New England Automotive Report October 2016

October 2016 U.S.A. $5.95

Serving the New England Collision and Mechanical Repair Industry

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

The Repair Scanning Revolution:

Are You Ready?

PLUS: 2016 Casino Night Info Inside OEM Position Statements

www.grecopublishing.com

2 October 2016

New England Automotive Report

October 2016 • Volume 14, No. 10

CONTENTS

DEPARTMENTS VICE PRESIDENT’S MESSAGE by Adam Ioakim

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8 | Mark Your Calendars for Mohegan Sun! LOCAL NEWS by Joel Gausten 18 | Procedural Changes Highlight September ADALB LEGAL PERSPECTIVE by James A. Castleman, Esq. 30 | “That’s What They Paid Me to Do” VENDOR SPOTLIGHT by Chloe Durante 26 | Village Automotive Group Gives Back TECH CORNER by Joel Gausten 42 | Facts at Your Fingertips: One-Stop Resources for Shops and Consumers

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ALSO THIS ISSUE 7 | TRAINING OPPORTUNITIES: I-CAR CALENDAR OF EVENTS 10 | A MESSAGE FROM THE EXECUTIVE DIRECTOR 11 | AASP/MA CASINO NIGHT NOTICE 15 | AASP/MA SPONSORS 22 | AASP/MA CLASSIFIED FORM 51 | AASP/MA MEMBERSHIP APPLICATION 54 | INDEX OF ADVERTISERS

COVER STORY

by Joel Gausten and Chloe Durante

34 | THE REPAIR SCANNING REVOLUTION: ARE YOU READY? New England Automotive Report

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AUT M TIVE STAFF PUBLISHER

CREATIVE DIRECTOR

Thomas Greco (thomas@grecopublishing.com)

Lea Velocci (lea@grecopublishing.com)

SALES DIRECTOR

EDITORIAL ASSISTANT

Alicia Figurelli (alicia@grecopublishing.com)

Chloe Durante (chloe@grecopublishing.com)

EDITORIAL DIRECTOR

PRODUCTION

Joel Gausten (joel@grecopublishing.com)

Donna Greco (donna@grecopublishing.com)

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

www.grecopublishing.com 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 © 2016 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA EXECUTIVE COMMITTEE

in Massachusetts October 3, 2016 Corrosion Protection Prime Collision (West Roxbury, MA) October 4, 2016 Adhesive Bonding Fuller Auto Body (Auburn, MA) October 5, 2016 Wheel Alignment & Diagnostic Angles Cape Auto Body (Plymouth, MA) October 6, 2016 Plastic & Composite Repair Fuller Auto Body (Auburn, MA)

PRESIDENT

October 12, 2016 Hazardous Materials, Personal Safety & Refinish Safety Assabet Valley Technical High School (Marlborough, MA)

Molly Brodeur VICE PRESIDENT Adam Ioakim SECRETARY Gary Cloutier TREASURER Kevin Gallerani IMMEDIATE PAST PRESIDENT Paul Hendricks

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR Rick Starbard

AASP/MA DIRECTORS

October 13, 2016 Corrosion Protection Fuller Auto Body (Auburn, MA) October 24, 2016 Waterborne Products, Systems & Application Cape Auto Body (Plymouth, MA)

Alex Falzone

October 25, 2016 Aluminum Exterior Panel Repair & Replacement Fuller Auto Body (Auburn, MA)

Kevin Kyes Michael Penacho Darlene Andrade Tom Ricci Ray Belsito, Jr. Peter Langone

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

WWW.AASPMA.ORG

October 26, 2016 Advanced Steering & Suspension Systems Damage Analysis Fuller Auto Body (Auburn, MA) October 31, 2016 Color Theory, Mixing Toners & Tinting Cape Auto Body (Plymouth, MA) For more information, visit i-car.com

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VICE PRESIDENT’S MESSAGE

Mark Your Calendars for Mohegan Sun! ADAM IOAKIM

As a member of this industry, I know how difficult it can be to find the time to attend an association event, travel to a training presentation or simply touch base and chat with your peers in the field. I also know how cherished your weekends are, especially if you’re lucky enough to get Saturday and Sunday off in any given week. We at AASP/MA know that your time has value, so you can trust me when I say that when the association plans an event on a Saturday, it’s something not to be missed.

On Saturday, November 12, we will host our annual Casino Night for the first time ever at Mohegan Sun in Uncasville, CT. If you’re new to what Mohegan Sun has to offer, you’re in for an extraordinary day. We decided to bring our Casino Night to Mohegan Sun this year to step up our game in providing an exceptional venue. In addition to being held at an actual casino this time around, the event will feature more attractions than ever offered before.

As you’ll see in this month’s message from AASP/MA Executive Director Jillian Zywien on page 10 and the event flyer on page 11, the 2016 Casino Night boasts a full day of

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New England Automotive Report

scheduled presentations and activities. An early-afternoon Keynote Address will focus on a key industry topic of great importance to shops in the Commonwealth, while a special table-top trade show held later in the day will put you in direct contact with vendors over cocktails. This will be an amazing opportunity to connect with some of our industry’s most prominent companies and supporters all in the same room. In the evening, we’ll host our Annual Dinner, which will feature a special “Year in Review” presentation as well as the introduction of our 2017-2019 Board of Directors.

Whether you’re looking for a new piece of equipment, hoping to gain insight into major changes in your profession or planning to meet up with your friends, the Casino Night is worth the time and trip. I can’t wait for November 12, and I look forward to seeing you all at Mohegan Sun! MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

ADAM IOAKIM is the co-owner of Hogan & Van Auto Body in Medford, MA. He can be reached at (781) 436-0366 or adam@hoganandvan.com.

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A MESSAGE FROM THE EXECUTIVE DIRECTOR

Get Ready for Casino Night!

JILLIAN ZYWIEN

Dear Members, I am really looking forward to hosting our 9th Annual Casino Night on Saturday, November 12. Please mark your calendars, bring your friends, family and employees and prepare for a weekend of fun!

After hearing feedback from our members, we have made several upgrades to this year’s event, which include:

a NEW location; NEW sponsorship opportunities; LIVE gaming opportunities; a KEYNOTE speaking event; TABLE-TOP EXHIBITS for our valued sponsors and partners; DISCOUNT entertainment tickets; and MORE! This year, I am pleased to announce that we are hosting our Casino Night event at Mohegan Sun. Our program will begin at 2pm with a featured keynote speaker presentation. (Please look to our website and the Damage Report newsletter for further updates.) The program is sure to be something all of you can use to better your businesses. Following our program, we will host a cocktail reception featuring table-top exhibits.

Enjoy beverages and snacks while networking and speaking with some of AASP/MA’s valued partners and supporters of the association. Learn about new promotions, potential savings and member benefit programs.

Calling all vendors! If you would like to participate in our exclusive table-top exhibits, please contact the association. We have limited availability, and we will SELL OUT. This is a unique opportunity to meet and sell to business owners throughout the state. If you have a new product or a new promotion, or if you’re interested in capturing new customers, then you must attend!

Following the conclusion of our cocktail reception at approximately 6pm, we will ask all guests to join us in the ballroom for dinner and a brief presentation on AASP/MA matters, including:

a legislative and regulatory update; a presentation of our newly elected Board of Directors; a report on association events; and an industry update from SEMA. As you may be aware, the association elects officers and directors every two years. This is a new election year, and we look forward to presenting our future leaders to the membership. If you are interested in participating on the Board of Directors or on one of our committees, please contact the association today. We are always looking for future leaders and members interested in building the success of the auto repair industry.

At the conclusion of our program, we will be releasing members to enjoy all that Mohegan Sun has to offer. For those members interested in gaming, we will provide gambling vouchers. For those members not interested in gambling, we will provide information on events hosted by the Casino, such as comedy shows, concerts and live music at the Wolf Den. As always, we look forward to hosting another successful Casino Night. If you have not attended the event in the past, I would encourage you to attend this year. Not only will we have programs to benefit your business and drive your bottom line, but we will also introduce the association’s next leaders, who will continue the momentum we have had over the last two years. We have worked hard to provide something for everyone this year, and I hope you will join me in attending our most popular AASP/MA event.

To register or sponsor the event, please contact the association. You will also find registration materials in our Damage Report newsletter and at aaspma.org. I look forward to seeing some new and returning faces.

Sincerely,

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Jillian Zywien, Executive Director

AASP/MA EXECUTIVE DIRECTOR JILLIAN ZYWIEN has been a senior account executive at Lynch Associates for over seven years.

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

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2016 AASP/MA CASINO NIGHT at PROGRAM HIGHLIGHTS: 2-4pm Keynote Speaker 4-6pm Cocktail Reception and Table-Top Exhibits 6-8pm Dinner & AASP/MA

SATURDAY, NOVEMBER 12

Presentation (includes brief

1 Mohegan Sun Boulevard, Uncasville, CT 06382

presentation on legislative and regulatory updates and events, presentation of 2017-2019 Board of Directors and officers) 8pm-? Free Live Entertainment at the Wolf Den, Comedian Jeff Dye and Craft Beer at 8pm and 10:30pm, tickets to Pentatonix at 8pm (Call Mohegan Sun to purchase.)

Exhibit Table Sponsor $750 (10 MAX) Package Includes • Company logo prominently displayed on table top (We recommend you bring your own company signage.)

• 1 Complimentary dinner ticket (others must be purchased) • Opportunity to demo products and services to member shops attending • Electronic ad will be displayed on screen throughout event • Your company will be announced during speaking program.

• Logo featured in program book

TICKET PRICING: $79 Buy-In Access includes: keynote speaker and cocktail reception featuring table-top exhibitors

HOTEL ACCOMMODATIONS: Room blocks set up at Mohegan Sun • $299 Hyatt Place Mohegan Sun • $169 for King Rooms • $189 for Queen Rooms

$119 All-In Access includes: keynote speaker, FOR GROUP CODE, CONTACT AASP/MA AT $10 live gaming voucher and cocktail reception (617) 574-0741 featuring table-top exhibitors PLUS dinner, AASP/MA legislative and regulatory update and MASSACHUSETTS newly elected Board presentation

BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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AASP/MA ASKS YOU TO PLEASE SUPPORT OUR SPONSORS!

AASP/MA NEWSLETTER SPONSOR

WOLPERT INSURANCE

Contact AASP/MA at (617) 574-0741 / jzywien@aaspma.org for information on becoming an AASP/MA sponsor!

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THERE HAS NEVER BEEN A BETTER WAY TO BUY THE WORLD’S BEST ENGINEERED PARTS. 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 www.bmwwestspringfield.com

16 October 2016

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

New England Automotive Report

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

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

Original BMW Parts

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The Ultimate Driving Machine®

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.

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

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

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

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[LOCAL] NEWS by Joel Gausten

Procedural Changes Highlight September ADALB Although recent months have seen the Auto Damage Appraiser Licensing Board host lengthy (and often heated) debates on proposed regulatory changes (as covered in our past several issues), their September 7 meeting at the Division of Insurance in Boston lasted little over an hour and focused mainly on procedural issues.

The Board’s ongoing discussion on regulatory changes was tabled in favor of continuing the conversation at their October meeting.

The highlight of the meeting was the unanimous vote to adopt revised guidelines for ADALB complaint procedures. Some of the key passages are as follows: Effect of Appraiser’s Failure to Appear: In the event the appraiser fails to appear at the Board meeting, the Board may notify the appraiser that he/she will be considered in default and that at the next regularly scheduled Board meeting, the Board will vote on issuing an Order to Show Cause pursuant to G.L. c. 30A against the appraiser, unless the appraiser establishes good reason for his/her failure to appear at the initial scheduled meeting on the complaint.

Mediation: To facilitate the disposition of a complaint, at any time prior to the commencement of a formal adjudicatory hearing, the Board can offer the appraiser the opportunity to resolve the complaint by mediation…When an appraiser accepts an offer to resolve the complaint by 18 October 2016

mediation, the Board will appoint one of the members of the Board to conduct a mediation and attempt to mediate the complaint with: the Board member, the appraiser and his representative, if any, the person filing the complaint (complainant) and any other parties related to the complaint necessary to resolve the matter. If the appraiser declines the offer to mediate, he/she will not be penalized in any manner for his/her refusal to participate in the informal mediation process and retains his/her right to a formal adjudicatory hearing. If the appraiser assents to have the matter mediated by the Board member, thereafter, the Board member will contact the complainant and offer to mediate the complaint. If the complainant assents to have the complaint mediated, then the Board member appointed to conduct the mediation will inform the appraiser and begin the mediation. To obtain a final resolution of the matter through the mediation process, all parties must mutually agree on the resolution to the complaint.

Industry members are strongly encouraged to read the complete revised Guidelines for ADALB Complaint Procedures document (which also includes information regarding hearing processes in the event that mediation fails) available on the ADALB website (tinyurl.com/hw2bub4).

Additionally, the Board voted unanimously to reject a May 2016 request made by AdjusterPro

New England Automotive Report

(adjusterpro.com) for approval of its online estimating and evaluation training for motor vehicle damage appraisers. Referring to the AdjusterPro course as “canned,” Board member and shop owner Rick Starbard supported the rejection of the request based on the program’s lack of hands-on communication between instructors and students.

“I don’t see for the life of me how somebody who takes that test is going to be properly prepared to take [the] Part II [exam], with the actual physical handwriting of an appraisal. There’s no interaction with an instructor. I think that [with] any of these classes, especially for folks who have no or little experience, interaction is one of the most important parts of that class...I don’t see how this program can take the place of the live class environment.”

“I think hands-on is a big part [of training],” agreed fellow Board member Joseph Coyne, Jr. of Home & Auto Appraisal Bureau Inc. “I don’t think you get that when you’re online.”

At press time, the next ADALB meeting was scheduled for October 4 at the Division of Insurance. More information on upcoming ADALB meetings and events is available at tinyurl.com/hngtb94.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

LET US TURN THEM AROUND! Contact New England Automotive Report Sales Director Alicia Figurelli

973.667.6922 ALICIA@GRECOPUBLISHING.COM

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GOT CLUTTER???

If you have unused, unwanted tools, equipment, parts or materials taking up valuable shop space, ÃÌÊÌ i in New England Automotive Report. Let us find someone who wants your stuff!

Fill out the form below and fax to (973) 235-1963 or email to joel@grecopublishing.com MAKE SURE TO LEAVE A CONTACT NUMBER & EMAIL WHERE POTENTIAL BUYERS CAN REACH YOU.

What are you getting rid of? (Be specific)

Price: $_________

Is Price Negotiable?

Do you have photos of the item being sold?*

YES _____

NO _____

YES _____

NO _____

Make/Model/Year (for parts): Model Years Spanned (i.e. 2003-2005): Part Name (Be specific): Condition (Please check one):

Excellent _____

Good _____

Fair _____

Poor _____

Where is the item located? (City/State) ______________________________________________________ CONTACT INFORMATION: Your Name: Company Name: (Optional) Contact Phone Number (REQUIRED!) Contact Email:

*IMPORTANT! If you have photos of the items being sold, please email them to joel@grecopublishing.com or call ­603®Ê680-4324 for more information.

Photos sent via Fax WILL NOT be published.

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

22 October 2016

Call 603 680-4324 with questions.

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SMALL PARTS...BIG HEARTS.

MINI of Warwick Maintains an Infinite Inventory of Original MINI Parts.

• Experienced and dedicated MINI Parts Staff • Extensive inventory of collision parts and components

• Fast and free delivery • Fax or email will speed your order fulfillment

MINI OF WARWICK

1515A Bald Hill Road Warwick, RI 02886 Wholesale Direct at 401-824-2313 Fax 401-824-2251 janine.brown@penskeautomotive.com MINIOFWARWICK.COM Hours: M-F: 8:00-5:00 Sat: 8:00-3:00 © 2016 MINI USA, a division of BMW of North America, LLC. The MINI name, model names and logo are registered trademarks.

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[VENDOR] SPOTLIGHT by Chloe Durante

VILLAGE

AUTOMOTIVE GROUP

Gives Back

Ray Ciccolo posing in front of a Porsche at his brand-new Porsche dealership in Norwell

26 October 2016

When you ask Ray Ciccolo, owner of Village Automotive Group in Massachusetts, how he has managed to open and run many car dealerships, raise three daughters and give back to his community 10 times over, his answer is very simple: Loyalty and respect. Born and raised in Cambridge and the oldest of six, Ciccolo grew up watching his parents struggle to survive – teaching him firsthand what it’s like to have nothing, but work for everything. From a very young age, Ciccolo had a driving

New England Automotive Report

desire instilled in him to give back, no matter where his life took him, no matter his circumstances. From his family to his employees and customers, he has continued to pride himself and his success on treating everyone who comes his way with the same level of dignity.

After graduating from college, Ciccolo needed to purchase a new vehicle. He arrived at a friend’s dealership with the intention of leaving with a new set of wheels, but instead found himself being talked into purchasing the entire

BOSTON VOLVO VILLAGE Parts Direct: 800-336-2355 Fax: 617-560-1742

PORSCHE NORWELL Parts Direct: 781-261-5230 Fax: 781-261-5274

parts@bostonvolvo.com

parts@porschenorwell.com

VOLVO VILLAGE OF DANVERS Parts Direct: 800-284-8555 Parts Fax: 978-624-4427

HONDA VILLAGE Parts Direct: 800-555-4235 Fax: 617-965-3743 parts@hondavillage.com

splaisted@volvodanvers.com

NISSAN VILLAGE Parts Direct: 888-309-0980 Fax: 508-316-4869

CHARLES RIVER SAAB Parts Direct: 617-923-0014 Fax: 617-995-7785

probinson@nissanvillage.com

pvincent@crsaab.com

HYUNDAI VILLAGE OF DANVERS Parts Direct: 888-227-0956 Fax: 978-605-2640 cfecteau@hyundaidanvers.com

AUDI NORWELL Parts Direct: 888-744-8810 Fax: 781-878-1063 parts@audinorwell.com

• • • • •

Accurate, professional wholesale staff Fast Delivery to Your Door Competitive Discounts Large Inventory - Over $3 million in mechanical and collision parts Collision Link

For almost 50 years Ray Ciccolo has been supporting the retail and wholesale automotive market in the metropolitan Boston area.

Your satisfaction is our first priority.

VILLAGE WHOLESALE HOTLINE: 1-855-824-7278 Visit us on the web: www.villageautomotive.com New England Automotive Report

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[VENDOR] SPOTLIGHT (failing) dealership. With the little money he had and zero knowledge of the automotive industry, he was determined to turn debt into profit.

From that moment on, his life was changed forever.

“Over the years, I started adding franchises. I paid attention to where the business was coming and going and now, we have seven separate dealerships and one body shop. We recently built two brand spanking new Audi and Porsche dealerships in Norwell,” says Ciccolo.

With major manufacturers like Audi, Volvo, Saab, Honda, Hyundai, Nissan and Porsche, Village Automotive Group will soon be celebrating its 60th year in business. But even through all his financial success, the main goal for Ciccolo has always been the same – to give back just as much, if not more, than he has received.

“We are extremely active and involved in the community. I encourage all my employees to participate in fundraisers, so I make sure to give them time off to attend

different events. Each one of my stores has a defining charity they participate in – something relevant to the community. Growing up dirt poor, I always knew it would be my lifelong goal to continuously improve the quality of other people’s lives. If we all did that, I think this world would be a very different place. I ask myself every single day, ‘What can I do to help?’”

Some of the charities Village Automotive Group continues to work with are Keys to Success, in which the group donates a refurbished vehicle to a lucky student; the Global Smile Foundation, which provides free surgical care to underprivileged children; the Alliance for Children, an international adoption agency in which Ciccolo donated money to help fund an orphanage in China and Haiti; and their own 5K Thanksgiving Road Race for Multiple Sclerosis, which has raised over $100,000 each year. The group is also part of the American International Automobile Dealers Association, the National Automobile Dealers Association and the Massachusetts State Automobile Dealers Association.

This does not even make a dent in the list of charitable and nonprofit work Ciccolo has been involved in throughout his lifetime, and the list will only continue to grow. He has always remained true to himself, to his morals and to his customers. At Village Auto Group, honesty is always the best policy.

“I teach my employees 100 percent transparency and zero tolerance for deviating from anything that isn’t the honest thing to do. I have a consistent amount of employees who have been here for over 25 years. The guy who started out as a valet as a teenager over 30 years ago is now the general manager of our Honda dealership.”

Clearly, Ray Ciccolo is doing something right.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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

“THAT’S WHAT THEy PAID ME TO DO” I remember the first time I received a call about a twotone car. Unfortunately, it was not one of those 1950s classics like the pink-and-white Plymouth tank in which I learned how to drive. No, it recently had been a single-color car until it got into an accident and the insurer covering the claim had refused to pay to blend into adjacent panels or for color sand and buff. Rather than perform those operations, the collision repair shop had just done the repairs that the insurer had paid them to do. Now the shop owner was calling me, asking how to handle the vehicle owner, who was not pleased with the way that repairs had turned out.

I had sympathy for the shop owner, but I had more sympathy for his customer. I knew that the shop owner had become frustrated with insurers that were refusing to pay for necessary operations. But he had not handled the situation very well, and he had not been able to convince his customer that the contemporary artistic effect of the finished product was something that should be accepted and appreciated.

WHAT IS A REPAIR SHOP’S LEgAL OBLIgATION? As it has been stated by me in many prior NEAR articles, a repair shop’s obligation is to complete repairs to a vehicle according to whatever their customer has authorized. It may be common practice for a repairer to deal primarily with a customer’s insurer in negotiating necessary repairs, and most customers may say that they don’t care what is to be done, so long as they don’t have to personally pay anything more than their deductible. But the law in Massachusetts is that it is a per se unfair and deceptive business practice for a repair shop to perform repairs to a customer’s car unless he or she has authorized those repairs, and that a repair shop is obligated to perform all repairs for which it has contracted with its customer. Legally, it does not matter what an insurer has written or agreed to pay for.

Massachusetts law also requires shops to warranty repair parts to be “merchantable” and fit for the “particular purpose”

At the very least, a repair shop should always make repairs in accordance with a manufacturer’s recommended procedures.

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for which they are sold. Further, a repair shop must “remedy promptly, at no charge to the customer, any repairs performed by it on the customer’s vehicle which were not performed in a good and workmanlike manner in accordance with accepted trade standards.” A repair shop cannot legally disclaim these responsibilities, and a customer cannot legally waive these requirements.

THE PROBLEM THAT ARISES As reflected in the situation of the two-tone car, a problem arises if an insurer agrees to pay only for certain repair operations and/or certain parts when the repair shop believes that additional operations or different parts are needed to meet their legal obligation to repair a car to trade standards.

At the very least, a repair shop should always make repairs in accordance with a manufacturer’s recommended procedures.

In my opinion, the two-tone vehicle did not represent repairs that had been performed in accordance with accepted trade standards. Yet, as stated by the shop owner, “That’s what they paid me to do.”

In other cases, an insurer may write for an aftermarket part that the repairer knows to be inferior, or may write for an LKQ part when the repairer believes that there may be a safety issue with the part. Are the parts specified by the insurer “merchantable” and fit for their “particular purpose”?

To be “merchantable,” a part must meet trade standards and be fit for ordinary purposes. To be fit for a “particular purpose,” a part must be able to perform for the express purpose for which it is sold. The parts specified by the insurer very well may not meet these standards. Yet, under Massachusetts law, if the repair shop uses the parts, it is required to warranty that they do.

POSSIBLE SOLUTIONS There is no single right answer as to how to properly address these problems - although it must be recognized that it is always wrong to leave a customer with an inappropriately repaired vehicle. Some suggestions of how you might want to try to handle the situation are: (1) Get your customer involved. I do not understand why shop owners so often are unwilling to get their customers involved with how a car is going to be repaired. The law requires that you get your customer’s authority for the repairs that you perform; if you actually do that, then it gives you the opportunity to discuss any problems that you may be having getting their insurer to pay for correct repairs or necessary parts. As a result, you may be able to persuade your customer to put pressure on their insurer to pay what is needed.

Alternatively, it may give you the opportunity to convince your customer why it may be worth their while to pay additional amounts out of their own pocket in order to get back a finished product they will be happy with.

(2) Do not be afraid to ask for additional supplements. In this day and age, I still get calls from shop owners who are afraid to ask for supplemental appraisals for what they really need. Either they think that the insurer won’t pay any more, they don’t want to make waves for the particular appraiser or they just don’t know any better. Do not make yourself a pain continued on page 53

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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: awilliams@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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The Repair Scanning Revolution:

Are You Ready?

By Joel Gausten and Chloe Durante

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As 2016 begins to wind down, there is no question that vehicle scanning will be the biggest topic impacting the industry in the months to come. As outlined in recent issues of New England Automotive Report, a growing number of vehicle manufacturers are releasing position statements in support of pre- and post-repair scans. Not only has this brought the topic to the forefront of industry discussions, but it has led many shops to question their equipment, training and overall readiness now that scanning – traditionally a mechanical operation – has fully infiltrated the collision repair field.

Okay, Now What?

You’ve read the position statements and looked into purchasing scan tools, but are you confident that you will get the training necessary to do the job correctly? Before purchasing any OEM-approved scan tool (such as Honda’s i-HDS or the Nissan Consult III Plus), OEM interface (such as the asTech by Collision Diagnostic Services) or aftermarket scanning product (such as those offered by Snap-on and Bosch, for example), you need to know exactly what you’re getting. This includes making sure that the device you’re using is truly capable of handling the vehicles in your shop – especially if that product is an interface or an aftermarket product.

To help get technicians up to speed on their scanning equipment, a number of automakers are making training

more readily available. All of the same online technical training that American Honda Motor Co. provides to Honda and Acura dealers can be purchased and downloaded from Helm Incorporated (HELMInc.com). There’s also a link to that website on the Honda Independent Repair/ServiceExpress website (techinfo.honda.com - just click on “Training Information”). Collision Diagnostic Services/asTech customers can take advantage of a weekly, 30-minute webinar every Wednesday at 2pm free of charge. These sessions cover not only the basics in diagnostics, but also teach the shops how to research the OEM data and explain it to an insurer or consumer. The ‘Ask AsTech’ webinar sign-up page can be found on their website (tinyurl.com/jet7lxh) and is open to everyone.

Not surprisingly, I-CAR is getting into the scanning training arena in a big way.

“We are working on a couple of different courses right now on scan tools and the thought process around selecting a scan tool per the types of vehicles being worked on to help lead the industry in being more familiar with scan tools and diagnostics,” offers Jason Bartanen, I-CAR’s director of industry technical relations. “We are also working on a course covering some of the camera alignment requirements. We plan on creating and offering more courses on calibration in addition to potentially developing a collision repair diagnostic role in the future.

We are learning every single day from various diagnostic

specialists to help better prepare the industry.”

Currently available to over 100,000 collision repair professionals, I-CAR’s Repairability Technical Support Portal (rts.i-car.com) offers thousands of pages of OEM information and will soon include diagnostic and calibration information and requirements.

A Long and Bumpy Road With automakers and repair industry leaders alike promoting pre- and post-repair scanning more than ever before, are collision facilities ready to adapt to this increasingly necessary procedure? How does this new technological era ultimately impact a shop’s bottom line?

So far, these questions are leading to some fairly uncomfortable answers.

Some of the harsher realities surrounding scanning were addressed during the August Collision Industry Conference in Anaheim, CA. During his presentation on behalf of the CIC Emerging Technologies Sub-committee, Jack Rozint of RepairCar.com shared a recent conversation he had with the owner of a multi-location business that was involved in “a major insurer’s program that specializes in very quick turnarounds and very short cycle time repairs on light-hit vehicles.” Rozint noted that this business owner revealed that he “couldn’t possibly afford to scan every car” that hits his shop, since his operations typically take in and deliver 15 vehicles a day. Even worse, the owner stated that each scanning procedure took an average of 30 minutes to perform, which would necessitate the hiring of additional personnel to handle the demand.

To add even more complexity to the scanning issue, New England Automotive Report is fielding reports from shops across the country that not all scan tools currently available on the market are created equal. For example, one east coast repairer tells us that although a popular industry scan tool greenlit a Jeep at his shop, that vehicle was later brought back when it was discovered that the tool didn’t pick up an issue with the comfort access handle.

Industry verbiage is another major hurdle in the world of scanning. While OEMs are taking a strong stand on the scanning issue, will it be required across the board in the future?

“Although manufacturers are guided by their legal teams not to incorporate words such as ‘mandated’ or ‘required’ in their position statements, pre- and postscanning is highly recommended and encouraged by manufacturers,” offers Mark Allen, collision and equipment manager of Audi of America. “Audi will be coming out with position statements on pre and post-repair scanning in the very near future. It’s just a matter of putting a pen to the paper.”

So if OEMs cannot directly require technicians to scan vehicles pre- and post-repair, what is the goal of the manufacturers that have already released statements? To raise awareness.

“All of my repairers and technicians are told to scan the vehicles prior to and after any repairs, but I can’t guarantee that it is actually being done,” Allen says.

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When asked why scanning is not being done across the board, Allen’s response was simply, “COST, COST, COST.” It seems it’s easier for some shop owners to turn a blind eye than to bite the bullet and purchase a scan tool. But what about the foreseeable costs of a faulty brake assist system on a vehicle that was not scanned pre- or post-repair? Allen is one of many who are concerned.

“These high-tech vehicles with assist features need to be recalibrated after repairs, and we are putting drivers at risk by not doing so. If the system malfunctions two weeks after a repair and the driver is severely injured, who is responsible for those injuries and damages? If the vehicle had been scanned post-repair before being returned back to its owner, there wouldn’t be a need to point blame.”

Of course repairers want to eliminate costs, but not if it means putting the lives of consumers in danger.

“Scanning is about the safety of the consumers and really is a customer service/safety issue. When a customer brings his or her car in to be serviced, the car is scanned and re-calibrated to assure everything is running smoothly.

It’s the same concept with repairing a vehicle. Just because the repair is minor doesn’t mean nothing else has gone wrong within the vehicle. How will anyone know if it’s not scanned before or after?”

As with everything else in this industry, a repairer’s success with scanning depends on how much he or she is willing to embrace what is needed to do the job accurately and professionally. We encourage you to research your options, look into the links provided in this story and contact AASP/MA if you require any additional resources to help you along on the industry’s latest journey.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[TECH] CORNER by Joel Gausten

FACTS AT yOUR FINgERTIPS: One-Stop Resources for Shops and Consumers Educating your technicians and your customers has never been easier.

Although it can sometimes be difficult to find reliable repair and industry information online, a number of automakers and tool/equipment manufacturers are working together to ensure that shops and the motoring public have the knowledge necessary to put professionally repaired vehicles back on the road.

A collaborative effort between the OEM Collision Repair Roundtable* and the National Automotive Service Task Force (NASTF),** oem1stop.com is a fantastic resource for shops and insurers looking for vehicle manufacturers’ position statements on a variety of repair procedures and industry practices. As an example of the kind of invaluable information that can be found on the site free of charge, here is what Ford has to say in its position statement regarding the use of aftermarket collision parts: The use of new aftermarket (imitation) collision parts to repair collision damage to vehicles raises concerns about warranty and quality.

Imitation collision parts are not covered by Ford Motor Company’s newvehicle service part or corrosion warranty, or any variety of the Ford Extended 42 October 2016

Service Plan. In addition, any damage to or failure of a Ford part caused by the installation or improper performance of an imitation part is not covered by Ford Motor Company’s new-vehicle service part or corrosion warranty, or any variety of the Ford Extended Service Plan.

However, the use of an imitation collision part for collision repair does not, in itself, void Ford Motor Company’s newvehicle service part or corrosion warranty, or any variety of the Ford Extended Service Plan. Warranty coverages for the rest of the vehicle, excluding the imitation part itself, remain in effect.

Ford believes the interests of vehicle owners and collision repairers are best protected when Genuine Ford Original Equipment collision replacement parts are used to repair collision damage.

Toyota takes a similar stance on the use of alternative parts, as seen in its position statement also available on oem1stop.com: Due to the sensitive nature of safety and performance systems and their effect on vehicle crashworthiness, Toyota, Lexus and Scion strongly recommend the use of genuine parts, and recommend against the use of alternative parts, in collision repair procedures. Alternative parts include:

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Aftermarket Parts: Parts manufactured and branded by a company other than Toyota, Lexus or Scion; Rebuilt Parts: Exterior sheet metal parts (including bumpers and wheels) removed from a damaged Toyota, Lexus or Scion vehicle and refurbished for resale; and Salvage/Recycled Parts: Parts removed from a vehicle, then installed on a different vehicle.

Elsewhere on oem1stop.com, Acura shares its official position regarding regarding steel and aluminum wheel repair: American Honda Motor Co, Inc. does not approve of any repair of steel or aluminum wheels that involves welding, bending hammering, straightening, re-machining, reforming, or adding new material. Any repair of steel or aluminum wheels must be strictly limited to minor cosmetic sanding or polishing that removes just the finish. American Honda will not warrant any wheel other than an undamaged original or a new replacement part.

These are just some of the dozens of manufacturer position statements readily accessible on oem1stop.com. If

you ever encounter a dispute over a procedure or want to know how a carmaker feels on a particular issue, the site is a great (and appropriately named) place to go.

On the consumer side, the OEM Collision Repair Roundtable has created crashrepairinfo.com, a place for vehicle owners to learn more about their vehicles and the repair process.

The site is currently comprised of the following sections: Collision Repair Basics: This provides a pull-down menu with topics including “Why Insist on Original Equipment Collision Parts?” “Choosing the Right Body Shop” and “Your Rights as a Consumer.” Also includes a glossary of common collision and insurance terms.

Been in an Accident?: This page

features an extensive list of do’s and don’ts for when a collision occurs.

Safety: This area offers free consumer information on vehicle safety systems, counterfeit/salvage airbags and reconditioned wheels.

Automakers: This section offers position statements from vehicle manufacturers on a variety of topics including reconditioned wheels, recycled parts and windshield/glass repair.

Both oem1stop.com and crashrepairinfo.com are invaluable tools in today’s industry. Check them out and see how they can positively impact your business.

collision repair industry association composed of representatives from Original Equipment Manufacturer (OEM) vehicle manufacturers. Also represented is the Alliance of Automobile Manufacturers, a voice for the auto industry.” (Source: crashrepairinfo.com) **“The National Automotive Service Task Force (NASTF) is a cooperative effort among the automotive service industry, the equipment and tool industry and automobile manufacturers (OEMs) to ensure that automotive service professionals employed outside the OEMs franchise system have the information, training and tools needed to properly diagnose and repair today’s high-tech vehicles.” (Source: nastf.org)

*“Formed in 1998 and incorporated as a non-profit 501(c)(6) corporation in 2012, the OEM Collision Repair Roundtable is a

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Quality Repairs Start With Volvo Genuine Parts.

For over eight decades, the Volvo name has been synonymous with unmatched quality and performance. That legendary Volvo quality starts with Volvo Genuine Parts.

Rely on Volvo Genuine parts to get the right fit, at the right price, right now.

Please contact the following dealers for your Volvo parts needs:

Volvo Cars Cape Cod 270 North Street Hyannis, MA 02601 Parts Direct: 888-823-0093 Fax: 508-568-9250 www.volvocarscapecod.com

Prime Volvo Cars 425 Lincoln Street Hingham, MA 02043 Parts Direct: 781-829-3120 Fax: 781-829-3193 www.volvocarssouthshore.com

www.volvogroup.com 44 October 2016

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2016 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

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________________________________________ Web Site Address ____________________________________________

MEMBERSHIP TYPE (check one) Collision Repair Shop

ACCOUNTS PAYABLE CONTACT: Name: __________________________________________________

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

(The AASP membership year is from January 1 to December 31, 2016)

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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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[LEGAL] PERSPECTIVE continued from page 30 in the butt in every instance for every last dollar (unless you really want to).

But understand that you are representing your customer in trying to get an insurer to pay for whatever is truly necessary to put a car back into pre-accident condition, and understand that you have to make a living, too.

Request supplements when they are truly justified; do not be afraid to ask again, and do not be concerned with going above an appraiser’s head to his or her supervisor.

them to assign their rights to you – and then pursuing the matter through arbitration or a lawsuit (or however you decide to proceed) – may get a recalcitrant insurer or appraiser to act – or at least to act properly the next time.

solutions, then it is the only legitimate one left. You should not, and legally cannot, deliver two-tone vehicles to your customers, no matter what an insurer has paid you to do.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

(6) Finally, be willing to accept whatever an insurer writes, and then fix your customer’s car the way it is supposed to be fixed anyway. This is the least ideal of the possible solutions to the problem. But if you are unwilling to attempt one of the other suggested

Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com.

(3) Be aware of manufacturerrecommended repair procedures, and insist that insurance appraisers write for repairs in accordance with them.

Massachusetts law mandates that you repair vehicles in accordance with trade standards, and insurers should be paying to have repairs made according to law. Manufacturer-recommended procedures set what the “trade standards” are for those particular procedures. You should be following them, and insurers should be paying for them.

(4) File a complaint with the Auto Damage Appraiser Licensing Board.

Licensed appraisers are supposed to be able to perform their jobs competently. If they do not, then their appraiser’s license should be in jeopardy. Again, do not overdo this and file a complaint for every last petty issue. But if there is truly a major payment dispute for which an insurance appraiser is refusing to allow for what is necessary, consider filing a complaint with the ADALB. The ADALB may act. But even if they do not, the appraiser has been put on notice that their license may be at risk, and perhaps they will think twice about an issue the next time around. Further, it is no excuse that an appraiser is writing his or her appraisals a certain way because an insurer told them to do it that way. They are supposed to be knowledgeable about their profession and write appraisals in line with ADALB guidelines.

(5) If you do not want to get your customer involved, consider getting them to assign their rights against their insurer to you. This procedure has been described in detail by me in prior NEAR articles. It can be a pain in the neck to follow. But if you truly do not want to get your customer involved, getting New England Automotive Report

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AUT M TIVE AD INDEX

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Accudraft Paint Booths ............................OBC Audi Group ....................................................39 Audi Shrewsbury ..........................................52 Axalta Coating Systems ..................................4 Bald Hill Chrysler Jeep Dodge Ram..............8 Balise Wholesale Parts Express ....................23 Baystate Chrysler/Jeep/Dodge ..................32 Best Chevrolet/Best CDJR..........................IFC BMW Group ..............................................16-17 BMW/Mini of Warwick ................................25 Clay Subaru ....................................................32 Collision Equipment Company ..................31 Colonial Auto Group ......................................6 Empire Auto Parts..........................................54 Enterprise ........................................................14 First Chrysler-Dodge-Jeep-Ram ..................43 First Ford ........................................................43 First Hyundai..................................................43 Ford Group ....................................................48 FutureCure ......................................................28 Honda Group..................................................33 Hyundai Group ..............................................24 Imperial Ford ..................................................48 Infiniti of Norwood........................................45 Ira Group....................................................12-13 Kelly Automotive Group............................IBC Kia Group........................................................46 Linder’s, Inc. ..................................................53 Long Automotive Group ..............................47 Mazda Group..................................................38 Mercedes-Benz of Shrewsbury ....................41 Mopar Group..................................................51 Nissan Group..................................................40 Polyvance ..........................................................6 PMCLogic........................................................50 PPG ....................................................................3 Robertsons GMC Truck ................................50 Sarat Ford Lincoln..........................................15 Sentry Group ..................................................29 Subaru Group............................................20-21 Tasca Group ......................................................9 Toyota Group..................................................41 Village Auto Group........................................27 Volvo Group....................................................44 VW Group ......................................................37 Wagner BMW of Shrewsbury ......................52 Wagner Kia of Shrewsbury ..........................52 Wellesley Toyota/Scion ................................19 Wheel Collision Center ................................54