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6 | Dollars Times Hours = Inadequate by Kevin Gallerani
EXECUTIVE DIRECTOR’S MESSAGE
8 | You Only Get What You Tolerate by Evangelos “Lucky” Papageorg
LOCAL NEWS
12 | ADALB Slides Down a Slippery Slope Away From Consumer Protection by Chasidy Rae Sisk
16 | AASP/MA to Offer Motor Vehicle Damage Appraiser Licensing Course
NATIONAL NEWS
24 | Association Leaders React to CA Under-Indemnification Lawsuit by Chasidy Rae Sisk
LEGAL PERSPECTIVE
32 | Stay Ahead of Legal Deadlines: Essential Guide for Auto Body Shops by Sean Preston, Coverall Law
THOMAS GRECO PUBLISHING NEWS
39 | Thomas Greco Publishing Names Alana Quartuccio Editorial Director
18 | AASP/MA General Meeting Recap: Converting Challenges into Opportunities to Get More in '24 by Alana Quartuccio
COVER STORY
7 |
28 | Maximizing Expertise: How Role Segmentation Can Build a Winning Team by Alana Quartuccio
Dollars Times Hours = Inadequate
Many insurance companies insist on paying dollars times hours for refinishing materials, but with shops’ costs increasing all the time, we all know that’s just not a realistic way to calculate what we’re owed. What some shops may not know, though, is how to combat the pressure from insurers who try to force the issue.
The answer is clearly laid out in Massachusetts regulations; 212 CMR 2.04(1)(e) specifies that “With respect to paint, paint materials, body materials and related materials, if the formula of dollars times hours is not accepted by a registered repair shop or licensed appraiser, then a published manual or other documentation shall be used unless otherwise negotiated between the parties.”
Essentially, the law says to provide documentation if you cannot agree on a dollars times hours amount, so in the past, my shop has printed out Mitchell’s guide as documentation. Around 75 percent of insurers will pay an appropriate amount for paint materials based on that guide, but that still leaves a faction that will not. We respond to the 25 percent that still refuse to pay properly by providing a secondary document; we print a pour sheet that shows exactly what we mixed for that individual job.
Still, some of them complain, despite the fact that those
two documents tend to result in very similar amounts. You cannot get much more accurate than a pour sheet that shows the exact ounces measured on the scale, but with certain insurers continually objecting to pay accurate amounts, our shop is looking into purchasing another material calculator that will enable us to provide a third layer of documentation to these insurance carriers.
We are leaning toward Eagle MMS, which lists everything from tape to booth supplies, based on percentages. It covers all the actual materials that we should be getting paid to use on a repair. Of course, Eagle isn’t the only company that makes this type of product. There are other calculators available on the market that do the same thing, so if you’re thinking about investing in one for your shop, take a look at your options to decide what makes the most sense for your business. I know that 3M’s RepairStack allows users to create invoices, and my paint provider also offers an in-house invoicing tool that can be customized for the shop. I’m pretty sure most refinish manufacturers provide inventory tracking and invoicing methods as well. There are plenty of options out there for shops to choose from, but what’s important is that you choose one or more to make sure that you have that documentation.
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AASP/MA
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Membership Application 2024-2025
P.O. BOX 850210
Braintree, MA 02185
Phone: 617-574-0741
Fax: 973-235-1963
Email: admin@aaspma.org
Please complete this form and return to our office via mail, email or fax with your dues payment. Thank You!
As a member in good standing, your shop WILL BE listed on our website Click here � if you do not want your shop listed on our website map for potential customers to find you. If you have any questions about this benefit, call (617) 574-0741, ext. 1.
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PLEASE ENCLOSE PAYMENT WITH YOUR MEMBERSHIP APPLICATION
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Name On Card: _____________________________________________ Signature: _____
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Note: A 4 percent convenience fee will be charged for membership renewal via credit card transaction
I hereby make this application for membership with the Alliance of Automotive Service Providers of MA (AASP/ MA) for membership dues 2024-2025 as provided for in this contract.
*Membership Dues are for a twelve-month period commencing on your anniversary month of membership.
12/23
You Only Get What You Tolerate
There are many well-worn adages we have all become familiar with over the years: "If you don’t ask for it, you will never get it," "If you shoot for the moon and miss, at least you will still be among the stars," "Watch your pennies and the dollars will take care of themselves" or "If you think you can or you think you can’t, you're right."
At our recent "Getting More In '24" General Membership meeting, our speaker referenced the saying, “You only get what you tolerate.” Sadly, this sentiment has been lost in the day-to-day hustle and bustle of getting vehicles in and out of our collision repair shops. Far too many body men, who have not yet transitioned into businessmen, have lost sight of the fact that no one is going to just hand them a collision-damaged vehicle and let them fix it correctly and charge accordingly. These body men, who are not yet businessmen, will be bullied into doing - and only getting paid for - what insurers want to "give" them. They will continue to "tolerate" the bad behavior of insurers, behavior that is detrimental not only to them but to the entire collision repair industry.
For those collision repairers who have made the transition into businessmen, the future is looking brighter! They have “flicked the switch” and have been “Breaking Free” and are now intent on “Getting More In '24.” No longer are they tolerating being abused by insurers who use bullying tactics to coerce vehicle owners into going to “their” shops to get the vehicle repaired “their” way at “their” price. Just a few shops began the “Breaking Free” pushback a while ago. Since the movement began, more shops have said, “Enough is enough. I can no longer sustain a viable business doing what I have been doing!” Shops tolerating insurance appraisers coming in and dictating how a vehicle will be repaired and at their price has become a thing of the past. They are no longer satisfied with only getting what they have been getting!
These service-providing businessmen in the collision repair space have looked at what all other professional services have done while being faced with escalating costs across the board. They know the only way to stay viable is to charge fairly and reasonably for the work performed and the liability that comes with it. They have found, more often than not, that vehicle owners are NOT just price-driven, and those who are, are NOT necessarily the customers they want in the long run. These professionally-minded independent businessmen remember why they got into business in the first place, which is to perform a valuable needed service for their customers while proudly providing jobs within the community. They did not choose to become independent professional businessmen to have a bully tell them how to run their business by becoming an unofficial partner. This is exactly what insurers have done
without any investment and without accepting any of the liability. Keep in mind that some 30-plus years ago, some insurers tried running their own facilities and failed miserably. They opted out because they could not tolerate trying to run a business under the same constraints they impose on others. Now they stand back and watch you struggle; that is, if you are among the ones who will tolerate their bad behavior.
Tolerating is letting someone walk in and out of YOUR business as if it were “their” business, which leads to some shops only getting what the insurance appraiser, on behalf of their insurance bully dictators, is willing to “give.” It is YOUR business, right? The insurance appraiser, whose only job is to “negotiate” a lower figure from your “blueprint” or repair plan figure, should not be dictating to you in your business when they show up. Their goal is to disrupt your day and waste your time. You have the right to require an appointment be made to view and negotiate the damaged vehicle. Once the appraiser arrives, you have the right to require them to sign in. Furthermore, you have the right to require signed field notes if that appraiser is not going to write the supplement on the spot, with the final version being delivered to you the very next day. These are your rights as an independent professional business owner, so why would you tolerate anything less? Tolerating an individual who is not willing to follow the simple requirements of their appraiser's license puts the shop at a disadvantage right from the beginning. These requirements are developed to allow you to repair a vehicle and be paid in a timely fashion while keeping YOUR customer satisfied.
If you decide independently, as other shops have done, to hold appraisers and insurance companies accountable based on the MGLs and CMRs which spell out their obligations and time frames, it means you have decided NOT to tolerate having your bottom line destroyed. You (as others have learned) are under no obligation to store repairable vehicles for FREE while insurance appraisers ignore the time frame guidelines. Shops across the state are making it clear to their customers what their insurer is obligated to do in the claims and repair process. They explain that neither the vehicle owner, nor the shop, should tolerate anything less. In many instances, shops and their customers have been successful in collecting for storage and administrative costs as well as extensions on rental coverages when insurers have caused delays. It all boils down to NOT tolerating bad behavior.
Insurers have become even more difficult to deal with in many ways: speaking to a live person is a challenge – coupled with long wait times on hold, they fail to respond to requests,
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by Chasidy
ADALB Slides Down a Slippery Slope Away From Consumer Protection
Seated under the Division of Insurance (DOI), the Auto Damage Appraiser Licensing Board (ADALB) shares the DOI’s supposed mission of protecting consumer interests and is specifically charged with “adopt[ing] rules and regulations governing licenses under this section in order to promote the public welfare and safety.”
At least that’s what the DOI’s website and Massachusetts General Laws Chapter 26 Section 8G (MGL c. 26 § 8G) assert, but at each gathering to review complaints and regulatory amendments, the blatant bias of the Board’s insurance representatives – as well as Chairman Michael Donovan – serves as a reminder that they are no longer merely dangling on the precipice of indifference to consumers’ concerns; the apathy they exhibit indicates an abject abhorrence and callous disdain for the public welfare they’re sworn to secure.
Early in the June 25 meeting, the Board voted on a request to approve a course for motor vehicle damage appraisals, which was submitted by AASP/MA Executive Director Lucky Papageorg on behalf of the Alliance. Board member Bill Johnson (Pleasant Street Auto; South Hadley/Belchertown) observed that the course had previously been approved in 2017 for Springfield Technical College and pointed out that the ADALB merely needed to provide approval for the association to use the course and its materials to prepare students for the Part-I and Part-II portions of the examination for motor vehicle damage appraiser.
After Board member Peter Smith (MAPFRE) clarified that AASP/MA’s version did not include “anything materially different versus what was previously approved,” a motion was filed, and the ADALB unanimously approved the AASP course. (More information on the course offering can be found on page 16.)
Moving on to the review of proposed amendments to the
ADALB’s Regulation, 212 CMR 2.00 et seq., Board member Peter Smith (MAPFRE) began with the review of 2.01(4) Definitions, debating the need to revise the following words: appraisal, appraiser, independent appraiser, insurer, repair shop and staff appraiser.
Amid the debates about verbiage, Johnson warned his peers, “There's no one fix for it all. It's a slippery slope.” Based on the Board’s discussion, Smith offered to make some minor updates to the definitions to be reviewed at the next meeting before the ADALB moves on to its review of amendments for the next section.
A review of eight complaints – some filed by consumers, others filed by shops – further demonstrated certain members of the Board’s lack of concern for consumer safety, not to mention an alarming tolerance for appraisers who disregard the Regulations the ADALB is sworn to uphold. One unanimous vote to dismiss a complaint was the only time the group agreed.
Votes cast on six complaints (75 percent of the time!) resulted in an unsurprising sequence of events: the ADALB’s insurance representatives did not believe there was cause to move forward, while the shop owners moved to further investigate the complaints. With the votes tied, Chairman Michael Donovan repeatedly aligned himself with insurer interests. Only one complaint will move forward.
At several points during the discussion of disputes, Johnson and Board member Carl Garcia (Carl’s Collision Center; Fall River) lauded the benefits of balance-billing the consumer when the insurer under-indemnifies their policyholder. Chairman Donovan objected to their suggestion. “We’re here to protect the consumer!” he asserted, to which Garcia pointed out, “We’re not doing a great job.”
“You just voted against moving forward with a complaint where the consumer paid $678.45 to get their vehicle out of the shop,” Johnson reminded Chairman Donovan, highlighting the extent of the Board’s failure to protect consumers.
The ADALB is scheduled to reconvene on September 19. Don’t miss detailed coverage of the June meeting, only available in the August issue of Damage Report, AASP/MA’s members-only newsletter.
AASP/MA members are strongly encouraged to listen to the recording of the June 25 meeting in the Members Only section of aaspma.org for a glimpse into the inner workings of the ADALB. View the meeting agenda at bit.ly/ADALB62524
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AASP/MA to Offer Motor Vehicle Damage Appraiser Licensing Course
Starting this fall, AASP/MA will begin offering a motor vehicle damage appraiser licensing course throughout the Commonwealth.
The Auto Damage Appraisers Licensing Board (ADALB) granted their approval to the association this past June to allow the association to use the course and its materials to prepare students for the Part-I and Part-II portions of the examination for motor vehicle damage appraiser.
“I am excited about the opportunity for AASP/MA to offer the auto damage appraisers course at locations across the state,” shares AASP/MA Executive Director Lucky Papageorg. “Course instructors from the collision repair industry will be able to use first-hand experiences to add to the value of the course materials.”
The course will help attendees be well prepared, over the 10 week program, to successfully pass both part one and part two of the examination to become duly licensed auto damage appraisers.
“I’m so pleased we now have the opportunity to offer this course,” expresses AASP/MA President Kevin Gallerani. “I remember taking my motor vehicle damage appraisers test about 20 years ago; it has always felt as though it was run by the insurance side. Although the curriculum will be the same, I am confident that our instructors will not only do a great job but also help provide a different perspective. It’s great that there is now an
option for appraisers to learn from this side of the fence.”
Rick Starbard (Rick’s Auto Collision; Revere), former ADALB collision industry representative and longtime member of AASP/MA, shares his celebratory sentiments.
“It will be good for new appraisers to get this training from the collision side of the industry,” he says. “Most of the people who have taken these courses have been taught by insurance appraisers. No disrespect to them, but they don’t always have the same levels of up-to-date technological training that those in the collision repair industry do. It will be beneficial to the students taking this course to be instructed by those who do this work every day.”
“A key factor in the benefits of attending a course offered by AASP/MA is students will learn not just the basics of governing regulations, but how they apply to the everyday collision and claims process,” Papageorg stresses. “Our goal is to roll out the course beginning in September. Initially, we intend to offer it in two locations, and we plan to add other sites to make it as convenient as possible for potential attendees.”
For more information about AASP/MA, be sure to visit aaspma.org. Email admin@aaspma.org to request to be added to AASP/MA’s email list.
AASP/MA General Meeting Recap: Converting Challenges into Opportunities to Get More in ‘24
Combatting collision repair industry challenges starts with changing one’s thought processes. Moreover, it’s not about what one thinks but rather how one thinks.
“I’m not here to tell you how to run your business; I’m here to get you to think differently,” pledged Dave Luehr (Elite Body Shop Solutions) as he set out to inspire the AASP/MA General Membership Meeting audience to convert challenges into opportunities. The internationally known speaker painted an eyeopening picture of how the “mastermind principle” can help one become more successful and find freedom in their businesses.
“Right now is the best time to be in the collision repair business, even if it doesn’t feel like it,” Luehr insisted. “If you are as passionate about fixing your business as you are about fixing cars, I promise you: anything is possible.”
It all comes down to finding the right opportunities. “It’s so important to differentiate yourself and your business. Don’t try to be a mediocre version of the shop down the street. Take the opportunity to reinvent yourself.” Offering a visual to drive his point home, he stated, “Stop trying to battle giants using the weapons giants use, or you will get slaughtered every time.”
A former body-shop-owner-turned-business-consultant, Luehr shared personal anecdotes which led him to “help independent operators take on the big shots of the world.” He introduced them to three key ideas to consider: developing the mindset of an adaptive leader, building an adaptive culture and staying focused amidst the chaos.
Luehr polled the room on the biggest things that keep them up at night, which elicited answers like ADAS and EVs to technician shortages. “Looking at a daunting list like this creates fear, [but] what if we change the word ‘challenge’ to the word ‘opportunity?’” he asked.
Using consolidation as a noted industry concern, Luehr reminded all that “[consolidators] are not in the collision
L-R: Dave Luehr (Elite Body Shop Solutions), AASP/MA President Kevin Gallerani and AASP/MA Executive Director Lucky Papageorg.
business; they are in the money business. Consolidation can be your friend. Competition can be your friend if you differentiate yourself and not try to act like a better version of the competitors.”
Luehr used Honda Motor Company founder Soichiro Honda as an example of a great success story and someone who “never gave up on his dreams.” Honda was noted to have said, “Instead of being afraid of the challenge and failure, be afraid of avoiding the challenge and doing nothing.”
“I use the word ‘declaration’ all the time,” stated Luehr. “Sometimes, you have to change and do things differently. Never lose sight of that declaration.”
When it comes to productivity, one of the biggest mistakes shops make is “giving low-skilled work to high-skilled technicians.” He compared this to “having brain surgeons empty out bed pans.” The most profitable shops are those that understand this mindset.
There are four entrepreneurial freedoms every business owner wants to embrace – freedom of time, freedom of money, freedom of relationships and freedom of purpose, according to Luehr. The key is “finding freedom through better leadership.” He urged shop owners to think about their own businesses’ organizational structure as one can’t do it alone. Luehr also suggested everyone “get out of your damn comfort zone. Be willing to separate yourself from the status quo. You have to be willing to show up and spend an occasional Saturday learning new things.”
Luehr walked the audience through the five key elements that define a magnetic business and how implementing each can really transform one’s business. One of those areas is understanding if one’s work is meaningful. “Does the work I do really matter?” he posed the question, suggesting, “It’s your job as leaders to connect the dots and help workers understand that their work is making a difference, perhaps in someone else’s life.
Lucky winners Rick Roberts (Midway Collision, second from left) and Mike Penacho (Mike's Auto Body, far right) took home copies of Luehr's book, The Secrets of America's Greatest Body Shops.
How often does your detailer know how much their work made someone smile?”
Good company culture is another key. “Most cultures resemble the person leading the organization. If your culture sucks, you may have to look in the mirror and admit, ‘You’re the problem.’ That’s tough to do, but at least you will understand why it’s the way it is. Oftentimes, you lead by example, so you have the opportunity to literally create the culture you want with intention via your actions.”
He addressed shop productivity by focusing on three main areas: WIP (work in process) management, repair plan accuracy and parts management, and he reminded business owners they have the power to change their lives. “Our problems fade away when you address them at the root.”
Owning one’s role and how they allow others to perceive it is another effective element in becoming more successful. “If you call someone a vehicle damage assessor [as opposed to an estimator], it has some gravitas to it. They literally are engineers who perfect the repair plan.”
Upon closing out the program, AASP/MA Executive Director Lucky Papageorg stressed the importance of being part of the Alliance. “It’s been said, even by someone here in the room today, that one can’t understand why every single body shop in the state is not a member of AASP/MA. If we’re all united – and it’s not an antitrust thing or anything of that nature – we could kick the insurance industry’s ass. We just need to have everyone on the same page sharing a common thought process about who is responsible for the repair of the vehicle.”
by Alana
AASP/MA is grateful to Vendor Affinity Program (VAP)
Silver Level Sponsor Crown Collision Solutions for providing the snacks/beverages at the meeting and also to the VAP sponsors that participated in the event: ADAS Diagnostics Solutions, Coverall Law, Lombard Equipment and World Insurance Associates.
Congratulations to Doug Begin (Vendetti Motors; Franklin) who won the raffle for a FREE one-year AASP/MA membership. This contest was open only to attendees who were current members in good standing. Kevin Gallerani (Cape Auto Body; Plymouth) won the 50/50 raffle and donated his winnings back to the association for its legal/lobbying efforts. Congrats also go to Mike Penacho (Mike’s Auto Body; Fall River) and Rick Roberts (Midway Collision; Norton), who won copies of Luehr’s book, The Secrets of America’s Greatest Body Shops.
Papageorg expressed gratitude to everyone who supported the event helping to make it a great success “We received great feedback from attendees who truly felt they got a lot of value from giving up a Saturday to attend and be surrounded by colleagues who came from all across the state. It was a great day!”
Every shop represented at the event received a thumb drive with materials discussed and a video of the presentation. Shops interested in obtaining the materials from the event can contact Papageorg at lucky@aaspma.org. Stay tuned for more information on upcoming events by visiting aaspma.org/events
COLLISION SIMPLIFIED
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Association Leaders React to CA Under-Indemnification Lawsuit
When a vehicle owner brings their car to a shop after an accident, they typically expect it to be repaired, so it’s a tough blow when they learn their vehicle has been deemed a total loss. It’s even more upsetting when their insurance carrier shortchanges them by undervaluing the actual cash value (ACV) of the loss. Yet, that’s a common occurrence these days as demonstrated by the prevalence of allegations, lawsuits and settlements related to underindemnification.
While shops, vehicle owners and consumer advocates have been bringing these concerns to the forefront for a number of years through a variety of methods, a recent lawsuit in California suggests that this ongoing issue has finally captured the attention of public officials and hopefully indicates that it’s time for these lowball settlements to come to an end.
The Alameda County Consumer Justice Bureau (CJB), under District Attorney Pamela Price, recently filed a lawsuit against Progressive, USAA, CCC Intelligent Solutions and Mitchell
International, which alleges that, in order to maximize insurers’ profits to the detriment of California consumers, the companies “worked together to create and use automobile valuation software to systematically undervalue ‘totaled’ vehicles and pay California insurance consumers less than the actual value owed under the policies” in violation of a number of California laws, including the Insurance Code, Unfair Competition Law and False Advertising Law.
“A vehicle is the lynchpin to life in California. Many residents live paycheck to paycheck and go deeply into debt just to buy a car,” District Attorney Price said in the press release issued by her office. “When an insurance company underpays its customers for a totaled vehicle, that can result in missed loan payments, damaged credit scores, impacted borrowing and the inability to buy a replacement vehicle. That can lead to job losses and even homelessness. California residents and small businesses try their best to follow the law. They expect their insurance companies and affiliates to do the same.”
According to the 69-page complaint filed in April 2024, these insurers not only failed to operate in good faith; they are accused of using specially designed valuation software – created by software developers as a means of manipulating and lowering the ACV of total loss vehicles by utilizing a deceptive set of “comparable” vehicles which allow insurers to lower the reported ACV and coerce customers into accepting lowball settlement offers. Additionally, the complaint indicates that insurers minimize their losses further by reselling the totaled vehicles at auction.
The lawsuit acknowledges that policyholders are only one entity being negatively impacted by this scheme. It also impacts businesses, including car manufacturers and dealers, gap insurance providers, automobile loan institutions and car repair facilities “that lose out on potential repair business when vehicles are systematically totaled instead of repaired.”
Industry leaders weigh in on this scheme and what the CJB’s lawsuit could mean for collision repairers nationwide.
“For far too long, here in Massachusetts, we have seen this method aggressively pursued by many insurers in an effort to unjustly mitigate their financial liability and obligation to the vehicle owners,” notes AASP/MA Executive Director Lucky Papageorg.
“Using the ‘official’ looking computergenerated reports, which can be difficult to navigate by the typical vehicle owner, insurers successfully deter far too many insureds from challenging the validity of the settlement offer as being fair and reasonable. From my own personal experience when approached by insureds seeking assistance, I have found that the settlement offers are significantly lower
at first, but those that are challenged by the vehicle owner will typically increase significantly.
“We have been educating our member shops regarding what to look for and how they may assist their customers by providing them with information,” he continues. “I feel that the only way to thwart the underhanded methods of the insurers, in combination with the information providers, is exactly what is happening in California; a lawsuit may take time to be resolved but will shine a light on the collusion between the parties, which is clearly evident and meant to under-indemnify their policyholders. This practice has allowed insurers to unjustly enrich themselves at the expense of the policyholder. I applaud the action being pursued in California.”
“The outcome will certainly be interesting, especially if any or all of the plaintiffs are found guilty, as it could catalyze similar actions in other jurisdictions,” suggests AASP/NJ President Ken Miller. “The systematic undervaluation of total losses is not a new issue, and I wouldn't necessarily view this case as a solution to the problem, even with a favorable verdict. But we can hope! So, until this problem is resolved, let’s try something different. As service providers, we have a responsibility to edify our customers about the total loss process, inform them about the relevant laws and suggest potential tools to help determine a proper valuation. Armed with the correct information, savvy individuals should be able to negotiate equitable settlements with insurers and avoid being taken advantage of.”
"The idea that insurers under-indemnify their policyholders isn’t shocking…We’ve all known that something isn’t quite right about how insurers 'value' claims for years,” ABAT President Burl Richards points out. “But it is pretty exciting to see a public official taking note of this egregious wrongdoing and making an attempt to defend her constituents. I’ve often wondered if insurance companies will ever be held accountable for shortchanging customers on total losses and also on repairable claims since they often refuse to pay for the OEM-required processes and procedures that are necessary to perform safe and proper repairs. It’s great that one state is taking notice of the under-indemnification scheme that shortchanges consumers and makes it increasingly difficult for body shops to run their businesses effectively. Hopefully, this momentum spreads across the country and creates some real change!"
The CJB’s complaint estimates that the underpayment on an individual total loss claim averages $3,000 to $4,000, creating an “aggregate amount of underpayments affecting California insureds [which] is likely in the billions of dollars,” yet the “unlawful, unfair and fraudulent” scheme continues since it’s unlikely that most insureds will file a lawsuit against their carrier, a fact that insurance companies are well aware of.
“Even if insureds suspect an underpayment, most would conclude that it is not in their economic interest to bring suit against an insurance company defendant over that amount of money,” the complaint points out. “The relatively small amount of any single underpayment and the extremely large amount of the underpayments in the aggregate are some of the insidious aspects of the scheme. An insured should never have to invoke appraisal or sue their insurer to recover money stolen from them by their insurer.”
The lawsuit seeks civil penalties, restitution for California consumers, injunctive relief and associated fees and costs. “Public safety includes protecting consumers from powerful companies that seek only to maximize profits,” District Attorney Price acknowledged in the release. “We are seeking to level the playing field for vehicle owners who face what looks like a rigged game when their car or truck is totaled because a loss of a vehicle can destabilize a person’s life.”
Stay tuned to New England Automotive Report as this situation unfolds.
Why Join WIN?
WIN offers education, mentoring and leadership development opportunities to build critical skills for success in the collision repair market.
• Local/Regional Networking Events
• Annual Education Conference
• Educational Webinars
• Mentoring Opportunities
womensindustrynetwork.com
• Scholarship Program
• School Outreach Program
• Most Influential Women (MIW) Award
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
New Country BMW
1 Weston Park Ave.
Hartford, CT 06120
PH: 860-240-7881
FAX: 860-240-7873
newcountrybmw.com
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
MAXIMIZING EXPERTISE: How Role Segmentation Can Build
A WINNING TEAM
by Alana Quartuccio
“The strength of the team is each individual member. The strength of each member is the team.”
- Phil Jackson
This basketball legend may have been referring to a sports team, but the body shop team isn’t necessarily so different. A shop’s employees should all have the opportunity to use their individual talents and abilities with the end result being a successful repair – aka a win – based on all of their contributions. The typical shop employs a body technician(s), a painter, a detailer and an estimator. There’s nothing wrong with that set up. But what if those roles, and the overall repair process, were broken down further? In other words, what if the whole process was segmented in such a way that professionals could focus solely on the parts they excel at best, therefore helping to make the entire process more efficient?
At the end of the day, it is how one plays the game. Just like how a coach shouldn’t waste his best pitcher’s energy by putting him on first base, a shop owner shouldn’t have his best A-tech vacuuming a vehicle. In an industry that is already trying to survive with a shortage of players, a shop owner has to play to their strengths and recruit the right people to the right roles.
There are shops who have been implementing role segmentation for a number of years and say that it has truly revolutionized the way they repair vehicles, speeds up productivity and keeps employees happy.
Total Care Accident Repair (Raynham) segmented their repair process more than a decade ago, and it’s been game changing for their operation.
“Segmentation allows us to have our highest earners who possess the most skill working on the most complex repairs most of the time,” says Brian Bernard, owner. The entire process is broken down into steps and staffed accordingly by skill level.
“We have a dedicated blueprinting team, so I have two writers and two others performing disassembly. They work together to take cars apart and document with supplements. It’s a very thorough process. Some may take a half-hearted approach to blueprinting; we do a very thorough job of it. Our blueprinting teams are dedicated to that one role. That’s the first key. Obviously, there’s a bit of a transition period while we wait for insurance authorization and then parts, then the car gets routed to the next stage. If a car needs framework, it will go to a frame technician. If it doesn't, it will get routed to one of two other spots. We have a section we call engineering, which means structural work where the frame machine is not needed. There’s a third area set up for smaller jobs that can bypass frame and structural, which we call the body department.
“We create three different routes depending on what the car needs. And then each of those routes is staffed appropriately. I have three guys who are capable of performing framework. Only those three guys perform framework, and I would never let anyone else perform this work. They have all been to frame school and are all I-CAR welding certified technicians. The same applies in the structural area. They are trained, certified and experienced to perform that type of repair. The frame and structural work requires more experience and training. A junior person can do lower-skilled work, so the third path takes cars in for body work, such as small dent repair. There’s a wider variety of people who can perform smaller, faster jobs. After those repairs are done, the car goes to a prepper, then on to a painter, and then to a dedicated assembly team and on to a detailer. Each of those areas are staffed with different people.”
In a world where it’s difficult to find and pay for good help, the shop benefits from this setup as they can leverage their higher-skilled and higher-paid employees on more complex operations, while less complicated tasks can be performed by a number of junior technicians who are still gaining experience. The Total Care Accident Repair team is made up of 16 people, including Bernard.
Efficiency and cycle time have improved substantially.
“By segmenting, everyone knows where vehicles are," Bernard notes. "Faster moving cars can bypass slower moving cars in the repair process. Touch time has improved because each of these bays is staffed by somebody. There’s a manufacturing assembly-line type of environment here. One person will do their portion of the work and hand it off to the next person, who specializes in their portion of the work and then hands it off to the next person after that. There is no wait time in between these hand-off periods. It’s not going in and out of the building, just from one bay to the next where
someone is staffed and ready to work on the vehicle.”
The whole concept comes from what Bernard refers to as lean manufacturing. Long before he – and his now-retired business partner, Jack Lamborghini – opened Total Care Accident Repair, the two of them worked together at a different shop where they began to learn about this concept. “We read everything we could get our hands on, and we visited shops that were in the process of implementing lean repair systems,” Bernard recalls.
It really clicked when they went to Michael Giarrizzo, CEO and president of DCR Systems, who is noted for pioneering this concept. “Michael gave us our ‘a-ha’ moment when we visited his store in Ohio and had conversations with him about what he was doing. That’s when it clicked for us.” Learning from Giarrizzo and other colleagues is what led them to put this in place when they launched Total Care Accident Repair.
Jerry Diorio is an experienced technician with decades under his belt working at flat rate shops, and he too has found Giarrizzo’s process to be a game changer. In fact, it’s what led him to seek opportunity at the Rockland-based The Collision Center, a DCR Systems facility where he has served as the general manager for the past five years.
“I worked 35 years as a flat rate technician,” he explains. “Through flat rate, you find a way to make money and do things as quickly as possible, not necessarily guided by the manufacturer’s instructions, but you have to have some pride in your work, so you try to do your best. I heard about this lean process for about 15 years. I always thought I was kind of doing it as I tried to organize myself. At age 60, I got tired of the flat rate world and decided I wanted to work for a company that implements this process. DCR Systems is the only one that I knew of in Massachusetts that has this environment.
“Michael wasn’t comfortable with uncertified repairs and wanted to put the client first, making sure they had a certified repair done according to manufacturer instructions,” Diorio explains of Giarrizzo’s concept. “We perform a lean system versus a production type shop. In a production shop, they bring in 10 or 12 vehicles in a week, fix them all up in one week. In the lean shop, we bring in one car at a time. We develop a 100 percent blueprint for it with repair instructions that are specific for that one vehicle. We have specialized people in certain areas, such as framework, body work and paint.”
Like Bernard’s facility, Diorio’s operation is also set up to play to the strengths of the employees’ skill levels.“With this process, everyone touches the car in a different way.
“For example, all my BMW technicians are trained in BMW. We don’t feel the need to use a high-skilled laborer to disassemble a vehicle. You can take someone out of a vocational school who is a C- or B-level technician to disassemble and bag and tag. For the back of line reassembly, you probably need a B-tech to read the bags. Everything is itemized, and there’s photos and videos to follow. Everyone is guided. Every car gets the same treatment, whether it’s a bumper job or a larger $20,000 hit.”
Adopting the process doesn’t come overnight. Bernard says it took awhile to get all of the technicians on board with the process at
his former shop when they made the transition. They spent months discussing it and getting ready to put it into place. “We went from having start-to-finish technicians to blowing that all up and changing it. We talked about how we would accomplish this. We closed one weekend, re-laid out the entire shop in a different format and then opened Monday with the lean manufacturing segmented repair process.” Total Care Accident Repair has operated only using this process since its inception.
As Diorio explains, the concept can help shape a young budding technician and keep them motivated to learn more.
“We try to get at least one or two out of vocational schools,” he states. "We can bring them into this process and cross train them. Start them off with the basics of disassembling a car. We don’t need an A-tech to disassemble a vehicle. We’ll start them off with repair planning and blueprinting where they get their feet wet. They may never see that car again until reassembly where these vocational techs can communicate with the reassembly team and be shown how it’s done. It helps give them confidence in what they are doing.”
Not only can this inspire tomorrow’s technicians, helping to bring new people into the field, but it’s making technicians happier today. According to Bernard, “It reduces chaos in the shop environment. Everyone knows what to work on next. We have a visual system to support that. Technicians know what their role is, and if you can eliminate chaos, it means everyone is having a better day.”
It also helps shop culture in allowing people to have time for vacation and personal time. Bernard points out that employees may be specialized in their roles, but there is still cross training involved, so there is backup for every role. Maintaining I-CAR training is always important.
“By segmenting the repair process, we are able to ensure a more consistent higher-level of quality in the cars that leave here. Don’t let someone perform work that they struggle at. Having people work in the area they are best at increases quality, and nobody gets in over their head.”
Bernard’s advice to a fellow shop owner considering it? “I’d tell them they have to be committed. Nobody wants to try and then fail. You need your technicians engaged and you have to educate them as to how and why things will be different. It takes time to get them on board, and there is no shortcut.”
Diorio would also like to see others in the industry adopt this process. He’s found his technicians to be a lot happier in this environment, where they have less stress and can go home at 4pm and spend more time with their families.
It all boils down to fixing cars right. “It’s not about the speed of the car going through the process. It’s about the correctness of the car being repaired. We are fanatics about customers’ cars being correctly repaired.
“It’s basically slowing down to go faster,” he continues, stressing how taking care in every step ultimately results in “a happy customer, happy technicians and a nicer job.”
245 Springfield Street Agawam, MA 01001
413-786-0430
Fax: 413-789-3715 www.saratford.com
Stay Ahead of Legal Deadlines: Essential Guide for Auto Body Shops
As an auto body shop owner, navigating the legal landscape can be challenging. Understanding the statute of limitations for various claims is crucial to protecting your business and ensuring you get paid for your hard work. The statute of limitations sets the maximum time to initiate legal proceedings. Whether dealing with claims against your shop or pursuing claims on your behalf, knowing the key deadlines are crucial.
Auto body shops can face numerous potential claims, including consumer protection issues, personal injury, negligence and breach of warranty. Conversely, shops may need to file claims for unpaid services, breach of contract or damages caused by third parties. This article aims to equip you with the essential knowledge to safeguard your operations, with a focus on consumer protection, personal injury and dealing with insurers.
By understanding the following legal timelines and implementing effective strategies, you can better protect your business and ensure timely compensation. Please note: This article is for informational purposes only and should not be construed as legal advice. For specific legal concerns, always consult with a qualified attorney.
I. Potential Claims Against Auto Body Shops
Auto body shops face a variety of potential claims that can arise from their day-to-day operations. Understanding these claims and the associated statute of limitations may protect your business. Below are some of the most common claims against auto body shops, along with strategies for mitigating risks.
A. Negligence/Tort Claims
Statute of Limitations: Three years (G.L. c. 260, § 2A)
Potential Parties: Customers, employees, third parties
Examples: Improper repair work, slip and fall incidents
Mitigation Strategies:
• Proper Training: Ensure all employees are adequately trained and certified for their roles.
• Regular Maintenance: Maintain a clean and safe work environment to prevent accidents.
• Clear Documentation: Keep detailed records of all repairs and interactions with customers to defend against potential claims.
B. Breach of Warranty
Statute of Limitations: Three years (G.L. c. 106, § 2-318)
Potential Parties: Customers
Examples: Failure to honor warranty on parts/services
Mitigation Strategies:
• Clear Warranty Terms: Clearly communicate the terms and conditions of warranties to customers.
• Quality Control: Implement strict quality control measures to ensure the reliability of parts and services provided.
C. Consumer Protection Claims (Chapter 93A)
Notice Requirement: Thirty days prior written demand from consumers (G.L. c. 93A, § 9(3))
Statute of Limitations: Four years (G.L. c. 260, § 5A)
Potential Parties: Customers, state regulatory agencies, insurers
Examples: Unfair or deceptive practices, compliance issues, bad customer forms, unauthorized procedures
Mitigation Strategies:
• Transparent Practices: Ensure all business practices are transparent and fair.
• Proper Customer Communication: Maintain open and honest communication with customers about services, pricing and any issues that arise.
D. Claims of Property Damage
Statute of Limitations: Three years (G.L. c. 260, § 2A)
Potential Parties: Customers, neighboring property owners, third parties
Examples: Damage to customer vehicles, nearby properties
Mitigation Strategies:
• Secure Storage: Ensure all vehicles and equipment are stored securely to prevent damage.
• Clear Policies: Establish and communicate clear policies for handling and storing customer property.
E. Personal Injury Claims
Statute of Limitations: Three years (G.L. c. 260, § 2A)
Potential Parties: Customers, employees, visitors, third parties
Examples: Injuries on shop premises, injuries resulting from work done
Mitigation Strategies:
• Safety Protocols: Implement and enforce strict safety protocols to prevent accidents.
• Proper Insurance: Ensure the shop has adequate insurance coverage to handle personal injury claims.
F. Violation of Civil Rights
Statute of Limitations: Three years (G.L. c. 260, § 5B)
Potential Parties: Employees, customers
Examples: Discriminatory practices
Mitigation Strategies:
• Non-Discrimination Policies: Develop and enforce nondiscrimination policies in the workplace.
• Training: Provide regular training to employees on diversity, equity and inclusion.
• Understanding these potential claims and taking proactive measures to mitigate risks can help protect your auto body shop from legal challenges.
Stay tuned for next month's issue, where we continue this discussion with a look at potential claims auto body shops might make, strategies for protecting your shop and more.
Coverall Law Managing Attorney Sean Preston finished in the top of his law school class at the historic Howard University School of Law in Washington, DC after serving in the United States Army. He went on to excel in business and legal strategy, serving some of the world's most recognizable brands in neighboring industries. Sean recently returned from Berlin, Germany with his family (where he served in RollsRoyce's General Counsel function) and today resides in Wareham, MA, where he helps to oversee and meaningfully lead efforts in the region for Coverall Law. He can be reached at (508) 635-5329 or via email at spreston@coveralllaw.com
And when it comes to documentation, I believe more is better. After all, shops only get paid for so many things. We sell labor, and we sell parts. (And we all know that we can only do so much with today’s pitiful parts discounts.) We should also be making money from paint and materials. We should be collecting a fair amount for everything we do, and that means not only being compensated for the cost of paint and materials but also being allowed to charge a reasonable markup on those products because we are not charitable organizations – collision repair shops are businesses, and we’re in this business to make money. We shouldn’t be forced to sacrifice our profits for the benefit of massive corporations that collect more in premiums in one month than any of us will ever see in a lifetime!
Now, you may think it’s pretty ridiculous that we need to invest in a new tool and provide three different documents just to collect what is owed to us. And I think you’re right! Why do we have to provide evidence in triplicate?! Will it even make a difference? I’m not sure, but it seems like a pretty good way to make sure we have a solid defense if we have to move forward with filing complaints to the Auto Damage Appraisers Licensing Board (ADALB) which is the next step, in my opinion.
The more information we can provide, the better off we should be. If the insurer wants to ignore one document, provide another and ask them, “Which one do you want to pay?” They can’t tell me all that documentation is wrong, especially when the figures are so close. It’s a lot of work, but we can bombard them with paperwork. The more invoicing we throw at them, the more they have to read to argue; the more evidence we provide, the better the odds are in our favor. But if you don’t ask for it, you’re not going to get it. Let’s not forget that documentation is also key for those of you who balance bill the customer.
As an Alliance, we need to hammer down insurers and keep them busy. Let’s force them into defending their decision when refusing to pay for proper and fair reimbursement for P&M. And if you want to complain about not getting paid, file a complaint with the ADALB. They’re the ones who should be able to do something about this nonsense. If you need help, we are here to assist you in the process. Please contact us.
415 Taunton Ave. | East Providence, RI 02914
Direct: 401-438-2206 | Fax: 401-431-0673
7:30am-7pm | FRI: 7:30am-6pm | SAT: 7:30am-5pm
381 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062
Parts Line: 781-762-9210
Toll Free: 800-559-9210 bchwholesale@boch.com
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: 1-413-587-2900
FAX: 1-413-585-0502 www.liahondanorthampton.com
Honda of Enfield 20 Palomba Drive Enfield, CT 06082
Toll Free: 800-222-6632
FAX: 860-253-5419
www.liahondaofenfield.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
Schaller Honda 1 Veterans Drive New Britain, CT 06051
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
Balise Honda
400 Riverdale St. West Springfield, MA 01089
TOLL FREE: 800-992-6220
FAX: 800-254-3544
wparts@baliseauto.com
www.BaliseWholesaleParts.com
One Call, One Truck for 14 Brands!
Balise Honda of West Warwick
509 Quaker Lane West Warwick, RI 02893
TOLL FREE: 800-992-6220
FAX: 800-254-3544
wparts@baliseauto.com
www.BaliseWholesaleParts.com
One Call, One Truck for 14 Brands!
Here’s to 241 years of combined service excellence
This year, as Albert Kemperle Inc. celebrates its 83rd anniversary, BASF also celebrates its 158th anniversary. We are proud of our decades of partnership with BASF and years of serving the auto paint and body industry together. Kemperle’s founders would be proud of this relationship and the growth their company has experienced because of it.
Today, as we look forward to many more decades of service to our customers, we find ourselves filled with gratitude. The creativity, hard work, and sense of responsibility of the people working for our two companies have made us what we are today.
Thomas Greco Publishing Names Alana Quartuccio Editorial Director
Thomas Greco Publishing Inc. (TGP) is pleased to announce that Alana Quartuccio, an established member of its editorial team, has been promoted to the role of Editorial Director, as of June 1.
Quartuccio joined TGP in May 2018 as the team’s Editorial/Creative Coordinator, a role she has expanded and grown since. A career journalist, she has more than 25 years of professional writing and editing experience having produced content for magazines, newspapers, websites and organizations. She also possesses marketing and event planning experience which provides additional benefits to the TGP team.
“Alana has been an integral part of Greco Publishing for over six years,” TGP President Thomas Greco says. “We are thrilled to have her in this expanded role.”
As Editorial Director, Quartuccio will help oversee editorial operations for the production of the monthly print and digital magazines. She will manage a
team of contributing writers and editors as well as coordinate with the sales and marketing teams at TGP.
Quartuccio is “truly grateful to have this opportunity to take this next step with my TGP family. Since coming on board six years ago, I have become attached to the automotive and collision world. I’ve had the pleasure of meeting and working with so many amazing people along the way. I am excited to continue in my new role, and I can’t wait to see everyone in person real soon.”
Thomas Greco Publishing is the publisher of New Jersey Automotive, Hammer & Dolly, New England Automotive Report, AASP-MN News and Texas Automotive and is the event manager of the NORTHEAST® Automotive Services Show.
WHY GENUINE PARTS?
IRA Toyota of Manchester
33 Auto Center Road
Manchester, NH 03103
Toll Free: 800-828-6076
Direct: 603-657-2410
Fax: 603-657-2419
stirrell@iramotorgroup.com www.iramotorgroup.com
IRA Toyota Danvers
161 Andover Street
Danvers, MA 01923
PH: 800-774-8411 ext.1
Direct: 978-739-8306
FAX: 978-739-8098
www.iramotorgroup.com
Grieco Toyota 415 Taunton Ave.
East Providence, RI 02914
Direct: 401-438-2206
Fax: 401-431-0673
toyotaparts@griecocars.com www.griecotoyota.com
Wellesley Toyota 216 Worcester Street
Wellesley, MA 02481
PH: 800-734-0006
Direct: 781-237-4042
FAX: 781-237-3481
parts@wellesleytoyota.com www.wellesleytoyota.com
Bernardi Toyota 1626 Worcester Road
Framingham, MA 01702
Parts Direct: 800-248-3033
FAX: 508-879-7895 www.bernarditoyota.com
Balise Toyota 1399 Riverdale St. West Springfield, MA 01089
they are deceptive in the manner they present their position and obligations to the intentional attempt to defraud the vehicle owner; therefore, it has become imperative to NOT be tolerant! Vehicle owners and collision repairers must be willing to point out the fraudulent original estimates (in the hope the vehicle never gets repaired) and the blatant manipulation of ACV (actual cash value) calculations on total losses by information providers to the benefit of insurers by under-writing original estimates (see CJB vs. Progressive, USAA, CCC Intelligent Solutions and Mitchell International).
“If you always do what you have done, you will always get what you have gotten,” is a well-worn adage! It is time that you stop being the doormat for the insurance industry and instead be part of the growing number of consumers and collision repair shops saying, “Enough is enough. We are NOT going to tolerate this any longer!” If you want to learn how to make the transition from being a body man working and trying to run an auto body shop to a professional collision repairer in an independent collision repair facility, AASP/MA is here to help every step of the way. See the application on page 7.
As our featured speaker, David Luehr (Elite Body Shop Solutions) stated at our “Getting More In '24” seminar, “Right now is the best time to be in the collision repair business, even if it doesn’t feel like it. If you are as passionate about fixing your business as you are about fixing cars, I promise you: anything is possible.”
Stop tolerating standing alone and being on the outside; JOIN THE ALLIANCE TODAY!
AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org.
