New England Automotive Report July 2017

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MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Serving the New England Collision and Mechanical Repair Industry

July 2017 U.S.A. $5.95

www.grecopublishing.com

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July 2017 • Volume 15, No. 7

DEPARTMENTS VICE PRESIDENT’S MESSAGE by Molly Brodeur

CONTENTS COVER STORY

8 | We Need You!

39 “UNCHARTED WATERS:” LOCAL NEWS 18 | Sun & Fun at AASP/MA’s “BBQ with the Board”

NATIONAL NEWS 22 | Database Enhancement Gateway Announces New Administrator 26 | MS Attorney General Publishes Consumer’s Guide to Insurance and Auto Body Repair

NATIONAL FEATURE by Tom Slear 28 | Insurers & Scanning: A “Very Big Disrupter”

LEGAL PERSPECTIVE by James Castleman, Esq. 33 | Claim Denied? But I Already Fixed the Car!

ALSO THIS ISSUE 10 | A MESSAGE FROM THE EXECUTIVE DIRECTOR 14 | AASP/MA SPONSOR INFO 15 | 2017 AASP/MA ANNUAL GOLF OUTING INFO 44 | AASP/MA MEMBERSHIP APPLICATION 48 | AASP/MA CLASSIFIED FORM 50 | FOR SALE 50 | INDEX OF ADVERTISERS

OFFICIAL ADALB HEARING ON THE HORIZON

by Joel Gausten

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PRESIDENT’S MESSAGE

WE NEED YOU! MOLLY BRODEUR

As readers of this magazine surely know by now, one of AASP/MA’s most pressing initiatives over the years has been making our Labor Rate Bill a reality for repairers throughout Massachusetts. As I write this message, we are once again on the precipice of future motion throughout the Legislature. To continue this advancement, we need your help.

The Labor Rate Bill has progressed up to the Financial Services Committee, and the AASP/MA executive team has been working very hard with Jamie Eldridge (Senate Chair of Financial Services) and Aaron Michlewitz (House Chair of Financial Services) to get a commitment on a hearing date prior to the Legislature breaking for the summer on August 1. As soon as we have that commitment in place and a hearing scheduled, we will be reaching out to our members to lend their voice to our mission.

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Whether you visit the State House with us on the day of the hearing or call your legislator to urge his or her support of this Bill (or ideally both of those things!), your assistance could mean the difference between our Labor Rate Bill moving favorably out of committee…or stalling.

Be on the lookout for a “call to action” from AASP/MA as soon as we receive the date commitment from the Senate and House Chairs. When it comes, please make yourself and your staff available to show up to Beacon Hill with us on the day of the hearing. We will have the opportunity to pack a hearing room and both vocally and visually show the support for our cause to those who will decide the Bill’s ultimate fate – so needless to say, the more repair professionals we have on site that day, the better.

However you choose to help us support the Labor Rate Bill, we appreciate it! And the fact is that we need

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AUT M TIVE STAFF

AASP/MA EXECUTIVE COMMITTEE PRESIDENT

PUBLISHER

CREATIVE DIRECTOR

Thomas Greco (thomas@grecopublishing.com)

Lea Velocci (lea@grecopublishing.com)

SALES DIRECTOR

EDITORIAL ASSISTANT

VICE PRESIDENT

Alicia Figurelli (alicia@grecopublishing.com)

Nick Fernandes (nick@grecopublishing.com)

Adam Ioakim

EDITORIAL DIRECTOR

PRODUCTION

SECRETARY

Joel Gausten (joel@grecopublishing.com)

Donna Greco (donna@grecopublishing.com)

Molly Brodeur

Ray Belsito, Jr. TREASURER

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

Kevin Gallerani IMMEDIATE PAST PRESIDENT Paul Hendricks

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR Rick Starbard www.grecopublishing.com New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2017 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

AASP/MA DIRECTORS Darlene Andrade Matthew Ciaschini

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Gary Cloutier

AASP/MA EXECUTIVE DIRECTOR

Alex Falzone

Jillian M. Bukhenik 12 Post Office Square, 6th Floor Boston, MA 02109 Phone: (617) 574-0741 Fax: (617) 695-0173 Email: jzywien@aaspma.org

Joshua Fuller Kevin Kyes Peter Langone

WWW.AASPMA.ORG

Frank Patterson Mike Penacho

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you all, plain and simple. So please, contact your legislators. Tell them about your business, and explain how working with the lowest Labor Rate in the country has impacted your livelihood. Let them know how important this legislation is to you, and how support of this Bill could ensure not just your future success, but the future success of the Massachusetts repair industry as a whole. Come stand strong with us on Beacon Hill, and help make a difference for all of us.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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

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A MESSAGE FROM THE EXECUTIVE DIRECTOR

Let’s Have a Chat!

JILLIAN BUKHENIK

Dear Members, As you are aware, the mission of AASP/MA is to build the success of the auto repair industry. As such, we have spent the last four years focused on advocating for the industry at various state regulatory and legislative bodies. We have been extremely successful in positioning AASP/MA as subject matter experts and raising awareness on our initiatives. We have worked to streamline the association and provide meaningful services to our members.

Somehow, the value of membership to AASP/MA is not translating to our current and prospective members.

The Board and our staff are embarking on an effort to find out why. Over the summer, we will be visiting shops and vendors to talk to owners and employees about their businesses. We want to understand what your biggest challenges are and what your definition of success is. As our member, YOU drive this association, and we are successful if YOU are successful.

We want to know how you prefer AASP/MA to communicate with you. Do you find newsletters that provide legislative and regulatory updates beneficial, or are daily tip emails more helpful? Do you prefer to attend events like the Clambake, BBQ and Golf Outing, or is there a value in hosting an upscale Casino Night event?

Are the educational seminars and meetings that we host in each region bettering your business? If you have answered “no” to any of these questions, we want to know more about how to get you to answer “yes.”

Without the participation and support of our members, we cannot operate. We need your constant input to make this association better and stronger.

Your Board members will be contacting you in the next few months to schedule a visit from AASP/MA staff.

These visits are NOT sales calls. I would encourage you all to view these visits as an opportunity to share your ideas and provide constructive feedback to the association. Benefit your association by offering guidance as to how we can improve and better serve your needs. I

look forward to meeting with you all to understand your challenges and what you need from AASP/MA. Following our visits with you, the Board will collect your feedback and analyze what we learned about our members and how we can apply that knowledge to the future of AASP/MA. We look to providing a plan of action (based on what we learned) before the end of the year. If you are reading this message and have feedback for us now, please do not hesitate to reach out to me. I would love to hear from you – good or bad. I am eager to find out how to better serve you, the members and the organization as a whole.

Members are the very heart of AASP/MA. Your leaders are very interested to hear from you about how we can all improve the industry in the Commonwealth. I hope that through our interactions, we will come together to build a stronger community. With your help, I look forward to continuing to build the success of the auto repair industry!

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Sincerely,

Jillian Bukhenik

AASP/MA EXECUTIVE DIRECTOR JILLIAN BUKHENIK (formerly Jillian Zywien) has been a senior account executive at Lynch Associates for over eight years.

She can be reached at (617) 574-0741 or via email at jzywien@aaspma.org.

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Prompt &  Dependable Delivery

Experienced and Professional Parts Team

Ask about our Competitive Prices

Fax Line: 508.699.4761 Parts Hours: Mon-Sat: 7:30-5:00

Fax Line: 508.673.6338 Parts Hours: Mon-Sat: 7:30-5:00

Fax Line: 508.316.8397 Parts Hours: Mon-Sat: 7:30-5:00

Parts Line:

508.699.4700 270 East Washington St. North Attleboro, MA 02760

www.firsthyundai.com

Parts Line:

774.888.6666

292 William S. Canning Blvd.

Fall River, MA 02721

Parts Line:

508.316.8410 280 East Washington St. North Attleboro, MA 02760

www.firstfordma.com

www.firstchryslerma.com

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AASP/MA ASKS YOU TO PLEASE SUPPORT AASP/MA SUSTAINING SPONSOR PPG!

Contact AASP/MA at (617) 574-0741 / jzywien@aaspma.org

for information on additional AASP/MA sponsorship opportunities!

NEW ENGLAND’S NEWEST MOPAR DEALER

Hours: M-F: 7am-6pm Sat: 7am-1pm

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Call Us For All Your MOPAR Needs or visit us on the web: www.mcgoverncjdrofnewton.com

For First Time Customers, Call me: Mando Bogosian, Wholesale Manager

Hours: M-F: 7am-6pm Sat: 7am-1pm

TOLL FREE: 800-741-7563 DIRECT: 617-454-2990 FAX: 617-467-0006

Call us and get the right MOPAR parts the FIRST TIME! 14 July 2017

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2017 AASP/MA ANNUAl GOlF OUTiNG

Wednesday, July 19, 2017 Blackstone National Golf Club

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Pricing:

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

227 Putnam Hill Rd., Sutton, MA 01590 11:30am: Lunch for Golfers* ONLY 12pm: Shotgun Start 5pm: Dinner & Award Ceremony

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

*Collared shirts only. No regular or colored jeans.

No cutoff or short shorts. No metal spikes.

TO REGISTER, VISIT WWW.AASPMA.ORG

SPONSORSHiP OPPORTUNiTiES:

THAN KS TO OUR

SPON SORS !

HOLE SPONSORSHIPS: Hole in One Sponsor: $1,500 (2 Available) • Hole Sponsor: $200 (18 Available) COMPETITION HOLE SPONSORS: Closest to the Pin: $500 (1 Available) • Longest Drive: $500 (1 Available)

AddiTiONAl SPONSORSHiPS:

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

Lunch Sponsor: $500 (1 Available) Dinner Sponsor: $500 (2 Available)

CONTACT COLLEEN KANE AT (617) 574-0741 or via email at ckane@aaspma.org for more information.

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THERE HAS NEVER BEEN A BETTER WAY TO BUY THE WORLD’S BEST ENGINEERED PARTS. THEY’RE CALLED “ORIGINAL BMW PARTS” FOR GOOD REASON. FOR UNCOMPROMISING PRECISION AND INCOMPARABLE QUALITY, YOUR BMW CENTER IS YOUR ONE-STOP SHOP FOR EVERYTHING BMW.

For Original BMW Parts, contact one of these authorized BMW centers: BMW of West Springfield 1712 Riverdale St. West Springfield, MA 01089 PH: 413-746-1722 FAX: 413-304-9009 bmwwestspringfield.com

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New Country BMW 1 Weston Park Ave. Hartford, CT 06120 PH: 860-240-7881 FAX: 860-240-7873 newcountrybmw.com

New England Automotive Report

BMW of Stratham 71 Portsmouth Avenue Stratham, NH 03885 PH: 603-772-0000 FAX: 603-772-9436 bmwofstratham.com

BMW of Warwick 1515 Bald Hill Rd. Warwick, RI 02886 PH: 401-821-1510 FAX: 401-823-0530 bmwofwarwick.com

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Original BMW Parts

bmwusa.com

BMW of Sudbury Wholesale Parts 68 Old County Road Sudbury, Ma. 01776 PH: 800-338-3198 FAX: 508-881-7578 bmwofsudbury.com

BMW of Cape Cod 500 Yarmouth Road Hyannis, MA 02601 PH: 508-815-5500 FAX: 508-790-3551 bmwofcapecod.com

The Ultimate Driving Machine®

Wagner BMW of Shrewsbury 770 Boston Turnpike Shrewsbury, MA 01545-3202 PH: 866-438-3997 FAX: 508-925-2291 wagnerbmwofshrewsbury.com

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[LOCAL] NEWS

Sun & Fun at AASP/MA’s

“BBQ with the Board” After the kind of winter we just had in New England, it was great to finally enjoy an early evening of amazing sunshine – and true industry camaraderie to boot.

With one of the first truly great weather days of the year working in their favor, members of the AASP/MA community gathered on May 19 for a “BBQ with the Board” at the SAC Park in Shrewsbury. The much-anticipated event boasted amazing food by Firefly’s, family fun and a host of prizes donated by a variety of vendors and other association supporters.

The festivities were made possible thanks to the following sponsors: Dinner & Dessert Sponsors: Long CadillacSubaru, Albert Kemperle Inc.; Children’s Meal Sponsor: NAPA Auto Parts-Raps Auto Parts Supply Inc.; Children’s Goodie Bag Sponsor: Bald Hill Dodge/Chrysler/Jeep/Kia; Children’s Entertainment (“Ultimate Mobile Gaming

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Truck”) Sponsor: Spray Booth Services and Equipment, LLC; Grand Prize Raffle Sponsors: Hampshire Towing, Linder’s Inc., Imperial Cars Wholesale Parts; and General Raffle Sponsors: Boston Volvo Village and Don Kennett Inc. Grand Prize Raffles at the “BBQ with the Board” included a Samsung Chromebook, a Fitbit Charge 2 Heart Rate+, an Amazon Echo and a Keurig coffee maker. In addition to various gift cards generously donated by Enterprise Rent-A-Car, attendees had a chance to walk away with one of the following General Raffle prizes: KitchenAid 12-piece cookware set, fire pit, breakfast sandwich maker, wireless portable Bluetooth speaker, Aromatherapy essential oil gift set, Speak Out game, golf club brush cleaner gift set, Crock-Pot, KanJam game set, New England Patriots Tailgate Toss bean bag game set, NutriBullet 12-piece

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blender, Spiralizer vegetable slicer, handheld video game console and wine with a cordless opener. The event also featured a 50/50 raffle to benefit the AASP/MA Political Action Committee (PAC) Fund.

AASP/MA would like to recognize and give special thanks to Mid-State BBQ Committee members Molly Brodeur (Al Brodeur’s Auto Body), John Lundy (Imperial Wholesale Parts) and Tom Ricci (Body & Paint Center of Hudson), who worked incredibly hard to help facilitate this event. Also, special thanks to longtime supporter Dave Berube and Spray Booth Services and Equipment, LLC for their continued participation in the association’s Chapter events.

The next major AASP/MA event will be the 2017 Golf Outing, held July 19 at the Blackstone National Golf Club in Sutton. Registration and sponsorships are available now; please visit aaspma.org for more information.

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Audi dealers strive to make you an Audi Genuine Parts fan •

Audi Parts professionals are your subject matter experts on collision parts, replacement components and mechanical items.

•

Many Audi dealers offer technical service support hotline access that can reduce your repair times and help you meet an on-time promised delivery.

•

Installing Audi Genuine Parts contributes toward improved cycle time that helps make both your customer and their insurance company happier.

•

Regardless of the age of your customer’s Audi, Audi dealers have access to over 200,000 part numbers.

No other supplier comes close.

Helping you do business is our business. Order Audi Genuine Parts from these select dealers.

Audi Natick 549 Worcester Street Natick, MA 01760 www.bernardiaudi.com 800.247.3033 Fax: 508.651.6841

IRA Audi 105 Andover Street Danvers, MA 01923 800.774.8411 Parts Direct: 978.605.2182 email: pwalke@iramotorgroup.com www.iraaudi.com

Audi Shrewsbury 780 Boston Turnpike Shrewsbury, MA 01545 508.581.5880 Fax: 508.581.5880 email: parts@wagnermotors.com www.audishrewsbury.com

Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860.282.0191 Fax: 860.290.6355 www.hoffmanauto.com

Mattie Audi 80 William S. Canning Blvd.

Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com

Audi Cape Cod 25 Falmouth Road (at the Hyannis Airport Rotary) Hyannis, MA 02601 PH: 508.815.5600 FAX: 508.568.9410 www.audicapecod.com

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[NATIONAL] NEWS

Database Enhancement Gateway Announces New Administrator DEGweb.org

The Database Enhancement Gateway (DEG; DEGweb.org) has announced the hiring of Danny Gredinberg as the new administrator of the free online service created to address inquiries about collision repair estimating data. With nearly 16 years of collision repair experience as a certified technician, estimator and senior technical repair advisor, Gredinberg brings a wealth of experience and insight to the position, providing a fresh perspective for the DEG. As an experienced user of the DEG in his prior roles, Gredinberg saw great benefit from using it to submit inquiries on errors, inaccuracies or omissions found in the estimating data content. As an enduser, he found the submission site to be an effective mechanism to make positive changes through feedback and interaction with the Information Providers.

“It’s an exciting time to be in the collision repair industry,” Gredinberg said. “The advancement of vehicle technology is evolving and changing quickly – from vehicle construction, advanced driver assist systems, repair methods, tooling and training. We sometimes forget how challenging it can be to capture those dynamic changes to the vehicles and get the information out to the people working on them. The Information Providers rely heavily on the OEMs for information, but there is a tremendous resource in having regular feedback from technicians and collision repair businesses who have the vehicle in front of them and can communicate 22 July 2017

Danny Gredinberg

areas where the data may not align with the vehicle reality.”

Ron Reichen, a member of the Joint Operating Committee, commended Gredinberg for his work experience and skills.

“Danny really seems to be the ideal individual to assume the role of DEG administrator. I’ve had the opportunity to work with him directly in the past through other programs, and I think we all believe his technical aptitude and passion for advancing the industry are going to serve the DEG well. Danny shares the values of the DEG and is committed to continue its legacy in the spirit of March Taylor – doing the right things, the right way for the right reasons.”

Gredinberg assumed control of inquiries starting May 29, and he will work closely with end-users on resolving both existing and new submissions.

New England Automotive Report

“I am really passionate about giving back to this industry and helping to raise awareness and understanding of the information necessary to capture accurate repair procedures. The DEG isn’t [just] about [addressing] labor times; it’s really about helping to educate those using the system to facilitate feedback to those developing it and to get accurate information to the collision repair industry in the most efficient way possible. I’m proud to be a part of it and to have the opportunity to work closely with great organizations like AASP and SCRS to make a difference.”

For additional information about the DEG, or for inquiries regarding estimating data, visit degweb.org.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Contact these Ford or Lincoln Mercury dealers for all your parts needs:

IMPERIAL FORD 6 UXBRIDGE ROAD MENDON, MA 01756 Toll Free Parts: 877-272-0332 Toll Free Fax: 877-800-6316 E-mail: johnl@imperialcars.com First Time Customers call John

SARAT FORD LINCOLN MERCURY 245 SPRINGFIELD ST. AGAWAM, MA 01001 413-786-0430 FAX:413-789-3715 www.saratford.com

© 2017, Ford Motor Company 24 July 2017 New England Automotive Report

SENTRY FORD LINCOLN 4100 MYSTIC VALLEY PARKWAY MEDFORD, MA 02155 PARTS: 617-506-6309 FAX: 781-874-9934 E-mail: pnewell@sentryautogroup.com

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[NATIONAL] NEWS

Mississippi Attorney General Releases Collision Repair Consumer’s Guide Mississippi Attorney General Jim Hood has announced the release of the Consumer’s Guide to Insurance and Auto Body Repair in an effort to help drivers in his state better understand the collision repair process.

“Our Consumer Protection Division receives complaints from consumers about disputes between insurance companies and collision repair shops,” said General Hood in an official statement. “Due to the lighter, space-age materials used in newer-model cars, the repair procedures, machines and training for collision repair technicians are very technical and expensive. In order to place a vehicle back in its pre-accident condition, some body shops have to buy expensive machines or tools and have their technicians trained and certified on the repair procedures for certain makes of vehicles. Some collision repair shops [that] do not obtain these certifications and tools may offer to do a repair cheaper. The goal of the insurance companies is to keep repair prices as low as possible. Therein lies the conflict for consumers to navigate. Our goal is to help consumers be aware of issues and understand their rights in the repair process.”

The Guide was created through the efforts of the Mississippi Auto Repair Task Force, a group convened by the Attorney General’s Office in August 2016 and including the Mississippi Insurance Department, auto body repair shops, insurers, auto manufacturers, aftermarket parts manufacturers and other industry representatives. That Task Force met to find common ground on best practices for the future and discuss concerns and desires to better meet the needs of consumers.

The information provided in the Guide is presented in the following categories: Know What Your Policy Covers Right to Choose Body Repair Shop Proper Repair Pre-Repair Considerations Types of Parts Used in Repair After the Repair Additional Resources “To say this is a monumental day would be an understatement,” offered the Mississippi Collision Repair Association in an online statement. “This is a testament to the good that can come when shops, insurance companies, parts makers and regulators come to the table for the good of consumers.”

However, not everyone is pleased with the creation and distribution of the consumer-focused document, as made clear in a recent Property Casualty Insurers Association of America press release.

“While PCI generally appreciates all efforts to educate consumers on auto body repairs, we are disappointed with the Consumer Guide to Auto Body Repair recently issued by Attorney General Hood. Principally, PCI is concerned that the Guide may confuse and mislead consumers and body shops because it differs significantly from repair requirements proscribed by Mississippi law and from directives issued by the Mississippi Department of Insurance.

Moreover, the Guide does not recognize that insurers and consumers share the same goals following an accident – ensuring the consumer’s well-being and the prompt and proper repair of the damaged vehicle. Nor does the Guide note the important role insurers play in protecting consumers from being taken advantage of when estimates include excessive charges or operations that are not necessary to properly repair a vehicle. Because of the likelihood of confusion for consumers, PCI cannot sign on to or otherwise support the Guide.”

The Consumer’s Guide to Insurance and Auto Body Repair is available online at tinyurl.com/y89cx5vu.

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[NATIONAL] FEATURE by Tom Slear

Insurers and Scanning:

A “Very Big Disrupter” State Farm Claim Consultant/P&C Claims Chris Evans calls pre- and post-repair scans “a very big disrupter,” one of the biggest he’s experienced in his 30 years with the company. The amount of money associated with the procedures is relatively small, yet the discussions that accompany them persist, popping up again and again like in Whack-A-Mole.

In an effort to provide direction, a number of car manufacturers published position papers last year that offered clarity but came with additional confusion. For example, General Motors said this in October: “All vehicles being assessed for collision damage repairs must be tested for Diagnostic Trouble Codes during the repair estimation.

Additionally, the vehicle must be retested after all repairs are complete.”

In their statement issued last June, Nissan agreed with GM up to a point. All Nissans should be scanned following a collision repair, but pre-scans are recommended only “where appropriate.”

Mark Allen, the collision programs and equipment manager for Audi, has not yet written a position statement, but based on what the company’s engineers tell him, he’s inclined to go with only post-repair scans. He believes prerepair scans have a higher probability for abuse than use.

“It depends on what machine you use, who does [the scan], and do they follow the guided fault finding in the repair,” he says.

Small wonder that Evans says, “I would like to have the car companies play a more specific and definitive role in this.”

Then there’s the matter of the estimating companies.

The portion of the collision repair industry that’s supposed to do the studies and come up with the times for specific repair procedures has been missing in action when it comes to scans. As Evans observes, “The estimators really need to be front and center.”

The insurance companies apparently are boxing shadows when it comes to tackling the matter of whether to pay (and how much) for scans. In an effort to get a more precise sense of what they are thinking, New England Automotive Report contacted the 10 largest auto insurers in the United States and the largest international insurer. State Farm and GEICO, numbers one and two in the American market, responded with interviews. Numbers three, five and seven – Allstate, USAA, and Liberty Mutual – showed 28 July 2017

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interest, but didn’t come through with anyone to talk to before deadline.

Farmers (#6) and Nationwide (#8) said they didn’t have anyone available to discuss the issue. Travelers (#10) declined to participate. Progressive (#4) and American Family (#9) did not respond.

Chubb, the large international company, went with “no comment,” an understandable reaction after the media relations disaster precipitated in December by one of its regional US tech specialists who proclaimed in an email that Chubb would allow pre- and post-repair scans on all cars 1990 model year and later. No sooner did the email hit the street then Chubb labeled it premature and proceeded to walk it back, saying that the company policy is to evaluate each repair for the worthiness of pre- and/or postrepair scans.

An 18 percent success rate isn’t what was hoped for, but the two who did cooperate are the largest automobile insurers in the country. State Farm and GEICO have a combined market share of just under 30 percent.

Joe Lacy, GEICO’s director of performance review – “I manage the folks who go out and audit our adjusters,” he says – insists that GEICO feels pre- and post-repair scans are needed and will pay for them.

“We are not going to argue,” he says. “All the manufacturers say it’s necessary. We’ve made the commitment. We are going to do it. How do you argue with manufacturing? It’s a requirement.”

Within GEICO, the problem isn’t resistance, but inertia.

In all large corporations, there’s perfunctory communication

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The insurance companies apparently are boxing shadows when it comes to tackling the matter of whether to pay (and how much) for scans. In an effort to get a more precise sense of what they are thinking, New England Automotive Report contacted the 10 largest auto insurers in the United States and the largest international insurer. and real communication. The former is the plethora of emails and memos that employees barely read and rarely follow. The latter is the notes and guidance from direct supervisors that indicate clearly what action needs to be taken. The former travels quickly but has little effect. The latter travels slowly and oftentimes inaccurately, yet it’s what ultimately moves organizations in one direction or another.

GEICO employs some 3,000 adjusters. Lacy would like to say they are all on the same page, but he knows better.

The approach from a GEICO adjuster should be: If the scan makes sense, then GEICO will pay for it.

“If the shop can do [a scan] in-house – fine,” he says.

“If subbed out, we’ll pay the rate as long as it is competitive. I understand this is a mechanical procedure, and those rates are solid.”

State Farm is more nuanced in their approach. Though Evans claims the company pays for scans “a lot,” the company is not yet ready for a final decision. For now, it’s a case-by-case basis.

“We’re still in a learning mode,” he says. “We’re perfectly fine paying for this procedure as often as we do,

but the problem is that there are still a lot of unknowns.

We’ve seen scanning being requested anywhere from a half hour of labor time from a body shop because they have the tools and equipment to do it themselves, to $600 from another shop because they send a car down the road to a dealership. We just hope the estimating companies move quickly on this, but also accurately. We would hate for them to come out with a cursory approach.”

However that turns out, Evans has one pointed piece of advice for collision repair shops: “In my personal opinion, body shops will have to make an investment. I don’t see scan tools as much different than needing a piece of frame equipment that fixes a unibody properly or changing a paint system from a conventional system to a waterborne system. The shops are going to need the equipment inhouse. It’s a natural progression.”

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Tom Slear is a freelance writer based in Annapolis, MD. He has written extensively about the collision repair industry over the last 30 years.

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[LEGAL] PERSPECTIVE

by James A. Castleman, Esq.

ClAIM DENIED? But I Already Fixed the Car!

I took a call from a collision repair shop owner a couple of weeks ago that caught me off guard. It’s too bad the call came so out of the blue, because the thoughts that I shared with him may have been different if I had some time to consider the problem in more depth. Unfortunately, he did not leave his phone number, and I could not reach him to discuss the matter further. Hopefully, he is reading this article and it will provide him with some better guidance.

The shop owner’s problem was that he had repaired a car, but the vehicle owner’s insurer discovered a coverage issue and decided to deny the claim. The shop already had the owner’s initial check in hand (as well as a supplement check payable directly to the shop), but he had not deposited either one. Now, the insurer was telling him that it was stopping payment on both checks because of the denial of the claim. Meanwhile, the car had gone out the door and the owner could no longer be found.

Did the shop have any right to make a claim directly against the insurer? Quite possibly.

ARE YoU A HolDER iN DUE CoURSE? The legal basis for the shop’s claim against the insurer in this instance is somewhat complicated, but bear with me and I will try to make it at least halfway understandable.

Under Massachusetts law, sometimes when you receive a check for repair services that you have performed, the issuer of the check cannot legally prevent you from collecting on it – even if they stop payment on it.

If they do stop payment, then you can sue them and force them to make good on the check. Even better, if you make yourself aware of the governing law, you can convince an insurer that they have to make good on their check without having to bring a lawsuit.

The key to being able to overcome a stop payment order is establishing that you are a “holder in due course” – a legal standing that gives a person in possession of a check superior rights to get paid. In order for you to be a holder in due course, the check must be a “negotiable instrument” and you must receive it:

for value; in good faith; without notice that it is overdue or has been dishonored; without notice that it contains an unauthorized signature or has been altered; without notice of any claim to the instrument; and without notice that any party has a defense against or claim in recoupment to it.

What is a “negotiable instrument”? It really doesn’t matter if you understand that term, because one of the things that the Division of Insurance did when they issued the Direct Payment regulations was to require that all payments by insurers for collision and comprehensive claims must be either in cash or by “negotiable instrument.” Every check that you receive from an insurer on a first-party damage claim is necessarily a negotiable instrument.

Did you receive the check “for value”? If you have repaired the car, you certainly have. Even if you completed only partial repairs (or only towed or stored the car), you may have provided sufficient value. Did you receive the check “in good faith”? Undoubtedly you did, unless you know that your customer is trying to scam their insurer (or New England Automotive Report

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[LEGAL] PERSPECTIVE you have not actually performed any work and do not intend to perform any).

Did you receive the check “without notice that it is overdue or has been dishonored”? Unless you have been holding the check for many months (or know in advance that it is not going to be good when you actually receive it), then you pass this test, too. And if you do know that it is not going to be good when you receive it (such as when the insurer tells you it is stopping payment before you have the check in hand), then you probably have not released the car yet to your customer. In that case, you have your garagekeeper’s lien to fall back on. You can keep the car until you get paid, enforce your lien and sell the vehicle if necessary.

You almost definitely received an insurer’s check “without notice that it contains an unauthorized signature or has been altered.” This particular element is not really applicable to insurance checks for damage claims.

Likewise, you most likely received the check “without notice of any claim to the instrument.” That is, it is unlikely that the check was stolen or that someone else claims that they are the true owner of it.

If you have advance notice that an insurer is stopping payment before you actually have a check in hand, then you may have difficulty meeting the final element of the test, i.e., that you received the check “without notice that any party has a defense against or claim in recoupment to it.” But if you do have such advance notice, again, you probably still have the car in your shop and can still enforce your garagekeeper’s lien.

If you meet the standard for being a holder in due course, then the obligation of the insurer to make payment to you is absolute. It does not matter that the insurer stopped payment on the check; it does not matter if the insurer has rightfully denied coverage. In fact, even if your customer has lied to the insurer or committed fraud against it, the insurer has to make good on the payment. Further, if the insurer refuses to pay you the amount of the check, then you may have a claim against the insurer for engaging in unfair and deceptive business practices, which may give you the right to collect multiple damages and your attorneys’ fees.

Do YoU HAVE oTHER WAYS To CollECT WHAT YoU ARE oWED? Even if you are not a holder in due course, you may have other ways to get paid if your customer’s insurer denies coverage. Perhaps you have not received a check from the insurer at all, or perhaps you know that there is a chance that the insurer might deny the claim (so that you do not meet the required standard). You still might be able to get paid.

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One of the most effective tools that you have for getting paid, of course, is your garagekeeper’s lien. If you have performed work on a damaged car in good faith with the authority of your customer, then you have a right to keep the vehicle until you get paid. And if you don’t get paid, then you can bring a lawsuit to have the car sold in order to get paid. Further, your garagekeeper’s lien is superior to that of a bank or other lender holding a security interest in the car. If you have any reason at all to think that you may not get paid (denial of coverage, possible fraud by your customer, etc.), then you have the absolute right to hold the car until you do - and you should hold the car.

There is also a legal basis for possibly collecting against your customer’s insurer (or even from a third party’s insurer on a property damage liability claim) if you have reasonably relied to your detriment on representations or actions of the insurer that have led you to believe that you are going to get paid. This is a more difficult standard to meet, and it does not always work, but it is a valid legal theory for possible recovery of what you are owed.

Essentially, you have to establish that the actions of the insurer have risen to the level of a promise to you that you are going to get paid. As an example, has the insurer’s appraiser or inside adjuster told you, “Don’t worry about it; you’ll get paid,” or words to that effect? Have they otherwise strung you along so that you have a reasonable expectation that they are going to pay you? If so, the law says that you may be able to collect from them – even if they deny coverage. Be aware, however, that it is not enough that the insurer has negotiated the claim or written an appraisal; there must be something more.

CoNClUSioN If an insurer stops payment on a check that you are holding for compensation, don’t just lie down and take it. If you are a holder in due course, then they still have to pay you. And even if you do not meet that standard, you still may be able to make sure that you get paid - if you know your legal rights.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 4723424 or at jcastleman@prclawoffice.com.

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

In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it.

For Genuine Honda parts, contact these Authorized Honda dealers.

Bernardi Honda 960 Worcester Road Natick, MA 01760 Parts Direct: 800-247-3033 FAX: 508-651-1220 www.bernardihonda.com

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

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

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

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

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

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

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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: Kelly Nissan of Beverly 420 Cabot Street (Route 1A) Beverly, MA 01915 Direct: 978-921-0146 Fax: 978-927-6823

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 Web: www.mastria.com

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Kelly Nissan of Lynnfield 275 Broadway (Route 1) Lynnfield, MA 01940 Toll Free: 1-800-698-9280 Fax: 781-598-8026 E-mail: BSherman@Kellyauto.com

Kelly Nissan of Woburn 95 Cedar Street Woburn, MA 01801 Phone: 781-835-3510 Fax: 781-835-3580 E-mail: jon.martins@kellyauto.com www.kellyauto.com

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[COVER] STORY

by Joel Gausten or decades, the Auto Damage Appraiser Licensing Board (ADALB) has been responsible for the regulation of motor vehicle damage appraisers in Massachusetts.

While the ADALB’s most common activities include conducting licensing examinations, processing applications and issuing/renewing licenses, the Board can also suspend, cancel or revoke licenses following a hearing process that may result from complaints that are brought before it. On May 17, the Board convened at the Division of Insurance in Boston to begin the lengthy process of determining the fate of a complaint brought against Hanover Insurance Co. and two of the company’s licensed appraisers, James Steer and Paul Horton.

The first step was a “pre-hearing conference” to (among other things) clarify the issues contained in the case, consider the possibility of attaining agreement as to the facts and documents and identify and schedule witnesses. This is the first complaint against an appraiser to be brought to this level by the current Board. (ADALB member Lyle Pare of Plymouth Rock Assurance recused himself from participating in the conference due to his attempt to mediate the underlying complaint in 2016.)

If this first pre-hearing conference was any indication, the process to address this particular complaint will be one of disharmony and delays. Representing the defendants,

F

attorney Owen Gallagher (Gallagher & Associates) set the tone for the morning meeting by requesting additional time to reply to a motion filed by attorney Scott Peary (chief enforcement counsel of the Massachusetts Division of Insurance) in opposition to Gallagher’s previous “motion for [a] more definite statement” on behalf of Hanover Insurance. A “motion for [a] more definite statement” is a means of obtaining a more detailed motion from the opposing party before interposing a responsive pleading.

Gallagher argued that because he only received Peary‘s opposition the previous afternoon, he needed more time to issue a written reply. The request was not warmly received by the Board.

“I think it’s important that we do continue,” remarked ADALB Chairman Gilbert Cox. “[If we are stalemated], this could go on for a long period of time if we don’t act on it now.”

Gallagher stood firm in his request for additional time.

“This is a motion, subject to your counsel and advice, in lieu of an answer stating that there is a requirement for a more definite statement against the Hanover Insurance Company. If it’s denied, there would be an answer filed or some other proceeding potentially contesting the jurisdiction of this Board. But if it’s allowed, it would be a more definite statement to which we can then answer.”

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Additionally, Gallagher suggested that he was planning to file various discovery motions on top of the motion being heard. Ultimately, the Board elected to deny Gallagher his request to have more time to prepare a response to Peary’s opposition.

“We’re going through, you might say, ‘uncharted waters,’” commented Cox. “We haven’t been through this [process] before. We want to do it correctly; we want to comply with the laws the best we can.”

On the matter of identifying and scheduling witnesses, Gallagher stated that he was not ready to proceed because he had yet to go through discovery to determine underlying facts.

“All the Board has before it is a complaint. There’s never been any investigation by the Board, to my knowledge. It’s simply an unsupported complaint by a body shop. It certainly can be the basis for going forward, but under [Massachusetts law], I have the right to subpoenas, discoveries [and]

depositions under certain circumstances – to get the facts before we then schedule a witness.”

Cox asked Gallagher how long he expected this process to take, leading the attorney to suggest that a definitive timeframe was not on the table at this time.

“I don’t think you should ever be arbitrary if you’re trying to be fair about this. I don’t know how long it’s going to take. For example, a witness may not respond to a subpoena, in which case this Board has no power. I would have to go to Superior Court to get an order to get the documents and records that underlie all of this.

Beyond that, the other motions that I intend to file are going to be heard by this Board. You can summarily deny them if you wish, but they’re going to be filed.”

Gallagher’s statement prompted ADALB Legal Counsel Michael Powers to urge the attorney to state for the record which motions he intended to file. Gallagher refused, leaving Powers to express his lack of

patience with the situation.

“I am the clerk [for this conference], and it’s not fair to me if you’re going to come in here and start randomly [stating] that you’re going to do this, that or the other thing.

You’ve been given a notice of action, you were told to come in prepared and now you’re showing up here and you’re telling me – and I’m trying to follow along with these rules – that you don’t know what you’re going to file…If you can give us some guidance as to what you want to do, I can follow it; I can’t follow it if we’re all over the place…This complaint was filed April 14; today’s May 17. I think you should have an idea of what you intend to file for discovery and how you’re going to do it and so forth.

You’re coming in here and saying you don’t know anything. You’re not telling us anything; what would you like to do?”

Ultimately, Gallagher stood his ground, stating that he was “not going to limit” himself by identifying his intended motions at the conference.

“We’re going through, you might say, ‘uncharted waters.’

We haven’t been through this [process] before. We want to do it correctly; we want to comply with the laws the best we can.”

- ADALB Chairman Gilbert Cox

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“I’m claiming my clients’ right to file motions...These things take time.”

After considerable discussion, the Board decided to pause the conference until August 15 to allow Gallagher to file his motions and his answer to his denied request for a “more definite statement.” The actual hearing on the complaint is tentatively scheduled for September 12.

In other news, the Board continues their investigation into Access General Insurance Adjusters LLC, a company domiciled in the state of Georgia and doing business as “Access” in Massachusetts. As discussed in recent issues of New England Automotive Report, Access is currently writing appraisals for claims in the Commonwealth without venturing into the state to view the vehicles in question.

At the Board’s May 17 regular meeting held prior to the pre-hearing conference, Board member Joseph Coyne, Jr. noted that although he had secured Access’ address and the name and phone number of the company’s senior operating manager, his efforts

to make direct contact have been unsuccessful.

“I can’t spend 25, 35 minutes on the phone holding for somebody.

That’s the kind of service you get from this company. We have the address and we have the name; maybe we should just get a letter together letting them know that they’re not following the rules there…Maybe we ask them to explain to us how they’re

conducting appraisals in accordance [with] the regulations in Massachusetts.”

It was agreed that Coyne would draft a letter to be reviewed by Powers before it is sent to Access. Videos of the May 17 regular meeting, the May 17 pre-hearing conference and other past ADALB events are available in the Members Only section of aaspma.org.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

New England Automotive Report

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2017 MEMBERSHIP APPLICATION MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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

*** PlEASE TYPE oR PRINT lEGIBlY *** Primary Contact Name: ________________________________________________________________________________________________ Business Name: ______________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________ Street

City

State

Zip

Mailing Address ______________________________________________________________________________________________________ Street

Phone Number ( E-mail Address

City

)____________________________________ Fax Number (

State

Zip

) __________________________________________

________________________________________ Web Site Address ____________________________________________

MEMBERSHIP TYPE (check one) Collision Repair Shop

ACCOUNTS PAYABLE CONTACT: Name: __________________________________________________

Mechanical Repair Shop

Phone Number: __________________________________________

Both, Collision & Mechanical Repair Shops Vendor

Email:____________________________________________________

RS Number (if applicable) ________________________________ ANNUAL MEMBERSHIP DUES

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

(The AASP membership year is from January 1 to December 31, 2017)

$40/month

$115/quarter

$425/year - BEST VAlUE!

Monthly & Quarterly Dues are Automatic Credit Card Transactions ONLY*

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

ADDITIONAL CONTACT FOR NEWSLETTERS AND LEGISLATIVE UPDATES Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________

Check or Cash

Credit Card:

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Amex

Card Number: __________________________________________ CID Number: ____________ (3#s on back for Visa, 4 on front for AMEX) Expiration Date: ________________________________________ Name on Card: __________________________________________ Billing Address of Credit Card: ____________________________

Email: ____________________________________________________

________________________________________________________

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________________________________________________________

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Signature: ______________________________________________

Name: ____________________________________________________

Date: __________________________________________________

Email: ____________________________________________________

PlEASE CoMPlETE THIS MEMBERSHIP APPlICATIoN AND RETURN IT WITH PAYMENT To AASP-MA oFFICE. 12 Post office Square, 6th Floor • Boston, MA 02109 Phone: (617) 574-0741 | Fax: (617) 695-0173|jzywien@aaspma.org As required by the U.S. Tax Code, AASP of Massachusetts, Inc. informs its members that 75% of the dues paid to the association are tax deductible. The remaining 25% is allocated to legislative activities and is not tax deductible.

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FAX THIS FORM TO NEW ENGLAND AUTOMOTIVE REPORT @ (973) 235-1963 OR EMAIL TO joel@grecopublishing.com.

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Call 603 680-4324 with questions.

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AD INDEX Accudraft Paint Booths ............................OBC Audi Group ....................................................21 Audi Shrewsbury ..........................................25 Axalta Coating Systems ..................................6 Balise Wholesale Parts Express ....................11 Best Chevrolet/Best CDJR..........................IFC BMW Group ..............................................16-17 BMW/Mini of Warwick ..................................5 Colonial Auto Group ......................................4 Empire Auto Parts............................................9 Enterprise ..........................................................9 First Chrysler-Dodge-Jeep-Ram ..................13 First Ford ........................................................13

FutureCure ......................................................41 Honda Group..................................................35 Hyundai Group ..............................................43

Ira Toyota of Danvers ....................................12 Kelly Automotive Group............................IBC Kia Group........................................................46 Linder’s, Inc. ..................................................20 Long Automotive Group ..............................32 Mazda Group..................................................47 McGovern Chrysler Jeep Dodge Ram ........14

Contact: Kevin (508) 747-0316

Mercedes-Benz of Shrewsbury ....................25 Mopar Group..................................................27

or kevin@capeautobody.com

Nissan Group..................................................36

$650

(price negotiable)

Contact: Ed Balabanis (508) 668-8041 or Balshop1@gmail.com

New Left Rear ¼ Panel for VW Jetta 2005-2010 w/ small rocker section removed. Excellent condition.

$75

Location: Seekonk, MA Contact: Dickie-David Cabral (508) 336-7550 or srow@fullchannel.net 50 July 2017

L

Ira Subaru........................................................13

$5,000 or best offer

Located in Walpole, MA

G

Imperial Ford ..................................................24

Continental Flat Rack with two pulling towers, one tower dolly, four clamps and complete UMS (universal measuring system).

Excellent condition

N

Ford Group ....................................................24

Contact: lucie ducharme (603) 624-4086 jenniferp@henrysab.com

Model years 2006-2007

E

First Hyundai..................................................13

(price negotiable)

Rear Liftgate for a 2006 Honda Odyssey (paint code R519P)

W

AUT M TIVE

A LEFT uniside panel with full quarter panel. Bought new. Fits a 2015 Buick LaCrosse.

GM Part # 22997609 List price is $931.83. Cost seller $698.88. Panel is missing a section of the lower front rocker area from the "A" pillar to the "B" pillar

Will sell for $250 or best

E

New England Automotive Report

P&L Consultants ............................................28 Polyvance ........................................................23 PPG ....................................................................3 Robertsons GMC Truck ................................42 Sarat Ford Lincoln..........................................20 Sentry Group ..................................................38 Subaru Group ................................................45 Tasca Group ....................................................30 Toyota Group..................................................49 Volvo Group....................................................37 VW Group ......................................................31 Wagner BMW of Shrewsbury ......................25 Wagner Kia of Shrewsbury ..........................25 Wellesley Toyota/Scion ................................29 Wheel Collision Center ................................42

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