940. The “Report of the Special Commission on Auto Body Labor Rates” went on to recognize that the auto body Labor Rate “has not increased significantly since 1988” and “must be addressed.” The LRSC offered six recommendations and potential solutions, including proposals from AASP/MA and the Massachusetts State
by Chasidy Rae Sisk
Automobile Dealers Association (MSADA). 1. Status Quo: While the LRSC noted that a possible option is to continue the current process by which insurers and body shops negotiate a Labor Rate, the commission expressed its belief that “This is not a viable option and will not provide a long-term solution to the issue of auto body Labor Rates." 2. Pending Legislation - Surrounding State Average: Observing that the Committee on Financial Services currently has four bills before it that would “create a government-set Labor Rate that insurance companies would be required to pay auto body repair shops based on the average Labor Rate of surrounding states,” the second recommendation focused on adoption of either House Bill 1048, House Bill 1152, House Bill 1178 or Senate Bill 711. 3. Pending Legislation - Inflation Adjusted Rate: An alternate option includes adoption of House Bill 1111 or Senate Bill 709, which have also been submitted to the Committee on Financial Services and, if passed, would result in adjusting the 1988 Labor Rate in accordance with inflation over the past 20 years. According to AASP/MA, this would result in a current labor reimbursement rate of approximately $78 per hour in the Commonwealth. 4. AASP/MA Recommendation: AASP/MA proposed three possible approaches to resolving the current situation. One option would be immediately increasing the minimum reimbursement rate to the claimant by $33 with yearly adjustments based on the CPI in the northeast region. Another option would be to pass House BIll 1111 in the current legislative session, but the association provided a final recommendation to pass House Bill 1111 “with an adjustment in the correction period increased from two years to three years from passage.” This would include an immediate increase of $18, followed by a $10 increase in year two and an increase of $5 (plus the CPI factor from the previous two years) in the third year; the revised legislation would also call for “continued increases or decreases based on the CPI thereafter.” 5. MSADA Recommendation: MSADA suggested “a conceptually simple solution” in the form of newly proposed legislation. “An Act Establishing the Fair Calculation of Labor Rates Paid by Insurance Companies to Auto Repairers in the Commonwealth” would allow the insurance commissioner to set minimum hourly Labor Rates that insurers pay on insured claims based on using “100 sequential customer-paid collision repair orders or 60 consecutive days of customer-paid collision repair orders, whichever is less, from which the repairer shall calculate the average customer paid hourly Labor Rate” and which would then be “declared the minimum hourly Labor Rate that an insurer will pay to the repairer.” 6. Legislative Recommendation - Establishment of a Labor Rate Advisory Board: The commission also suggested establishing a permanent Labor Rate Advisory Board to “address any and all issues related to auto body Labor Rates” and which would consist of the insurance commissioner, attorney general, three insurance representatives, three industry representatives appointed by AASP/MA, a member from vocational-technician schools, a member appointed by the MSADA, two consumer
advocacy representatives and an economist. The Board would be charged with collecting relevant industry data and creating an annual survey. Furthermore, “in order to provide a long-term solution, the results of the survey and the collection of said data shall be reviewed and analyzed by the advisory board annually. This data shall be used as factors to provide a basis and recommendation for which the Board can discuss a fair and equitable Labor Rate.” AASP/MA feels that establishing a Labor Rate Advisory Board should be considered as a last resort since this option is less expedient than some of the other proposed solutions. The association believes that collision shops need and deserve swift action to correct the direction the industry has been headed. The goal of AASP/MA’s proposed tiered approach “addresses the immediate need for an increase to bring technicians back into the industry, while making the industry more appealing to younger individuals in the vocational schools. It also allows the insurance industry a corrective period and the ability to calculate their premium needs during the transition to a fair and equitable labor reimbursement rate,” the association explained. “For decades, the insurance industry has shown an inability to even acknowledge the issue, nor change their business practices,” AASP/MA continued. “During the meetings, they offered no viable alternatives or solutions to suggest that anything other than a mandate would change the business environment. That mandate must be that insurers compensate fairly and properly for the increased cost to repair today’s vehicles.” The veracity of this claim was confirmed by the fact that in addition to the unfavorable recommendation submitted by insurance representatives sitting on the LRSC, none of the recommendations were submitted by insurers, perpetuating their history of inaction as they continually contest efforts to ensure the safety and adequate reimbursement of Massachusetts motorists. AASP/MA further enumerated upon its belief that immediate legislative action is needed to protect consumers and ensure the future of the collision repair industry: “It continues to be our position that the collision repair industry has done all that it can to increase efficiencies and to contain the costs which repairers have control over. It is evident by the preponderance of the testimony provided at the two LRSC hearings that action is needed now. The consumers in Massachusetts deserve to be protected on our roadways. They should also feel confident that their chosen collision repair facility is able to maintain staff, training and equipment requirements, because they would then be adequately reimbursed for the expertise, costs and the liability involved in the collision repair process.” The LRSC’s final report has been submitted to the Joint Committee on Financial Services and the House and Senate committees on Ways and Means. A recap of the first hearing is available at bit.ly/Fail2Thrive, and a recap of the second hearing can be found at bit.ly/ CriticalCrossroads. View the LRSC’s April 4 meeting at bit.ly/ LRSC0422. Download the final report or view the LRSC’s votes on the report at bit.ly/LRSCreport.
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
New England Automotive Report
June 2022 17
AROUND THE INDUSTRY
TGP Senior Vice President Alicia Figurelli Honored Among 2022 Most Influential Women at Women's Industry Network Conference Gala The Women’s Industry Network (WIN®) celebrated its 2022 Most Influential Women (MIWs) at the WIN Gala on May 3 in Greenville, SC. Thomas Greco Publishing (TGP) Senior Vice President Alicia Figurelli took her place among the seven women being honored this year for her contributions to the collision repair industry. “The WIN Gala is a celebration of our organization, its mission, accomplishments and our future,” WIN Conference Emcee Chelley Canales announced as she welcomed attendees. “The MIW award recognizes outstanding women in our industry who may have a long list of accomplishments or just be starting out with aspirations of making a difference in the future of our industry.” WIN’s 2022 MIW awards were presented by 2019 MIW Kathy Mello and 2020 MIW Kristle Bollans. “Alicia has spent the last two decades going above and beyond in her duties for the Alliance of Automotive Service Providers of New Jersey (AASP/NJ)," Bollans said. "She has been a crucial part of the association’s success and has also spent time working on projects for SCRS, CIC and many other associations. Alicia has become the second woman ever inducted into the AASP/NJ Hall of Fame in October 2021, and she has also taken many roles in her local community. Please join us in congratulating Alicia!” “Thank you all so much, and congratulations to all of the other incredible recipients,” Figurelli expressed. “Thank you to the MIW Committee and the entire WIN network; you are all amazing. Thank you
18 June 2022
New England Automotive Report
to our clients, the incredible crew at TGP, and of course my husband, Steve, and son, Matthew, who are live-streaming this from the little league field right now. Thank you all so much!” In addition to Figurelli, this year’s honorees include Allison Boever (Repairify), Shirin Hezar (Caliber Collision), Jennifer Hubbard (CCC), Samantha Kita (Gerber), Debbie Menz (Axalta) and Micki Woods (Micki Woods Marketing Genius for Body Shops). The MIW awards honor the women whose career achievements have enhanced the collision repair industry. Since the MIW awards were established in 1999, over 100 inspiring women have been recognized for their visionary leadership and commitment to excellence. For more information about WIN or the Most Influential Women award, visit womensindustrynetwork.com. Thomas Greco Publishing represents a variety of automotive repair trade associations including AASP/MA, the Alliance of Automotive Service Providers of New Jersey (AASP/NJ), the Alliance of Automotive Service Providers of Minnesota (AASP-MN), the Washington Metropolitan Auto Body Association (WMABA) and the Auto Body Association of Texas (ABAT). To learn more about Thomas Greco Publishing, visit grecopublishing.com.
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[LOCAL] FEATURE
by Chasidy Rae Sisk
Equipping Students for Success: Assabet Valley Vo-Tech Wins CREF 2021 Benchmark Grant The shortage of talented technicians entering the collision workforce ranks as a prevailing concern in shops around the country, yet instructors teaching the trade to the next generation of repairers often struggle to generate excitement among their students. This largely results from a lack of program funding, which limits their ability to provide the level of in-depth training required for their students to successfully pursue careers in shops after graduation. Assabet Valley Regional Technical High School (Marlborough, MA) Instructor Kenneth Stukonis’ endeavors to educate and empower students becomes a little easier each time the school receives industry support through the Collision Repair Education Foundation (CREF). Most recently, the school received a $15,000 Benchmark Grant.
Assabet students show off their CREF grant and some of the tools they purchased with the funds “CREF’s support has been incredible in helping us equip our program with the latest and greatest items to elevate our program without placing additional financial burdens on the school,” Stukonis shares. “We used the funds from the 2021 Benchmark Grant to purchase an aluminum dent removal and repair system, 3M Versaflo powered air purifying respirator painters kit and a ProSpot urethane nitrogen plastic welder, but we’ve received smaller allocations of funds nearly every year since we began applying for the grant in 2008, totalling over $30,000 in addition to in-kind donations. They’ve given us so much.” The collision program at Assabet Valley has received a plethora of useful items, including various tools, supplies and even estimating software from CCC One and Mitchell. Just a few months ago, Stukonis received a 3M package through CREF that was filled with sanding discs, sandpaper and related supplies valued at $3,000. “It’s expensive to run a vo-tech school, and the collision
program has a lot of needs. While the school budgets for large ticket equipment, it’s harder to fund the consumables that we need in our day-to-day operations to make sure students are receiving that hands-on knowledge that will help them become great technicians after graduation. Those items can burn through a budget fast! “Funding from CREF allows us to purchase new hand tools when we need them, and we’re able to buy ratchets and sockets when they break,” Stukonis continues. “The resources from CREF have been incredible; we now have mechanical tools and equipment on hand that we could never afford before. They support us on the shop floor and in the classroom with the latest and greatest equipment and knowledge.” Through CREF, Assabet Valley also receives free I-CAR curriculum, allowing students to take 14 online courses to acquire their Pro Level 1 certification in refinishing and non-structural. Students benefit from training with the industry’s best tools and equipment from a skill set standpoint, but the Foundation’s support also has a positive impact on morale. “Who benefits? The students! Knowing that they’re learning on what they’ll use in their future career motivates students to do their best,” Stukonis acknowledges. “We’re able to proactively stay up-todate about teaching our students the things they need to know to be an asset to the industry. There’s no way we could afford to do that without CREF’s assistance. All you do is complete the application; it’s easy money, and I can’t believe more schools don’t participate so they can acquire tools, equipment and supplies as well.” Shops that ultimately hire these students also derive the benefits of CREF’s work to facilitate the industry’s generosity, so it’s imperative that collision professionals get involved with the Foundation and with their local vo-tech schools. “We’re trying to train a smarter, better-equipped student to enter the trade, but we need to know about new technology, training and other industry needs to do that,” Stukonis points out. “Industry involvement allows us to improve our curriculum and ensure that we’re training the best possible new technicians to enter the workforce. Getting involved with CREF is a great way for repairers to give back. We have to invest in future employees, or our industry is going to be in trouble.” “Ensuring that the next generation of collision repair professionals receives the proper training in up-to-date facilities with modern equipment and tools is vital to the industry’s future success,” says CREF Managing Director Brandon Eckenrode. “As the industry is looking for graduating collision students to be ready for entrylevel employment, CREF invites businesses to join in our efforts to support their local programs to ensure that can happen through donated vehicles, tools, equipment and supplies.” Learn more about how to get involved with supporting your local collision repair students by visiting CollisionEducationFoundation.org or follow the Foundation on Facebook, Instagram or LinkedIn. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
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New England Automotive Report
New England Automotive Report
June 2022 25
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[COVER] STORY Want to watch a shop owner or estimator’s blood pressure rise? Merely utter the phrase “insurance appraiser!” Many shops engage in contentious dialogue with appraisers during the appraisal process. As the expert in the repair, it can be quite frustrating to have your Labor Rate be challenged, to have OEM required and recommended procedures be rejected or to be told you’re “the only one.” On the other hand, appraisers argue that they can’t pay more because the Labor Rate is set by the insurance company, they uphold viewpoints that seem contradictory to conducting a safe repair, or sometimes they merely seem uninformed about the repair process in its entirety. Are they even aware of the complexity of modern vehicles? Do they know how heavily shops invest their time, energy and funds into training, tools and equipment? Are they capable of “getting it,” or are they truly clueless? Do they even care? Inspired by our recent feature, “Does the Consumer Know What You’re Worth?” (available at bit.ly/NEARconsumer), New England Automotive Report reached out to several insurance staff and independent appraisers who anonymously shared their thoughts on Labor Rates, OEM procedures and the best ways for shops to negotiate an estimate. Not surprisingly, most appraisers think that insurance companies set the Labor Rate. “Labor Rate is set by the insurance industry or by the
to adhere to the prevailing rate for the area because they don’t want to pay much,” admitted an independent appraiser based in West Virginia. “Shops try to raise their prices, and insurers try to keep costs down.” An independent appraiser from New Jersey clarified: “If the insurance company rejects the shop’s posted rate, the insurer has no problem telling the vehicle owner they’ll be responsible for the additional $25 hourly charge unless they move it somewhere else. The shop then has to make a business decision: Do it for $40, charge the balance to the customer, or have them seek services elsewhere. Unfortunately, a lot of shops aren’t in the position to tell customers to pay the balance or take their car to another shop, so effectively, the insurance company sets the Labor Rate. They claim that prevailing rates are developed based on an audit of all the shops within a market, yet if they only survey all the DRP shops contracted to work for $40 an hour, what do you think that survey is going to reflect as the set ‘prevailing’ rate?” “Insurers collect enormous amounts of data to determine those rates, but it’s usually older data, and it definitely includes DRP rates,” agreed an insurance staff appraiser from Pennsylvania. “Right now, everybody is facing the impact of the workforce shortage, which is pushing wages up, but unfortunately, insurers’ operations do not take that into account. That’s a major frustration point for the folks trying to get the job done.”
IS EVERY APPRAISER
Want to watch a shop owner or estimator’s blood pressure rise?
individual insurance company,” expressed a Massachusetts-based former staff appraiser who now works in a shop. “They all go by the ‘prevailing rate’ which is currently in the $38-42 range in Massachusetts.” “It varies by state to some extent. New England has a lot of exceptions, which is why it's notoriously difficult to get appraisers up there, and in Massachusetts specifically, there are strict laws about Labor Rates; I believe they’re set by the insurance commissioner,” proposed an independent appraiser from Virginia. “Often, the shop has a posted Labor Rate, but the insurer provides us with a rate that we cannot exceed. ‘Prevailing rate’ is the key phrase insurance companies use.” At that point, the appraiser’s job is to negotiate the price between the shop and the insurer, and if no agreement can be reached, “we inform the vehicle owner that they’ll be responsible for paying the difference, or they can choose to take their car to another shop – but it’s 100 percent the vehicle owner’s decision where their car is repaired,” he explained. Some appraisers recognize that shops set their own Labor Rates, though they acknowledge the challenges that simultaneously inhibit shops’ ability to do so. “Shops set their own rates, but the insurance companies want 28 June 2022
New England Automotive Report
A retired staff-turned-independent appraiser residing in Missouri offered a historic outlook. He recalled that shops determined and raised their Labor Rates yearly when he began in the 1960s, but as insurers began establishing preferred networks, they were able to negotiate preferred rates, providing leverage to dictate the rates they’re willing to pay. “The collision industry walked into their own trap,” he indicated in reference to shops eagerness to join DRPs in the early 1990s. “Shops got what they wanted, but a company sending a significant volume of work tends to insist they deserve this or that. These days, insurance companies set the rate 85-90 percent of the time, but some shops are holding the line and setting their own Labor Rates.” Shops should get paid for everything they do to repair a customer’s vehicle, yet often, insurers object to paying for OEM procedures. Do appraisers recognize how important it is for shops to adhere to the OEMs’ guidelines in order to ensure a safe and proper repair? “Any procedure that ensures the vehicle is being properly repaired to its safe, pre-accident condition should definitely be done, but the point of contention comes when certain recommended items could be argued as unnecessary,” the Virginia
by Chasidy Rae Sisk
appraiser said. “The OEM has all the information about the vehicle, so doing what they say makes sense, but it seems like they intentionally make vehicles difficult and expensive to repair because they’re the ones selling parts and services. Likewise, shops always want to do those things because they get more money. That inherent conflict of interest is why the role of appraiser exists in the first place.” “Should they? Yes, but some obviously don’t,” pointed out the West Virginia appraiser. “Lower end shops aren’t up-to-date on some of these procedures; education isn’t a top priority for them, so they’re just doing things the way they’ve always done them.” Repair shops should “absolutely” follow OEM procedures, according to the Massachusestts appraiser. “When I was writing appraisals, I never ran into an instance where we did not pay for that. We recently had a huge job in the shop, and though we could have sectioned a part of the repair, the OEM guidelines instructed us differently. We followed their procedures, and the carrier didn’t have a problem with that.” “OEM recommended and required procedures should be followed 100 percent of the time,” expressed the New Jersey appraiser whose secondary business focuses on diminished value claims. “People don’t know what they’re entitled to, and though the insurer knows, they won’t mention their obligations. When does it become unethical? Successful shops focus on education,
OEM procedures, but arguments arise when those procedures are unclear or the shop doesn’t provide clear documentation. Some shops are notoriously difficult to deal with; they refuse to play ball with insurers, but if you want to do insurance repairs, you have to deal with insurers.” The West Virginia appraiser agreed. “Some shops are laidback and will take whatever you write and supplement it later, but others are real sticklers for every dollar. I want shops to receive everything they’re entitled to, but these days, the estimate is just a starting point. Nine out of 10 times, we’re going to have a supplement. My ability to negotiate the claim depends on the insurer. Some grant me the authorization to approve Labor Rates that exceed the prevailing rate, and others require me to obtain their approval first.” “Shops often asked to adjust their Labor Rate, but rates were set by my employer,” recalled the former Massachusetts appraiser. “Only one company allowed me to negotiate rates but only on the mechanical side; body repairs were still set at a fixed rate.” The Pennsylvania appraiser recognized how frustrating negotiation attempts can become, especially since “the folks they deal with daily have no authority. They may want to negotiate, but their software platform prevents them from inputting rates outside of certain parameters. Appraisers are increasingly limited to what they can and cannot do based on the technology they’re using.
REALLY YOUR ENEMY? Merely utter the phrase “insurance appraiser!”
yet insurance companies hire an inexperienced college graduate to write an estimate and tell you how to fix that car. When I ran a shop and consumers told me, ‘The insurer says you don’t have to do this,’ I’d ask if they wanted the guy with the pen to fix their car…or the one with the proper tools and equipment.” The Pennsylvania appraiser took a stronger viewpoint on the matter: “The shop has to watch their own back legally, so if an OEM says, ‘Do A, B, C and D on this vehicle,’ I strongly advise them to do A, B, C and D! If not, they open themselves up to liability. Unless the insurance companies are willing to sign off and accept liability, shops have to follow those guidelines, or they’ll wind up in front of a judge being sued and possibly even losing their shop. Running a collision shop in the current environment is one of the most difficult jobs in the world, and I have a lot of respect for those guys.” An appraiser’s job is to negotiate the cost of the repair, but shops often complain that negotiations never occur. If that’s their primary purpose, why are they neglecting to perform their duty? Or are shops even attempting to negotiate? “Some shops attempt to negotiate pretty frequently,” the appraiser from Virginia acknowledged. “Here’s the thing: The insurer and the appraiser also want the repair to be performed per
They literally cannot negotiate beyond a certain point because the insurer’s software won’t allow it. “Regional managers have the authority to make those decisions, and that’s who shops should negotiate with,” he recommended. “Larger shops have more opportunity to do that because they have more influence than smaller facilities. In our current situation, we’re experiencing hyper-inflation, supply chain disruptions, a workforce shortage and all sorts of pressures that don’t normally exist, which are complicating matters significantly. Trade groups have a great opportunity to advocate for their members by engaging with regional executives for insurance companies.” “The big ones – Caliber, Maaco, Crash Champions – never seem to fight us. They just write it up and don’t ask for anything… they’re giving away the farm!” The New Jersey appraiser added, “But those conglomerates are 30 percent of the market. Another 30 percent of shops try to get the work away from those conglomerates, so they’re bending over backwards too. That leaves the last 30 percent of shops that are fighting to get it done right. Too many shops depend on insurers for work; insurance companies have body shops cannibalizing themselves.” continued on pg. 40 New England Automotive Report
June 2022 29
PRESIDENT'S MESSAGE
EXECUTIVE DIRECTOR’S MESSAGE
continued from pg. 6
continued from pg. 8
an insurer that doesn’t fit into your business model, makes your life difficult and is unwilling to take care of your customers the way they should. Doctors refuse certain insurance carriers all the time, yet most patients who already have a relationship with their physician opt to stick with the same provider and pay the difference. In our industry, customers are more likely to change their insurer than their body shop! Body shops constantly complain about insurers’ practices, but rather than whining about it, why not take effective action? No one changes unless they understand the cost of continuing to do the same thing, and our objections mean little. Refusing to deal with problem carriers is a more effective way of telling them that there’s a problem…and that they are it! It also gives us an opportunity to better educate the consumer. You’re not the only one certain insurers are treating this way, but it’s your choice whether or not you’ll allow them to continue dictating how you conduct your business. You may want to consider just saying no. I know from experience I am NOT “the only one.”
at the State House on May 18 will have been impactful just by the sheer number of participants protesting against the inactivity, in particular since the 2008 LRSC report. The simplicity and commonsense approach creating a long-term solution to the labor reimbursement rate outlined in HB 1111 should make it a “no brainer.” It is clear that the only opposition came from the allbut-silent insurance industry who truly offered up no alternatives whatsoever when pressed to do so by Representative Murphy, the LRSC chairman. Not only did they fail to offer any alternatives, but they snubbed their noses at the process and all the testimony presented. All three of the insurance representatives voted against the report’s findings. Once again, they showed that, as an industry, they are content with the status quo. Check out the links at malegislature.gov/Bills/192/SD3104, and you will see on page 12 that maintaining the status quo was found NOT to be a viable alternative by the overwhelming majority of the LRSC!
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
IT IS CLEAR…THIS ISSUE MUST BE RESOLVED LEGISLATIVELY, RIGHT NOW!
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS MASSACHUSETTS
AASP/MA PRESIDENT KEVIN GALLERANI is president of Cape Auto Collision Center in Plymouth, MA. He can be reached at (508) 747-0316 or kevin@capeautobody.com.
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New England Automotive Report
AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org.
New England Automotive Report
June 2022 31
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New England Automotive Report
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NEAR_Collision_COL15.indd 1
New England Automotive Report
June 2022 33 9/16/20 9:21 AM
[LEGAL] PERSPECTIVE by James A. Castleman, Esq.
An Insurer’s Decision to Total a Car Recently, it was reported to me that some insurers have become more aggressive in declaring damaged vehicles to be total losses. For collision repair shops, that may mean losing a job sometimes. But for the real party in interest - the vehicle owner - does it really make a difference? After all, the insurer is required to pay the claimant the full actual cash value (ACV) of a totaled vehicle, supposedly putting them in the same position that they had been in prior to their loss. However, the reality is that a car owner is often not really put back into the same position when an insurer pays for a total loss. First, once a car has been driven off of the showroom floor, the vehicle immediately decreases in value, no matter how recently it was purchased, and it is usually impossible to find a replacement that is exactly the same as the totaled vehicle. Even when a car has just been purchased, insurers are still likely to pay less than their insured paid for the car, since it is now a used car rather than a new one – or at least, the car is more used than when the insured purchased it. Second, most car owners are familiar with the quirks of their particular vehicle and know the exact condition that it was in when it sustained damage; however, that can never be the case for the replacement vehicle. Whether or not you have a CARFAX report, you just never know exactly what you are buying, even if it is a new car or a dealer-certified used car. Third, when someone buys a car, they usually finance it. When a loss occurs two years later, the amount of the outstanding car loan often exceeds what the insurer will pay out as the current ACV of the totaled vehicle. What is the insured supposed to do? Not only do they no longer have the car that they bought, they now are put in a position where they are looking for a replacement car, but they also still owe a balance to the finance company for the totaled car. Does an insured have the right to challenge an insurer’s decision to total their car? Well, maybe, or maybe not, depending on the circumstances. Some Background Historically, Massachusetts insurers and the Division of Insurance (DOI) have taken the position that an insurer has the sole and exclusive right to make a determination of whether to declare a damaged vehicle a total loss. In fact, the standard Massachusetts private passenger auto insurance policy says, in regard to first party collision and comprehensive losses: “We will, at our option, repair the auto, repair or replace any of its parts, or declare the auto a total loss.” [emphasis added] Notably, another section of the policy also says: “If we pay for the total loss of your auto, we have the right, if we so choose, to take title to that auto.” [emphasis added] Despite these statements in the insurance policy, it is not really true that an insurer always has absolute discretion as to whether to declare a vehicle to be a total loss, for a number of reasons:
First, the policy language does not apply to third-party property damage claims. For third-party claims, a claimant can always dispute a determination by the responsible party’s insurer that a car has been totaled. Further, even if an insurer does declare a vehicle to be a total loss on a third-party claim, the claimant may have a broader claim for damages, since what the claimant is entitled to be paid is not limited by the insurance contract. Rather, a third-party claimant is entitled to collect all reasonably foreseeable damages that result from the negligent actions of the person who caused the loss. In such a case, it may not be beyond the realm of possibilities to be able to collect damages beyond the ACV of the damaged vehicle – perhaps loss of use damages, perhaps additional costs related to buying a replacement vehicle while still needing to pay off an existing car loan, or perhaps other damages that the claimant can legitimately establish have been caused by their car being damaged. None of this is guaranteed, but it is at least a possibility on a third-party claim. Notably, on a third-party claim, the insurer never has the right to take title to a totaled vehicle, unless the claimant agrees. But if the claimant retains title, the salvage value of the vehicle must be considered in determining the value of the claimant’s loss. Second, despite what the insurance policy says, there are legal standards that an insurer is required to meet in order to be able to declare a vehicle to be a total loss. One major standard is set out in the Auto Damage Appraiser Licensing Board (ADALB) regulations at 212 CMR 2.04(1)(f ): “Whenever the appraised cost of repair plus the estimated salvage may be reasonably expected to exceed the actual cash value of a vehicle, the insurer may deem that vehicle a total loss. No motor vehicle may be deemed a total loss unless it has been inspected or appraised by a licensed appraiser nor shall any such motor vehicle be moved to a holding area without the consent of the owner. A total loss shall not be determined by the use of any percentage formula.” In other words, an insurer’s appraiser legally cannot arbitrarily declare a vehicle to be a total loss. They must determine that the cost of repair plus salvage value is likely to be more than the ACV of the damaged vehicle prior to the loss. Additionally, the insurer cannot legally declare a vehicle to be a total loss, unless a licensed appraiser has inspected the vehicle and determined that it meets the standard for a total loss as set out in the regulation. Another major standard related to total losses is contained in DOI regulations that set out standards that insurers are required to use when determining repairs needed for damaged vehicles. In particular, under those regulations at 211 CMR 133.05, if a vehicle is likely to be a total loss, then the insurer in all cases MUST make a detailed analysis of the ACV and also must determine the salvage value of the vehicle. In determining ACV, the insurer is continued on pg. 38
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New England Automotive Report
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For Genuine Subaru Body Parts, contact the following Authorized Subaru Dealers: Long Subaru 7 Sutton Rd. Webster, MA 01570 800-982-2298 Fax: 508-879-1212 tschube@longauto.com
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475
Balise Subaru 561 Quaker Ln. Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com
Patrick Subaru 247 Boston Turnpike Shrewsbury, MA 01545 508-756-8364 Fax: 508-752-3691 www.patricksubaru.com jlavalley@patrickmotors.com
One Call, One Truck for Eleven Brands!
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June 2022 35
GENUINE NISSAN PARTS MAKE ALL THE DIFFERENCE.
Only Genuine Nissan Parts deliver the fit, reliability, and performance to meet your shop’s collision repair needs. So keep it original, and keep it real with Genuine Nissan Parts. Contact these Nissan dealers for all your parts needs: Mastria Nissan 1305 New State Highway Raynham, MA 02767 Direct Toll Free: 800-248-2458 Direct Fax: 508-802-6118 E-mail: parts@mastrianissan.com
Kelly Nissan of Lynnfield 275 Broadway Lynnfield, MA 01940 Toll Free: 800-698-9280 Fax: 781-598-8026 E-mail: dlocoste@kellyauto.com
Web: www.mastria.com
Kelly Nissan of Woburn 95 Cedar Street Woburn, MA 01801 Phone: 781-835-3510 Fax: 781-835-3580 E-mail: mbosma@kellyauto.com www.kellyauto.com
Balise Nissan of Warwick 1350 Post Rd. Warwick, RI 02888 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!
Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475
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[LEGAL] PERSPECTIVE continued from pg. 34 required to consider ALL of the following for the vehicle in its pre-loss condition: (1) the retail book value of the vehicle; (2) the price paid for the vehicle, plus the value of improvements made, less any applicable depreciation, (3) any decrease in value resulting from prior damage and (4) the actual cost of an available vehicle of like kind and quality. In determining salvage value, the insurer is required to prepare and file a total loss report with the DOI and show how it came to the conclusion that the car has been totaled. Under the same regulation, if the claimant retains title to the vehicle, then the insurer’s appraiser is required to obtain bids from two geographically convenient licensed salvage companies, using the average of the two in making its determination of salvage value. (It is not clear why the regulation does not require this if the insurer takes title.) Additionally, “The appraiser shall provide to the claimant the names and addresses of the potential salvage buyers, the amount of each salvage estimate used by the appraiser in computing the salvage value and the expiration dates of offers, if any, made by potential salvage buyers.” Another standard that Massachusetts insurers must follow is contained within the Performance Standards of Commonwealth Automobile Insurers (CAR), the insurance industry agency tasked with administering the state’s assigned pool of high risk drivers; however, their standards apply to all claims for all drivers. If insurers do not comply with the Performance Standards, they are subject to penalties assessed by CAR. The standards require that insurers “shall not declare any motor vehicle a total loss when a prudent appraisal evaluation would have shown that the motor vehicle could have been repaired at an overall cost less than the actual cash value minus the salvage value.” The standards then go on to mandate that insurers follow all of the requirements of the ADALB and DOI regulations cited above. So, how can a claimant challenge an insurer’s decision to total a vehicle? There is never any guarantee of success, but note the following when deciding whether to challenge an insurer’s total loss decision: (1) Choose your battles. If a car is damaged beyond repair, be realistic about the chances of success. A challenge should be made only when a vehicle truly may be repaired for less than the ACV of the car minus salvage value. What does the repairer say? Can the car really be properly fixed for less than ACV minus salvage value? Are you willing to perhaps accept LKQ parts rather than new OEM parts? What can the vehicle truly be repaired for? What is the real ACV and salvage value of the car, and how strong is the evidence of these values? (2) Consider whether the repairer and the insurer might be able to agree upon a “contract repair” and whether such a repair is going to be acceptable. Under DOI regulations for collision and comprehensive claims, if an insurer is declaring a vehicle to be a total loss, and if the insurer consents, the claimant can enter into an agreement with a registered repair shop to fix the vehicle, provided the insurer allows the claimant to retain the vehicle and the claimant obtains a “salvage title” for the vehicle after repairs are made. NOTE WELL: If the agreement is acceptable, then “the insurer shall not be required under any circumstance to pay more 38 June 2022
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than the actual cash value less the actual salvage…There shall be no supplements paid by the insurer under this agreement. The claimant or the repair shop and not the insurer shall be responsible for any charges that may exceed the agreed contract price. The insurer shall make no payments to the registered repair shop until it receives a completed work claim form and the vehicle has been reinspected by the insurer.” (3) Consider requesting arbitration of the matter. Any time there is a disagreement as to the amount of money that an insurer owes on an auto damage claim, there is a statutory procedure that can be invoked by either the claimant or the insurer within 60 days of the claim being made. Each side chooses an appraiser, and the two chosen appraisers select a third person as an umpire. Each of the two appraisers conducts their own appraisal, and an agreement between either of the two appraisers and the umpire determines what is to be paid. There is no reason that this procedure cannot be used if a claimant is challenging a determination of a total loss. (4) In appropriate circumstances, consider filing a complaint with the ADALB against the insurer’s appraiser, or with the DOI or CAR against the insurer. If an appraiser has not followed the requirements of the ADALB regulations, then they have violated the terms of their license and are subject to being penalized by the ADALB. If an insurer violates a DOI regulation or if they violate CAR Performance Standards, then they are subject to being penalized by those agencies. This may not get you what you want in a timely manner, but it may make the appraiser and/or insurer change their ways in the future. (5) If you have a very strong case, consider suing the insurer for violation of the Massachusetts Consumer Protection Act by having engaged in unfair claims settlement practices. This avenue may take a lot of time and money, but if you succeed, you may be able to collect three times the amount of your damages, plus all of your legal fees. Again, this is something to consider only in the right circumstances where the insurer’s actions are egregious. But these types of cases tend to send a strong message when they succeed. Conclusion On its face, the standard Massachusetts auto policy seems to give an insurer the absolute right to declare any damaged vehicle to be a total loss. But in reality, this is not truly the case. Insurers are required to follow various regulations and standards in order to make a total loss determination. If you disagree that a vehicle should be totaled, make sure that you know what the governing regulations and standards say. And be aware that you actually may be able to challenge an insurer’s total loss decision and that you have avenues to follow to raise that challenge. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com.
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[COVER] STORY continued from pg. 29 So, shops can negotiate with appraisers, but some negotiations are obviously more successful than others. What’s the most effective way for shops to negotiate with insurance adjusters? “Yelling doesn’t work,” stressed the Massachusetts appraiser. “I’ve had shops scream at me, so I’d leave and tell them to call me when they want to have a reasonable conversation. Write estimates fairly and accurately. Be reasonable and credible, and then stand your ground. In a lot of cases, the appraiser will agree with you as long as you explain and document it well.” “The best weapon a shop has is the recommendation or requirement from I-CAR or the OEM,” according to the West Virginia appraiser, who offered a caveat, “But the shop needs to have supporting documentation and photos to negotiate successfully. Some are extremely aggressive and seem to go out of their way to drive up costs, but I can’t just give them carte blanche to do whatever they want without evidence of why it’s needed.” The retired Missouri appraiser offered some unique insights. “The time-honored way to negotiate is all about reasonableness. Bring it up, and discuss it. Why be bashful? I recently took my own vehicle into a shop, and when they told me the insurer wouldn’t pay for something, I questioned them, ‘Did you ask for it?’ They did three months ago. Well, if you need to get paid for it, you may have to fight for it. Adjusters don’t always understand because they’ve never been taught, but shops try to bill a procedure once, get told ‘no’ and never try again. Whose fault is that? “Have the business decorum to step up and explain that the manufacturer says you need to do this,” he continued. “The adjuster may not believe it, but if you start laying the documentation on the counter, that’s all we can ask – you’re providing what we need to explain to our supervisor. If you don’t provide evidence, we won’t pay for it. If the stream flows downhill, you need to build a solid dam to hold water; it won’t hold anything if it’s not solid. Likewise, the adjuster needs solid documentation to protect themselves and justify their decisions.” Suggesting that it’s important for shops to know what they’re doing and to stand their ground, the appraiser from New Jersey mentioned several shops in his area that are willing to “stick to their guns.” “They have no problem telling an appraiser, ‘This is my Labor Rate, so this is the amount you’re going to pay me.’ I’ve watched appraisers take an estimate to their car, call their supervisor and then pay exactly what the shop asked. Insurers only allow one specific adjuster in many of these shops because they don’t want anyone else to know what they’re paying him. These are the guys who document, send pictures and provide a parts invoice when asking for anything. They meticulously repair vehicles the right way, and if a customer wants something done differently, they’ll tell that customer to take it somewhere else.” “Shops should ensure that the people handling their insurance negotiations understand how the process works,” suggested the Virginia appraiser. “Many people deal with insurance repairs 40 June 2022
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every day and don’t understand the first thing about the claims process, how it works and even who has the authority to do what they’re asking. If an insurer rejects a rate, the shop often takes it as a personal slight against them. It’s not my decision – a lot of insurance companies have set rates, and arguing for a higher rate might be a lost cause unless you talk to someone who has the authority to get you what you want. As appraisers, we’re the middlemen who communicate the insurer’s intent and rules, but we don’t make those rules.” As the Pennsylvania appraiser already stressed, appraisers don’t always have the authority to negotiate as much as they’d like.
"Unless the insurance companies are willing to sign off and accept liability, shops have to follow [OEM] guidelines, or they’ll wind up in front of a judge being sued and possibly even losing their shop." “Shop owners can call the large insurance carriers they work for and ask to talk to the manager, so you can share evidence that their estimates don’t align with your actual costs. If you have a reasonable relationship with the insurer, there may be an opportunity to make a change, but it takes time to contact them and provide that evidence. That’s frustrating for a guy who is just trying to run his shop, but it’s really the way to do it. Shops and insurers should come together to look at some of the challenges and identify possible ways to fix them. Both entities want cars fixed and returned to their clients. Communication and discussion builds relationships which can provide better solutions.” Negotiations in Massachusetts are often particularly polarizing due to collision shops in the Commonwealth receiving the lowest labor reimbursement rates in the country, despite having one of the highest costs of living. New England Automotive Report asked appraisers one more question: Do you believe that insurers’ insistence on paying Massachusetts shops a labor reimbursement rate of $40 an hour is sufficient for those shops to maintain a high level of repair? “That’s really low, so I don’t see how they could,” admitted the West Virginia appraiser. “That’s terrible! That’s so wrong!” exclaimed the appraiser from Pennsylvania. “I cannot believe they’re able to find competent shops at $40 an hour. My sense is that it’d probably take twice that…and that may still be too low, particularly given the workforce shortage that’s going on.”
The Massachusetts appraiser owned a collision shop in the late ‘80s and shared his remembrances of that time in relation to the question: “The Labor Rate was $26 an hour then, but that was over 30 years ago. Based on the normal cost of living increases over that time period, the Labor Rate should be $65-70, but it’s only gone up $12 in 35 years. Everything else constantly increases by 12, 15 or 20 percent every year.” “That’s a much wider-reaching problem in general in the sense that rates, wages and fees aren’t keeping up with inflation,” the Virginia appraiser pointed out. “Shops used to increase their rates regularly, but every extra cent is like trying to pull teeth with the insurance company who constantly battles to keep severity down and judges the appraiser by how much they pay out on each repair order. If your salary doesn’t increase yearly to keep up with inflation, you’re essentially taking a pay cut. Body repair has gotten more difficult, but shops shouldn’t be doing harder work for less money. Vehicles are getting more expensive, and more vehicles end up being total losses. That doesn’t benefit the shop, the insurer or the vehicle owner. It’s becoming impossible to repair any vehicle through the insurance process.” He also expressed concern with the impact that low Labor Rates have on the ongoing technician shortage: “If repair capacity falls below a certain threshold, that could fundamentally change what it means to own a car, so if you’re a vehicle owner, the tech shortage is your problem too. Insurers need to pay shops more so they can adequately compensate their technicians, but then it becomes more expensive to buy and insure a car. Where does it end? It’s a feedback loop that’s going to cause massive disruptions in the automotive and collision industries.” “The quick easy answer is ‘NO’ based on today’s costs and complexity,” the Missouri appraiser hedged. “But the correct answer is a little harder. Why is the rate still that low? Honestly, the collision repair industry could make more progress in the right direction if they learned to work together, not as consolidators but as individual shops. Many shops are afraid to say they need something and have an insurance company get mad at them; they shy away from charging what they should for their business because they’re scared to be rebels. So, they’re at fault too.” With a firm answer of “absolutely not,” the New Jersey appraiser challenged “anyone to tell me of another industry that works for $40 an hour…you can’t even get your lawnmower fixed for that. That’s ridiculous to charge such a low rate. Shops that buckle aren’t doing any favors for themselves – or for anyone else! If shops would only realize that they have all the power, this would be a completely different industry, but body shops are their own worst enemy.”
PROTECTING CONSUMERS AND THE COLLISION INDUSTRY
MASSACHUSETTS
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