New England Automotive Report October 2019

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PLUS: Don’t Get Hit by an Uber! SEMA Preview A Legend Looks Back


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45,000 sq. ft. warehouse with over 35,000 parts, ready for delivery. Genuine GM Wholesale Parts at competitive aftermarket prices including a complete line of Saturn parts now in stock 10 delivery trucks, ready to bring you the parts you need fast and easy. All free delivery in Metro Boston, Cape Cod, throughout Massachusetts and Rhode Island. 75 years of experience, making us ready to fill any type of order, large or small.

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BEST CHRYSLER DODGE JEEP RAM 520 Colony Place Road Plymouth, MA 02360 Order Hotline: (800) 932-7900 Fax: (781) 749-7804

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2 October 2019

New England Automotive Report


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We provide the highest level of customer-friendly service through our knowledgeable and helpful personnel!

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COLONIAL NISSAN 104 Mystic Avenue Medford, MA. 02155 Phone Number: 781-395-3025 FAX Number: 781-475-5063

COLONIAL HONDA OF DARTMOUTH 225 State Road (Rte. 6) Dartmouth, MA. 02747 Parts Direct: 508-997-2919 FAX Number: 508-730-6578

CITY SIDE SUBARU 790 Pleasant Street Belmont, MA. 02478 Phone Number: 617-826-5013 FAX Number: 617-489-0733

COLONIAL FORD OF PLYMOUTH 11 Pilgrim Hill Road Plymouth, MA. 02360 Phone Number: 800-233-8109 FAX Number: 508-830-1658

NORTH END SUBARU 757 Chase Road (Rte. 13) Lunenburg, MA. 01462 Phone Number: 877-289-0053 FAX Number: 978-582-9843

COLONIAL CHRYSLER JEEP DODGE-RAM 24 Coolidge Street (Rte. 62) Hudson, MA. 01749 Phone Number: 978-568-8000 FAX Number: 978-562-1213

COLONIAL FORD OF MARLBOROUGH 428 Maple Street Marlborough, MA. 01752 Phone Number: 888-460-1125 FAX Number: 508-460-3464

COLONIAL SOUTH CHRYSLER JEEP DODGE-RAM 42 State Road (Rte. 6) Dartmouth, MA. 02747 Phone Number: 508-984-1900 FAX Number: 508-996-5801

COLONIAL CADILLAC 201 Cambridge Road Woburn, MA. 01801 Phone Number: 781-935-7009 FAX Number: 781-933-7728

NORTH END MAZDA 757 Chase Road Lunenburg, MA. 01462 Phone Number: 800-322-1241 FAX Number: 978-582-9841

COLONIAL VOLKSWAGEN COLONIAL SOUTH CHEVROLET 89 Turnpike Road (Rte. 9) 361 State Road (Rte. 6) Westborough, MA. 01581 Dartmouth, MA. 02747 Phone Number: 888-322-6570 Phone Number: 508-996-6266 FAX Number: 508-616-0445 FAX Number: 508-979-1219 COLONIAL VOLKSWAGEN OF MEDFORD 162 Mystic Avenue Medford, MA. 02155 Phone Number: 781-475-5200 FAX Number: 781-391-3506

WELLESLEY VOLKSWAGEN 231 Linden Street Wellesley, MA. 02482 Phone Number: 800-228-8344 FAX Number: 781-237-6024 Contact: Dan Bettencourt / Wholesale Parts Manager

COLONIAL CHEVROLET 171 Great Road Acton, MA. 01720 Phone Number: 800-787-2787 FAX Number: 978-263-8587

COLONIAL WEST CHEVROLET 314 John Fitch Highway Fitchburg, MA. 01420 Phone Number: 978-345-5532 FAX Number: 978-345-1152

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October 2019 • Volume 17, No. 10

DEPARTMENTS

CONTENTS FEATURES

PRESIDENT’S MESSAGE By Molly Brodeur 8 | Farewell to a Friend

EXECUTIVE DIRECTOR’S MESSAGE By Evangelos “Lucky” Papageorg

12 | Evolution or Revolution?

LOCAL NEWS 22 | I-CAR Addresses Delays, Offers Plan for Committees 24 | ADALB Prolongs Inactivity on Shop/Vendor Advisory Ruling By Joel Gausten

A Lifetime of Auto Achievement: Tony Lombardozzi Looks Back

NATIONAL NEWS 32 | Education, Innovations and IDEAS Coming to SEMA 2019 By Alana Bonillo

ALSO THIS ISSUE 6 | AASP/MA MEMBERSHIP APPLICATION 12 | WHERE’S LUCKY? AASP/MA CHAPTER MEETING SCHEDULE 16 | AASP/MA VENDOR AFFINITY PROGRAM SPOTLIGHT 17 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS

ADVERTISERS’ INDEX Accudraft Paint Booths ................................OBC American Honda Motor Co. ............................30 Audi Group....................................................42 Best Chevrolet/Best CDJR ..............................IFC BMW Group ..........................................................18 BMW/Mini of Warwick ..................................38 Boch Chevrolet ........................................27, 35 Boch Genesis..................................................27 Boch Hyundai ................................................27 Colonial Auto Group ........................................4 Empire Auto Parts ..........................................13 Ford Group....................................................45

28 | LOCAL FEATURE By Joel Gausten

36 | COVER STORY By Joel Gausten Need Employees? National Actions to Secure the Future

40 | LEGAL PERSPECTIVE By James Castleman

Don’t Get Hit by an Uber!

Fred Beans Parts ............................................35 Genesis of Norwood ..................................27/35 Honda Group ................................................41 Hyundai Group ..............................................11 Imperial Ford ................................................37 Ira Subaru ......................................................11 Ira Toyota of Danvers ......................................10 Kelly Automotive Group ................................IBC Kia Group ......................................................11 Linder’s, Inc. ................................................27 Long Automotive Group ..................................14 Mazda Group ................................................34 McGovern Chrysler Jeep Dodge Ram ................35 Mopar Group ................................................15

Nissan Group ................................................44 PPG................................................................3 Quirk Wholesale Parts ....................................33 Reliable Automotive Equipment ........................7 Sarat Ford Lincoln ..........................................29 Sentry Group ..................................................9 Sherwin-Williams ..........................................31 Subaru Group ................................................20 Tasca Group ..................................................23 Toyota Group ................................................39 Volvo Group ..................................................26 VW Group ....................................................21 Wellesley Toyota/Scion ..................................37 Wheel Collision Center ....................................13 New England Automotive Report October 2019 5


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2019 - 2020 as provided for in this contract.

REV 5/19


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www.raeservice.com New England Automotive Report October 2019 7


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PRESIDENT’S MESSAGE

Farewell to a Friend By Molly Brodeur

The change in seasons is often a time of reflection. We look back at yet another year almost gone and wonder where the time went. Spend time with your loved ones. Make memories. Let the people in your life know how much you value and love them. Time is a gift; spend it wisely. From Toto’s “The Road Goes On:” “So like thunder, I am breaking free, in the landscape of the heart it’s hard to tell what’s really taken me. Now I see it all through different eyes. This emotion can’t be wrong, past the mountains under empty skies, and the road goes on and on…” May you rest in eternal peace, Dave.

It is with a very heavy heart that I share with you all the loss of a team member at Al Brodeur’s Auto Body, David Savaria. Dave was an auto damage appraiser for over 15 years. He worked for Encompass Insurance before joining us in 2016. He was an immediate part of our family and always a true professional. We miss his smile, sense of humor and his love of the band Toto. Dave was a family man through and through. You could see the love in his eyes when he talked about his children and wife. He and his wife, Louisa, were married for 22 years, and they have two beautiful children, Lucas and Abigail. Dave was diagnosed with cancer last year. With his wife, children and extended family by his side, he fought until he went to rest on August 28. At the funeral, his 17-year-old son, Lucas, wrote an amazing, heartfelt eulogy on behalf of their family. It was one of the most powerful tributes I’ve been witness to and a true testimony to the impact Dave had on his family and the community and circles in which he traveled. He was a car lover, a storyteller and an all-around great guy. He was always there for his family and friends, and he would do anything for his wife and children.

N

E

W

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**A fund has been set up for Dave’s children. Memorial contributions may be made to the Savaria Children Fund, c/o Milford Federal, 246 Main Street, Milford, MA 01757. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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

G

L

A

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AU M TIVE AUT T TI TIV STAFF

AASP/MA EXECUTIVE COMMITTEE

PUBLISHER

CREATIVE DIRECTOR

Thomas Greco - thomas@grecopublishing.com

Lea Velocci - lea@grecopublishing.com

SALES DIRECTOR

EDITORIAL/CREATIVE COORDINATOR

Alicia Figurelli - alicia@grecopublishing.com

Alana Bonillo - alana@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

CELEBRATING 30 YEARS 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 © 2019 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

WWW.AASPMA.ORG 8 October 2019

New England Automotive Report

TREASURER Matthew Ciaschini LEGISLATIVE CHAIR Peter Langone IMMEDIATE PAST PRESIDENT Paul Hendricks

PRESIDENT Molly Brodeur VICE PRESIDENT Kevin Gallerani SECRETARY Gary Cloutier

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR Rob DelGallo

AT-LARGE DIRECTOR Adam Ioakim

AASP/MA DIRECTORS Ray Belsito Alex Falzone Rick Fleming

Joshua Fuller Kevin Kyes Frank Patterson

Mike Penacho Dana Snowdale Bill Spellane

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

Alana Bonillo: AASP/MA Administrative Assistant P.O. Box 212 Marlborough, MA 01752 617-574-0741


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10 October 2019

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Make Quality Your Goal.

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Contact these select dealers for assistance and delivery of your Kia Genuine Parts. Bald Hill Kia 1021 Bald Hill Road Warwick, RI 02886 Parts Direct: (800) 822-3015 www.baldhillkia.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: (877) 707-8475

HYUNDAI IS PROUD OF ITS REPUTATION FOR QUALITY AND SERVICE. SO ARE THE DEALERS AND BODY SHOPS WHO RELY ON GENUINE HYUNDAI PARTS. TO MAKE CERTAIN THAT YOU GET THE RIGHT HYUNDAI PART, ASK FOR A HYUNDAI WHOLESALE PARTS SPECIALIST.

For Genuine Hyundai parts, contact an Authorized Hyundai Dealer. HERB CHAMBERS HYUNDAI 735 Southbridge Street Auburn, MA 01501 TOLL FREE: 800-767-1898 FAX: 508-832-6026 EMAIL: pobrien@herbchambers.com www.herbchambershyundaiofauburn.com

BOCH HYUNDAI 391 Boston Providence Hwy Route 1, The Automile Norwood, MA 02062 PARTS LINE: 781-762-9210 TOLL FREE: 800-559-9210 bchwholesale@boch.com

New England Automotive Report October 2019 11


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EXECUTIVE DIRECTOR’S MESSAGE

Evolution or Revolution? EVANGELOS “LUCKY” PAPAGEORG

For many, many years now (more than I care to admit), I have described our industry as one going through an evolution of individuals who love what they do because they love to work on vehicles. While this is still the case in many instances, the collision repair industry has slowly evolved from a group of repairers to a community of businesspeople. Many have done so kicking and screaming along the way, and there are still quite a few who are holding steadfast to old

ways. These old ways include (but are not limited to) painting in the open, using too much body filler and eyeballing the frame for straightness after a “tug” (with the use of a come-a-long and a sturdy oak tree). Sadly, this old way of “repair” thinking by a small segment is partly why we find ourselves in an uphill battle. Those of you who know me know that I tend to be the eternal optimist and try to work things out by considering all available options

Where’s Lucky?

AASP/MA Chapter Meeting Schedule In the first week of October, Lucky will be visiting shops in the Western region. Lucky will be visiting shops in the Boston/Southeast region during the second week of October.

and using all available “tools.” When push comes to shove, I will not shy away from a confrontation, especially when there is injustice at the core. You also know that I am fond of “inspirational” quotes and stories. One such quote is, “Those who cannot remember the past are condemned to repeat it.” This can be interpreted a couple of ways. On the negative side, if we as an industry do not learn from the tactics that have been used to suppress us, those tactics will

Visiting Western Visiting Boston/Southeast Visiting Boston/Northeast Visiting Midstate

In the third week of October, Lucky will visit shops in the Boston/Northeast region. During the fourth week of October, he will be visiting shops in the Midstate region. From October 28 through November 1, he will be visiting shops in the Boston/ Southeast region. During the first week of November, Lucky will be attending the SEMA Show in Las Vegas. During the second week of November, Lucky will be visiting shops in the Western region and will host a meeting on November 13 at the William J. Dean Technical Vocational High School (Holyoke). He will be visiting shops in the Boston/Northeast region during the third week of November and hosting a chapter meeting on November 20. (Location TBD.) PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

Lucky can be reached at (617) 574-0741 or lucky@aaspma.org.

12 October 2019

New England Automotive Report

Visiting Boston/Southeast Attending SEMA Show in Las Vegas

M M Visiting Boston/Northeast Visiting Western


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continue to plague us – and any hope we may have of positive advancement may be baseless. On the other hand, if we look back in history, we can see that there are many examples of civilizations and governments that eventually were overthrown despite seemingly having a stronghold on their “servants.” It is my humble opinion that we are quickly approaching a time when revolution may be the only way to save the collision repair industry. Just as in the case of the “tea party” here in Massachusetts, we must completely change our approach to how we have been attempting to reverse effects of an insurance industry that is running amok in what can only be described as tyrannical abuse. We must revolutionize our mindset and set aside the fear of being put out of business. Indeed, it is time for a revolt – a revolt much like our forefathers started to free this great country of ours from the tyrannical hold of England. A very small group that swelled in number brought England to its knees and led to our eventual independence. That revolution was started by a small group of dedicated “patriots,” much like the group of collision repairers who have answered the call by participating in the first-ever Massachusetts Labor Rate Survey. This survey is our Boston Tea Party!!! The “patriots” believed in their cause; because they did, they prevailed. We must learn from their example and gain the confidence that spurred them on to great success. As an industry, especially here in Massachusetts, we are reaching a breaking point! We can no longer afford to wait for evolution to catch up. The industry is changing at such a rapid rate that a decision must be made to push for a revolution. For the past few months, we have been laying continued on page 46

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MASSACHUSETTS

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Email: tschube@longauto.com 14 October 2019

New England Automotive Report


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FIT AND FINISH IS NO PLACE TO GET CREATIVE. CONTACT US TODAY FOR A COMPETITIVE QUOTE ON YOUR NEXT COLLISION REPAIR ESTIMATE. BALD HILL DODGE CHRYSLER JEEP 1035 Bald Hill Rd Warwick, RI 02886 Order Hotline: (800) 822-3015 17 delivery trucks serving RI, MA and CT daily! BEST CHRYSLER DODGE JEEP RAM 520 Colony Place Road Plymouth, MA 02360 Order Hotline: (800) 932-7900 Fax: (781) 749-7804 www.bestjeep.com IMPERIAL CHRYSLER DODGE JEEP 6 Uxbridge Road Mendon, MA 01756 Order Hotline: (877) 272-0332 Call us for your wholesale parts needs!

MCGOVERN CHRYSLER JEEP DODGE RAM 777 Washington Street Newton, MA 02460 Order Hotline: (800) 741-7563 www.clarkandwhiteautos.com For the best customer service ask for Mando Bogosian PREMIER CAPE COD 460 Yarmouth Road Hyannis, MA 02601 Order Hotline: (888) 927-8261 Fax: (508) 778-0900 www.premiercapecod.com QUIRK AUTO DEALERS 115 E. Howard Street Quincy, MA 02169 Order Hotline: (877) 707-8475

KELLY JEEP CHRYSLER 353 Broadway Route 1 North Lynnfield, MA 01940 Order Hotline: (800) 278-8558 Fax: (781) 581-2490 Email: kjcparts@kellyauto.com Over $1,000,000 in stock to support your business, and fast free delivery!

Check out MoparRepairConnection.com for resources, promotions and technical information. ©2019 FCA US LLC. All Rights Reserved. Chrysler, Dodge, Jeep, Ram, Mopar and SRT are registered trademarks of FCA US LLC.

New England Automotive Report October 2019 15


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[VENDOR AFFINITY PROGRAM] SPOTLIGHT By Alana Bonillo

Quirk Auto Parts At Quirk Auto Parts, servicing customers well has been the driving force for success for more than 40 years. Based in Quincy and Manchester, NH, Quirk is the brainchild of its namesake, Daniel J. Quirk. More than four decades ago, he started out with a single Chevrolet dealership in Weymouth Landing, and things rapidly took off from there. The company expanded into the wholesale parts business and soon grew its footprint by acquiring a company in Manchester, which allowed for necessary warehouse space. Next came the purchase of the old Bethlehem Steel Yard property in Quincy, which gave the enterprise the space to store automobiles and further develop its wholesale business. Eventually, the old building at the Bethlehem Steel site was torn down to make way for a 450,000-square-foot location that allows Quirk to stock inventory and provide same-day service. “We do two deliveries a day, everywhere we go,” comments Fred Jewett, outside sales representative for the company’s Massachusetts location. “To be able to provide this type of service, we need to have parts in stock, which is what we always try to do. It’s been a real passion of the owner to want to do a good job. Service is our Number One thing.” Quirk recognizes that its customers are under pressure to repair vehicles quickly and properly, so the operation goes out of its way to get them what they need. There’s no such thing as a small order to the team at Quirk. It’s not uncommon for a driver to travel 70 miles to deliver a $100 order.

Tom Conway (warehouse manager) and Mike Perez (assistant warehouse manager)

Quirk operates under three main divisions: Retail auto sales, wholesale parts and an auction division in Quincy. The Massachusetts wholesale parts location serves the North Shore area down to Cape Cod and as far as Worcester (plus some parts of Rhode Island). The New Hampshire location serves parts of Vermont as well. Quirk Auto is considered one of the biggest auto dealers in the Commonwealth, selling as many as 35,000 vehicles a year. They have dealerships throughout Massachusetts and New Hampshire. Quirk recognizes that its customers are under pressure to repair vehicles quickly and properly, so the operation goes out of its way to get them what they need. There’s no such thing as a small order to the team at Quirk. Being fully aware of the many challenges facing shops in Massachusetts (including having the the lowest Labor Rate in the country), Quirk Auto recently came on board as a Gold sponsor of AASP/MA’s Vendor Affinity Program. “The Labor Rate is just unrealistic. It’s low and it puts pressure on our customers. This is clearly a concern of ours; if our customers aren’t healthy and growing, it reflects on us as well. We want to support the association in its endeavors.” As an outside sales rep, Jewett spends a lot of time on the road visiting shops, building relationships and carrying out the vision of the man who started it all. “The driving force of the company is clearly Mr. Quirk. He is the man behind the operation: The owner, creator and visionary who put this all together.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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THEY’RE CALLED “ORIGINAL BMW PARTS” FOR GOOD REASON. FOR UNCOMPROMISING PRECISION AND INCOMPARABLE QUALITY, YOUR BMW CENTER IS YOUR ONE-STOP SHOP FOR EVERYTHING BMW. For Original BMW Parts, contact one of these authorized BMW centers: BMW of West Springfield 1712 Riverdale St. West Springfield, MA 01089 PH: 413-746-1722 FAX: 413-304-9009 bmwwestspringfield.com

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

Tulley BMW of Nashua 147 Daniel Webster Hwy Nashua NH 03060 PH: 603-888-5050 FAX: 603-888-8427 tulleybmw.com

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

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

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

18 October 2019

New England Automotive Report


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LET US TURN THEM AROUND! CONTACT

New England Automotive Report Sales Director Alicia Figurelli (973) 667-6922 alicia@grecopublishing.com

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Good condition. Price negotiable.

$500 (damaged) Billerica, MA

Contact: Alex (978) 667-3750 guysautobody@hotmail.com

Used 27-foot Blowtherm Downdraft Spray Booth

$15,000 Contact: George (781) 396-8282 george@hoganandvan.com New England Automotive Report October 2019 19


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Genuine Replacement Parts For the Road Ahead.

Avoid problems down the road that will cost you time, money and customers. Choose Genuine Subaru Replacement Parts, engineered to fit better today, and perform better tomorrow.

For Genuine Subaru Body Parts, contact the following Authorized Subaru Dealers: Long Subaru 7 Sutton Rd. Webster, MA 01570 800-982-2298 Fax: 508-879-1212 tschube@longauto.com

20 October 2019

New England Automotive Report

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475


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Mattie Volkswagen 80 William S. Canning Blvd. Fall River, MA 02771 800-678-0914 fax: 508-730-1283

Lia Volkswagen 140 Elm Street Enfield, CT 06083 860-698-6890 fax: 860-265-7840 www.liavw.com

Volkswagen of Hartford 133 Leibert Road Hartford, CT 06120 Direct Parts: 860-543-6012 fax: 860-728-4408 email: ebautista@vwofhartford.com

Mastria Volkwagen 1619 New State Highway Raynham, MA 02767 Toll Free: 888-581-1146 Direct Parts: 508-802-9955 fax: 508-802-9966 email: vwparts@mastria.com www.mastriavw.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475

New England Automotive Report October 2019 21


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[LOCAL] NEWS

ADDRESSES DELAYS, OFFERS PLAN FOR COMMITTEES The past several months have seen a decreased presence from I-CAR in the Massachusetts market, and many shops are curious as to why this is and where the training organization intends to go from here. The current status of I-CAR’s involvement in the Commonwealth Paul Hill of I-CAR was addressed at length during a recent I-CAR Committee meeting at Fuller Auto Body in Auburn. Paul Hill, I-CAR’s principal of business development for the northeast region, updated area shop owners, instructors and vendors on the organization’s current activities and plans to reenergize and expand the organization’s reach in the state. Addressing ongoing delays in the official rollout of ICAR’s Professional Development Program II curriculum, Hill revealed that “IT issues” prevented the originally planned April 2019 launch. While an official launch date was not determined at the time of the meeting, he noted that I-CAR is working to provide live classes in Massachusetts and Connecticut in the interim. “We will address the shortage of instructors in the market after the launch. We will also revisit having I-CAR in the Massachusetts-sponsored workforce development programs.” As I-CAR continues to iron out its internal technical structure, it is focusing attention on strengthening its five committees in the state. Currently, I-CAR committees exist in the western, central, North Shore, South Shore and Boston regions. The current goal is for each committee to have three meetings a year, with Hill suggesting that members provide “brutal honesty” on the organization’s efforts. “We want the committees to be our voice to the customer…Challenge the status quo [and] challenge us on what we’re doing and guide us to where we need to be.” As a way to offer guidance and incentives for committees to most effectively support I-CAR’s mission, it has developed an eight-point checklist of goals for each to achieve. The first is a Train-to-Gain Referral that asks committee members to reach out to shops that have 22 October 2019

New England Automotive Report

not trained with I-CAR in the last 18 months and encourage them to take advantage of the organization’s Professional Development Program and related services. I-CAR hopes to add 1,521 new shops to its user base by the end of 2019. The second committee goal is assisting ICAR in reaching its current In-Shop Knowledge Assessment goal of 1,144 shops. “Shops that are on the fence about becoming Gold Class have a closing window of being grandfathered in with today’s standards,” Hill explained. “Anybody who has signed up for the In-Shop Knowledge Assessment – even if it hasn’t taken place, but they’ve made their payment and are in the program – will be grandfathered in to today’s standards and will not have to get to Gold under the higher standards.”

Addressing ongoing delays in the official rollout of I-CAR’s Professional Development Program II curriculum, Hill revealed that “IT issues” prevented the originally planned April 2019 launch. Another committee benchmark requires each I-CAR committee to have at least one member actively participating on a school Advisory Board. A related goal is for each committee to identify at least one school in its market that doesn’t have a Professional Development Program-Education Edition (PDP-EE) and promote the value of that curriculum to that institution. “Outside of just promoting the curriculum, it’s [about] talking to schools about being fixed training sites if they’re not, interacting with them and finding out if they’re struggling with the program and need some assistance and sending that information back [to us].” Other committee goals include having each member take one live, online or virtual I-CAR class (with committee officers required to watch one I-CAR “360” video from the Repairability Technical Support [RTS] website), hosting at least one fundraising event in support of a local school, completing one public-facing I-CAR promotional event and submitting their committee roster. Committees that reach three to four goals will receive “Bronze” status, with those achieving four to six earning a “Silver” designation. “Gold Committee” status will be given to those groups that reach seven to eight goals, while “Platinum” status will be awarded to committees that attain the “Gold” level in four of the past five years. For more information on I-CAR committees, please contact Hill at Paul.Hill@i-car.com. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS


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[LOCAL] NEWS By Joel Gausten

ADALB PROLONGS INACTIvITY ON SHOP/vENDOR ADvISORY RULING Although meetings of the Auto Damage Appraiser Licensing Board (ADALB) often feature discussions and developments of critical interest to the Massachusetts collision repair community, the August 20 gathering held at the Division of Insurance in Boston was notable for what didn’t take place. Once again, the Board failed to address a longstanding proposed Advisory Ruling (originally penned by Board member William Johnson [Pleasant Street Auto; South Hadley/Belchertown] and then-member Lyle Pare of Plymouth Rock Assurance] in regard to sourcing parts from vendors that refused to sell to particular shops. At the Board’s August meeting, it was determined that more time was needed to allow Johnson and Board member Samantha Tracy of Arbella 24 October 2019

New England Automotive Report

Insurance (who replaced former member Joseph Coyne, Jr. of Home & Auto Appraisal Bureau Inc. earlier this year) to review the Advisory Ruling for further discussion and a potential vote. Johnson cited “scheduling problems,” including Tracy’s time spent taking her appraiser exam, as the reason for the delay. The two Board members announced plans to get together to finally review the document prior to the Board’s September 24 meeting. Meeting attendee Peter Langone (Langonet Auto Body & Frame; Agawam), an outspoken advocate for approval of the Advisory Ruling, voiced his frustration over the constant delays in the Board’s review process. “We’re going on nine months without a decision on this,” he said. “For some shops, this is something

we’re dealing with every single day with every single appraisal from certain insurance companies…We really need to get the decision made one way or the other so people can move on and do what they need to do.” The issues that led to the drafting of this Advisory Ruling were first discussed at the Board’s December 5 meeting. The topic was introduced by Pare in response to a letter he received by shop owner Mike Boucher (Custom Auto Body; East Longmeadow). According to Boucher’s correspondence, his shop received an insurance estimate that prescribed a non-Certified Automotive Parts Association (CAPA)-certified aftermarket bumper cover from a vendor that didn’t deliver to his area. Boucher then purchased a CAPA-certified part from another vendor and provided the insurer with a supplement that included a small part price increase for the CAPAcertified product. The carrier refused to honor this additional charge. “I don’t understand why an insurance company would refuse to pay a price part increase on an aftermarket part if it’s certified and the shop uses it,” commented Pare. The conversation then moved on to address a related issue concerning insurers writing estimates that list parts vendors that refuse to do business with the shop performing the repairs. Langone stated that his facility was being blocked by certain vendors that insurers included on their estimates. “I’m stuck with a vendor that won’t come to me. They won’t even allow me on their website…I cannot access the part, so I cannot follow the regulation.” Then-Board member Joseph Coyne, Jr. (Home & Auto Appraisal Bureau Inc.) expressed his discontent over the trend. “The person who has the biggest problem here is the consumer, who


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is sitting without having his or her car repaired because a vendor refuses to sell to a body shop,” he observed. “That’s a problem.” Later, Pare opened the floor to anyone attending from the insurance industry who wanted to offer an opinion or resolution to the problem. This offer did not receive a single response or comment. The December discussion was the last to include Coyne, who was replaced by Tracy prior to the Board’s January 23 meeting in Boston. This meeting featured a review of Johnson and Pare’s draft Advisory Ruling (with subsequent amendments suggested by Pare in bold): Appraisers should continue to follow 211 CMR 13.04 (1) and (1c) […] on preliminary appraisals. If the vendor for the insurance company which has been listed as the source for the part(s) on the appraisal, cannot or will not make the part(s) available to the consumer and/or the repair shop due to the fact they have no retail facility in the geographical area or refuse to deliver such part(s) to the consumer and/or the repair shop for any reason beyond the control of the appraisers, the appraiser shall negotiate a replacement part of the same type of part(s) listed on the appraisal from an alternative vendor or source which will make the part(s) available to the consumer and/or repair shop, and the insurance company shall be responsible for the costs of the replacement part(s). Tracy voiced unease with the draft’s aims. “If I’m a colossal jerk and I return everything that you send me and you decide that it’s not worth doing –” “That doesn’t make somebody a jerk,” interjected Board member

Rick Starbard (Rick’s Auto Collision; Revere). “[The shops] do highquality repairs.” “Maybe they do high-quality repairs,” agreed Tracy. “So, I work with you and I return 90-plus percent. You decide, ‘You know what? From a business perspective, it’s just not worth it.’ It’s not worth your time…Is it appropriate for me to step in and manage that relationship?” Responding to Tracy’s question, Johnson stressed that the insurer indeed plays a critical role in shop/vendor interactions. “If there’s high return volume, that has to be agreed [on] by the insurance appraiser and the auto body shop. The auto body shop just can’t send [the part] back and say, ‘I’m not using [it].’ The insurance appraiser would have had to go out there, look at the part and say, ‘You’re right. [The part is] not good quality’ and send it back. Otherwise, the shop would not have gotten paid originally. So, a high retail rate was both people agreeing […] that part was not of good quality before it got returned – which created the high retail rate. It’s not just the shop saying, ‘Oh, I don’t like this.’ AASP/MA Executive Director Evangelos “Lucky” Papageorg took Tracy to task for her negative comment in regard to shops with a high parts return rate. “Because a shop wants to do quality work, you’re categorizing them as ‘jerks’?” Tracy later apologized for her “poor choice of language.” After voting to approve the suggested amendments to the Advisory Ruling, the Board agreed to continue their discussion on the possible final approval of this Ruling at their February 26 meeting. Unfortunately, this meeting never took place. A major personnel shakeup led to the dismissal of both Pare and long-serving Chairman Gilbert Cox. The Board did not meet

again until April 30. By that time, Cox had been replaced by new Chairman Michael Donovan, and Pare had been replaced by new Board member Peter Smith (MAPFRE Insurance). The Board voted to table the Advisory Ruling until Donovan and Smith had an opportunity to thoroughly review the matter. At the June 11 meeting that followed, Johnson motioned to again table it until he and Tracy had an opportunity to “go through it and see if we can get something issued that the Board and the industry understand and go forward [with].” Additionally, he expressed a desire to delve deeper into “what the industry standards are on returned parts” and work with Tracy to develop language for the Ruling that would be “palatable to all involved.” This led to the most recent August 20 meeting and further inaction from the Board. “AASP/MA is greatly disappointed in the ADALB’s lack of progress on this Advisory Ruling,” Papageorg tells New England Automotive Report. “I find it interesting to note that three of the five voting members who indicated they would vote in favor of a shop that submitted a complaint based on these facts are now gone. Draw your own conclusions. The Board is charged with the responsibility to uphold their regulations and take action on any conduct that threatens shops’ ability to work within them and protect the consumer/vehicle owner. We will continue to push for a fair and equitable solution that protects our members from outside parties attempting to force them to do things that defy these regulations. The ADALB needs to do their job and act on this issue before more consumers and shops suffer the consequences.” Complete videos of all the ADALB meetings mentioned in this article are available in the Members Only section of aaspma.org. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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[LOCAL] FEATURE By Joel Gausten

A LIFETIME OF AUTO ACHIEvEMENT: TONY LOMBARDOZZI

LOOKS BACK At 78, New Hampshire-based collision repair professional Tony Lombardozzi has worn more hats than just about anyone in this industry. Owner of Automotive Collision Repair Services (Nashua and Hudson) and ProTree Performance (Hudson). I-CAR instructor. President of the New Hampshire Collision Repair Association. One of the public faces of the Coalition for Collision Repair Excellence (CCRE). One of the originators of Collision Repair Information Systems (CRIS). The list is endless. If you can name it, there’s a good chance he’s done it. Throughout his time in the industry, Lombardozzi has been dependably outspoken on many industry issues. Although he’s never resisted speaking his mind, he’s always made sure to do so in a nonconfrontational way. “I always taught in the I-CAR classes that we’re all individual people with individual opinions. I would tell them, ‘This class is for educational purposes only; leave your confrontations and personal feelings at the door.’ That really worked well. I had many people from the insurance industry who were in my I-CAR classes or I’d meet over the years respect me for who I am, but they would also tell me to my face I was the biggest pain in the butt they had in New Hampshire!” This mindset continued through the ’90s as he became one of the most active members of CCRE, a group that 28 October 2019

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became known for their trademark red shirts and willingness to tell others exactly how they felt about shop/insurer relationships. “We were very active in trying to get people to realize that they didn’t have to follow all of these guidelines and that working with insurers was sometimes very detrimental to the industry. I still believe that. Insurers are not the enemy by any means; they just don’t belong in our industry. Insurers pay claims; the collision industry repairs damaged vehicles. That’s it. The two cannot work together without somebody taking advantage of the other party.” Although collision repair can be a tough business, he always found joy in going to work every day. “I loved automobiles. The fact that we could take twisted, bent and completely misshaped metal and structures and use the equipment, knowledge and skills that we had to bring that vehicle back to its original state and shape was phenomenal to me. That was a great accomplishment, and I took great pride in that.” In 2013, he decided it was time to step away from the collision repair facilities that had provided him a livelihood and sense of pride since 1979. “It was a combination of things,” he says of retiring from daily shop life. “I was at the point where it wasn’t fun to go to work anymore. I thought, ‘I’ve been at this for a long time.’ I had someone who was interested in

purchasing the company. As you get older, it becomes more and more difficult to continue at the pace you’ve been keeping for so many years. Traveling, going to seminars, researching, reading publications, teaching the I-CAR classes – all of those things together eventually got to me and made me think, ‘It’s time to slow down.’ I think I made the right decision; I’m glad I did it.” Even though he had sold Automotive Collision Repair Services and ProTree Performance, he wasn’t prepared to say goodbye to the industry entirely. Before long, he teamed with former AASP/MA Executive Director Peter Abdelmaseh in launching Superare, a company that works to help shops through the front office and repair processes via seminars and direct consulting. Much to Lombardozzi’s relief, many of the documentation methods showcased by Superare – and by CCRE before it – are being actively embraced and utilized by repairers nationwide. “I’m very glad that it’s happening. Not enough change has taken place on the management side, but I’m optimistic because I do see things changing. I see people adopting the philosophy, and that’s great. Documentation has always been the key to success in my eyes.” As for the future, he is hopeful that more shops will learn the value of standing up for themselves. “I see an industry that is very reactive rather than proactive. We


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have too many people who direct the way this industry will go who really have no business in the repair industry…The industry allows other people to tell it what it has to do. The thing that would bug me the most was going to an industry function and listening to an insurance company person tell the group how we would have to do business in the coming year. That was very, very frustrating to me.” Despite his strong feeling on insurers, he is quick to add that he is not necessarily opposed to the DRP/referral system – as long as it truly operates as a mutually beneficial partnership. “I think DRPs can have some good for the industry, but how should they work? I’ve always said I want to see the day when a shop talks to an insurer and the insurance person asks, ‘What do we have to do to be on

your program?’ Right now, it’s the opposite way around. Insurers need us more than we need them. Once this industry discovers that, we’ll probably be a lot better off.” At a special ceremony held in Nashville last April, he received the Society of Collision Repair Specialists’ (SCRS) 2019 National Lifetime Achievement Award for his many years of work on behalf of his profession. “I was completely blown away. I was in awe that I would be honored by the peers in my industry who had – in some respects – a different philosophy than I had. I never knew that they were aware of how hard I worked to see positive change in the industry. There have been very few times in my life in this industry when I’ve been at a loss for words. That was one of them.” Of course, Lombardozzi’s greatest

accomplishment is his dear and loving family. His wife, Joyce, has been at his side for 42 years, and the two celebrated their 38th wedding anniversary this past summer. His son, Dana, worked with him for many years as a painter and also served as manager of ProTree Performance. His daughter Toni works as an architect in Charleston, SC, while his other daughter, Daryl, is a “homemaker and hard-worker” in Upstate New York. With one of the most remarkable careers in collision repair history already behind him, Lombardozzi looks forward to staying active and engaged in the automotive world for a long time to come. “The industry has been good to me, and I’ve always wanted to give back. I would love to leave it better than what it was when I first got into it.” PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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[NATIONAL] NEWS By Alana Bonillo

EDuCATIOn, Innovations and IDEAS Coming to SEMA 2019 In this ever-changing world of collision repair, one can’t afford to miss a beat in staying abreast of new procedures, technological advances and forwardthinking innovations. Therefore, it is no surprise that thousands of collision professionals from all over the nation will be heading to the Las Vegas Convention Center in just a few weeks to take advantage of the 2019 SEMA Show. This year’s Show marks the 10th anniversary of the Society of Collision Repair Specialists’ (SCRS) Repairer Driven Education (RDE) series. This year’s slate (scheduled for November 4-8) promises to exceed the high expectations set by previous installments. Paul Webb and Elle Artison of WebbVT will kick things off with a special keynote presentation, “Advanced Business Communications – The A-B-Cs of Building Trust,” during a special timeslot – November 4 from 1pm to 3pm. They will introduce attendees to a way of communicating that is all about building trust and teaching people how to buy as opposed to selling people things. “Our talk on communications is going to address how to work better with building trust with your staff; in doing so, you will lower your overhead,” explains Webb. “The second key ingredient is matching co-worker strengths with job responsibilities to reduce employee turnover, which also reduces overhead.” New to the RDE slate this year is Tyler Brunatti of Podium, who will educate collision repairers on “Why Your Collision Center Should Be Texting” on November 5. “It’s important for business owners to understand how consumers want to communicate. Things are always changing, and you have to keep up with consumer demand. Otherwise, they will pick another business that has those tools in place that allow them to do so. It’s all about convenience,” he explains. RDE presenter John Shewbridge (Hunter Engineering) believes that body shop owners need to realize there is an opportunity to enhance their bottom line and protect themselves from liability by bringing wheel alignment in house rather than subletting it. He plans to show them just how to go about it through his November 6 discussion, “Using Wheel Alignment to Diagnose Suspension.” “A lot of safety systems have to be addressed after the alignment and collision,” he says. “Hunter is 32 October 2019

New England Automotive Report

working with several manufacturers out there that produce systems for safety system resets that pair up well with alignment equipment, which makes it a lot easier for a body shop to invest in the equipment and try to keep as much as they can in-house.” Repairers won’t want to miss the OEM Collision Repair Technology Summit on November 7, which will put SEMA show attendees in a room with innovators in automotive structural design and technology. “The Summit’s three sessions will feature distinctly different topics that host discussion between companies and individuals that highlight developments in both the industry and modern vehicles, with a focus on emerging trends that influence vehicle repairability and collision industry preparation,” explains SCRS Executive Director Aaron Schulenburg. The RDE series concludes on November 8 with the much-anticipated second installment of the IDEAS Collide showcase. The popular event, which debuted in 2018, returns with a new slate of 10 speakers who are expected to wow audiences with new ideas and solutions within their individual 10-minute TED Talks-style time slots. “We are so excited about this line up. It’s an interesting group of speakers who branch out into some unusual topics that really embrace the idea of disruption and solution and things that are outside the typical for our industry,” comments Schulenburg. IDEAS Collide Showcase speakers include Ryan Taylor (CEO of Body Shop Booster, Inc.); Tim Ronak (senior services consultant for AkzoNobel); Mario Dimovski (CEO of Tradiebot Industries); Elle Artison (CEO of Paul Webb Training); Kyle Holt (president of S/P2); Fred Iantorno (vice president of loT [Internet of Things] for VeriFacts Automotive); Wayne Mitchell (global director automotive solutions for Stericycle Expert Solutions); Judy Folk (collision repair design service for Sherwin-Williams Automotive Finishes); Doug Kelly (CEO of asTech ); and John Goglia (independent aviation safety consultant and adjunct professor at Vaughn College of Aeronautics and Technology). For the complete SEMA Repair Driven Education schedule (plus information on how to register), visit semashow.com/scrs. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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[COVER] STORY By Joel Gausten

Need Employees? National Actions to Secure the Future

There are plenty of things to keep Massachusettsbased shop owners up at night, but perhaps the greatest struggle they face is finding good employees. This month, New England Automotive Report explores ways that national automotive groups – as well as the Government – are working to address a problem felt in the Commonwealth and beyond.

Benefits Matter

An Uncommon Solution

Although AASP/MA largely works to address issues in its home state, the association maintains strong ties to national collision repair groups working to leverage their size to provide support and relief to smaller state groups. In addition to its ongoing involvement with AASP National, AASP/MA is an active affiliate of the Society of Collision Repair Specialists (SCRS), a national organization representing over 6,000 collision repair businesses and 58,500 specialized professionals. Currently, SCRS is actively promoting its new 401(k) platform for collision repair-related entities of all sizes. SCRS Executive Director Aaron Schulenburg notes that the program was designed in part to make it easier for small businesses – including AASP/MA members – to provide stronger benefits to employees while increasing the potential for long and successful industry careers for new recruits. “One of the struggles is that we have small businesses that have a hard time competing with larger businesses in the industry as well as other businesses that may be attractive to a similar group of entrants into the trades. The collision repair industry may lose out to other automotive trades or industries that are more prepared to offer enhanced benefits or higher pay.” Currently, the 401(k) program boasts nearly 100 participants and has already saved industry members nearly $30,000 in annual fees. (More information on SCRS’ 401[k] program is available at scrsbenefitscenter.decisely. com. Information on other SCRS benefits can be found at scrs.com/member-benefits.)

While working closely with vocational-technical schools creates a critical pipeline for new hires, shops might do well to also consider a largely untapped resource: The US Government. The Department of Labor has a slew of free services available to connect shops and other businesses with potential hires. A major component of the Department’s work is ensuring that United States veterans experience a successful transition back to the civilian workforce. The Transition Assistance Program (TAP) and Hire Our Heroes (HOH) are just two examples of the many federally driven opportunities employers have to tap into the veteran employee base. “At the end of the day, most veterans want to help take your organization to another level,” offered Department of Labor National Strategic Outreach Specialist Roxann Griffith during a recent Collision Industry Conference (CIC) in Indianapolis. “If you tell them why their job is important to your mission, they tend to want to stick with it.” To illustrate just how fertile the military field truly is from an employment perspective, Griffith shared the enormous success enjoyed by Service King, which worked with the Department of Labor in a workforce initiative to hire 500 veterans in five years. Thanks in large part to a Superbowl ad that featured a veteran discussing transitioning “from one family [the military] to another family [Service King],” the multi-shop auto repair chain has hired approximately 700 veterans in the past four years.

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As a result of the Department of Labor’s focus on hiring veterans, this class of workers is now at a 2.3 percent unemployment rate – an entire point lower than the national average as of July 2019. Clearly, these efforts are working – and may guide the auto body field towards a more fruitful future. Of course, veterans also bring two key factors to a workplace environment: Discipline and experience. At a time when the repair industry is struggling to keep up with changing technologies, employing workers who’ve spent time with some of the most advanced equipment in the world presents a considerable advantage. As Griffith noted at CIC, the armed forces offer “the best training facility in the world” for technically skilled employees.

Tips and Traps As shops across the country work to solve the human resources crisis, industry experts on the frontlines of the issue have seen plenty of ideas succeed and others crash and burn. Kyle Holt, president of S/P2 (sp2.org), serves collision repair shops and other trade employers by connecting them with the next generation of skilled workers through S/P2 Careers (sp2.org/careers), a recruiting platform of more than 50,000 resumes that businesses can use to recruit locally, regionally and nationally. S/P2 works with

2,300 collision, auto service and heavy-duty diesel shops nationwide. Based on his experience, he has some practical advice for any automotive business looking to entice and keep employees. At the top of his list is advising shops to present a pay plan to new hires that makes sense. “If you want to put a young, entry-level technician on flat rate, you’re going to drive them out of the industry. They’ve got to be on an hourly wage or [have] some way that they are not going to starve while they’re learning.” Additionally, he suggests that repair facilities purchase tools for employees so that new recruits don’t have the added burden of buying their own tools at a time when they need an income to survive. Above all, he urges shops to do a better job of keeping employees’ expectations realistic. “As an industry, we are not doing a good job of telling the students, ‘Here’s what you can expect; here’s the career path…These are the things you need to do to move from an entry-level technician to a C tech, a C to a B and a B to an A.’” Gaining new technicians at your business is not always easy, but thinking outside the box and reaching out to other industry members dedicated to improving the workforce may prove to be the answer to one of collision repair’s most daunting dilemmas. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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New England Automotive Report October 2019 37


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· Fax or emailing your order will speed processing and delivery to your location.

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WHY GENUINE PARTS? It’s the Right Thing to Do

You lose money when aftermarket parts don’t fit. Toyota Dealers are your best source for Genuine Toyota Parts. All it takes is one call. For Toyota Genuine Parts please call one of these authorized local Toyota Dealers: RA Toyota of Manchester 33 Auto Center Road Manchester, NH 03103 Toll Free: 800-828-6076 Direct: 603-657-2410 Fax: 603-657-2419

IRA Toyota Danvers 161 Andover Street Danvers, MA 01923 PH: 800-774-8411 ext.1 Direct: 978-739-8306 FAX: 978-739-8098

stirrell@iramotorgroup.com www.iramotorgroup.com

www.iramotorgroup.com

Bernardi Toyota 1626 Worcester Road Framingham, MA 01702 Parts Direct: 800-248-3033 FAX: 508-879-7895 www.bernarditoyota.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

ToyotaPartsAndService.com New England Automotive Report October 2019 39


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

Don’t Get Hit by an Uber! A few weeks ago, there was a frontpage article in the Boston Globe about a woman who had gotten the runaround from “three corporate titans” when the passenger door on the car she was driving was hit by a vehicle whose driver pulled out from the curb without looking. The article was aptly subtitled: “She Was Hit by an Amazon Flex Driver – and Left in the Ditch by Auto Insurers.” Under the Standards of Fault regulations issued by the Division of Insurance, the other driver was presumptively at fault “when operating a vehicle which is leaving or exiting from a parked position.” In fact, no one involved with the claim ever questioned that the other driver was at fault. Yet, getting paid for the full amount of her loss took the claimant several months, and then she got paid only when the Globe’s consumer reporter stepped in.

An Excruciating Claim Experience The woman whose car was hit had collision coverage with GEICO and initially began making a claim with that insurer. The GEICO claims representative told her it would pay the claim, but the woman would have to pay her $500 deductible up front. It was suggested that the woman instead make a third-party claim against the other driver’s insurer, Progressive. The GEICO representative told her that the better option would be for Progressive to pay the whole claim without deduction, since Progressive’s insured was at fault.

When the woman contacted Progressive, it initially accepted the claim. A few days before repairs were to begin, however, Progressive told the claimant it would not pay her claim because it had discovered that its insured had violated the terms of its insurance policy. It turns out its insured was using her car to deliver packages for Amazon at the time and had not told Progressive that she was doing so. Although the person had full liability coverage with Progressive, the standard Massachusetts Private Passenger Auto Policy that Progressive uses excludes coverage for insureds who

are using their vehicles “for hire.” The Progressive rep suggested that the claimant go back to GEICO. The claimant made a claim with GEICO but had to pay her deductible out of pocket. She also suffered some physical injuries that both GEICO and Progressive gave her grief about paying. As the Globe article pointed out, neither GEICO nor Progressive ever suggested that the woman make a claim against Amazon, even though their claim representatives clearly should have known that was what the woman should do. The woman eventually tried to make a claim against Amazon on her continued on page 43

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New England Automotive Report


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It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit. Honda collision repair parts are engineered and manufactured to Honda standards. In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it. For Genuine Honda parts, contact these Authorized Honda dealers.

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

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

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

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

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

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

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

New England Automotive Report October 2019 41


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

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

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

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

Regardless of the age of your customer’s Audi, Audi dealers have access to over 200,000 part numbers. No other supplier comes close.

Helping you do business is our business. Order Audi Genuine Parts from these select dealers. Audi Natick 549 Worcester Street Natick, MA 01760 www.bernardiaudi.com 800.247.3033 Fax: 508.651.6841

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

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New England Automotive Report

Audi Peabody 252 Andover Street Peabody, MA 01960 800.774.8411 Parts Direct: 978.605.2182 email: pwalke@iramotorgroup.com www.audipeabody.com

Mattie Audi 80 William S. Canning Blvd. Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com


NEAR1019.qxp_NEAR1014 9/18/19 10:45 AM Page 43

[LEGAL] PERSPECTIVE continued from page 40 own, but she got the runaround from that company as well. It was then that she contacted the Globe consumer reporter. The Globe reporter made calls to GEICO, Progressive and Amazon, and (surprise!) got results from all three when they realized that the story of the claim was going to end up in the newspaper. Both GEICO and Progressive promised to make subrogation claims against Amazon for their respective payments of auto repair and medical bills and to protect the claimant’s interests when doing so. As reported by the Globe correspondent, “Several days after I first contacted Amazon, the retail giant cut a check for $500 to cover [the claimant’s] deductible, pledged full coverage of her other expenses and acknowledged a customer service breakdown, which it said was being dealt with within the company.”

Should Insurance Have Covered This Loss? It turns out the driver responsible for the claimant’s loss was working as an “Amazon Flex” driver. That is a person who works part-time delivering packages for Amazon but uses their own vehicle when doing so. The job is similar to Uber and Lyft drivers, who use their own vehicles to transport people or sometimes packages or food under Uber Eats and similar programs. It is also true that private passenger auto insurance policies in Massachusetts do exclude coverage for drivers working under one of these programs. After all, there may be increased risk for the insurers, particularly if their insureds are using their vehicles for a significant amount of time while transporting and delivering people and packages. Uber, Lyft, Amazon and other similar companies, however, have separate insurance to cover drivers when they work for them. While each company may have slightly different coverage, the policies are all similar. They are also limited as to when they provide coverage, and it is important to know what those limits are. A good example is the Uber driver insurance policy, as explained on its website. It is meant to cover its drivers while they are working for Uber. But exactly when the coverage applies needs to be looked at more closely. If a driver is on the way to pick up a passenger or is actually transporting a passenger, then the Amazon policy has $1 million in third-party liability insurance. The $1 million limit appears to be a total for both personal injury and property damage coverage. The policy also provides uninsured/underinsured personal injury coverage for the driver and their passengers in addition to “contingent” collision and comprehensive coverage.

What that means is that the driver must have purchased their own collision and comprehensive coverage for the vehicle in order for the Uber coverage to apply, even though the Uber coverage really only applies when the driver’s own private passenger insurance won’t cover the loss because the driver – at the time – is working for Uber. The Uber collision and comprehensive coverage also has a $1,000 deductible

The moral of the story is: Don’t get hit by an Uber (or Lyft or Amazon) driver! When an Uber driver is waiting for a call (rather than responding to a call or transporting a passenger), Uber still provides coverage, but it is much more limited. In that situation, Uber’s coverage will only apply if the private passenger insurance denies the claim. Further, the limits of coverage are only $50,000-per-person third-party personal injury coverage, $100,000 aggregate per accident and $25,000 in third-party property damage coverage. Uber formerly had this coverage only when a driver was responding to a call and had not yet picked up a passenger, but it has changed to provide the broader coverage in this situation. It does not appear that collision or comprehensive coverage is provided if the driver is waiting for a call. Uber can tell which coverage is applicable, since the driver’s Uber app lets the company know what is happening. An Uber driver is required to have the app turned on at all times they are working for the company. If the app is turned off, there is no coverage. If the driver’s Uber app is turned on, then the app can determine and report whether the driver is waiting for a call, responding to a call or transporting a passenger or package. As one may imagine, disputes arise between the driver’s private passenger insurer and Uber’s (or Lyft’s or Amazon’s) insurer as to which policy is supposed to provide coverage at any given time. As examples, what if a driver does not want to be taking calls but forgets to turn off their Uber app? What if a passenger has just exited the vehicle but slips and falls on the curb – or worse, gets hit by the driver while the car is pulling away? Depending on the type and amounts of private passenger insurance the driver has, it can make a big difference as to which company is responsible. And a dispute as to coverage may greatly delay payment of the claim.

continued on page 46

New England Automotive Report October 2019 43


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GENUINE NISSAN PARTS

MAKE ALL THE DIFFERENCE.

Only Genuine Nissan Parts deliver the fit, reliability, and performance to meet your shop’s collision repair needs. So keep it original, and keep it real with Genuine Nissan Parts. Contact these Nissan dealers for all your parts needs: Mastria Nissan 1305 New State Highway Raynham, MA 02767 Direct Toll Free: 800-248-2458 Direct Fax: 508-802-6118 E-mail: parts@mastrianissan.com

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

Web: www.mastria.com

44 October 2019

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

New England Automotive Report

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475


NEAR1019.qxp_NEAR1014 9/18/19 10:45 AM Page 45

Get it right from the source.

Ford and Lincoln Mercury dealers are the one-stop source for all of your collision repair needs. When you need fascias, grilles, headlamps, wheels or any other Ford Motor Company Genuine Part, call your local wholesaling dealership. They’re a great souce for technical and repair information as well. Using Genuine Parts can help your body shop reduce cycle time, improve relationships with insurance companies and satisfy customers. So get everything you need in just one call to your one-stop collision repair resource – your local Ford or Lincoln Mercury Dealership.

Contact these Ford or Lincoln Mercury dealers for all your parts needs: Imperial Ford 6 Uxbridge Road Mendon, MA 01756 Toll Free Parts: 877-272-0332 Toll Free Fax: 877-800-6316 Call us for your wholesale parts needs

Sarat Ford Lincoln Mercury 245 Springfield Street Agawam, MA 01001 413-786-0430 Fax: 413-789-3715 www.saratford.com

Sentry Ford Lincoln 4100 Mystic Valley Parkway Medford, MA 02155 Parts: 617-506-6309 Fax: 781-874-9934 E-mail: pnewell@sentryautogroup.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475

© 2019, Ford Motor Company New England Automotive Report October 2019 45


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EXECUTIVE DIRECTOR’S MESSAGE continued from page 13 a strong foundation. Our “patriots” are those shops that have responded resoundingly by taking the Labor Rate Survey. Now is the time to double and triple our efforts on this critical issue. Are you going to take the wait-and-see approach and hope to hang on for survival? Are you going to sit back and let someone else fight what is truly your fight? By now, you have been contacted by phone or email on countless occasions by those who still believe in our ability to effect change. WHAT ARE YOU WAITING FOR? I know that many of you are suffering from “learned helplessness.” The only way to reverse and kill that feeling is to get involved with your fellow positive, forward-thinking colleagues. They are the best allies anyone has. The adage, “No one of us is stronger than all of us,” comes to mind and should be a rallying call. I truly wish that AASP/MA could wave a wand and make things right and just for everyone - consumers and collision repairers alike. Alas, there is no such wand, but there is our voice and the fact that we can accomplish anything we set our minds to. If you are an AASP/MA member, I look forward to seeing you at upcoming local chapter meetings. Bring a non-member as a guest. It could turn out to be the best investment you could make in your own future. If you are a non-member of AASP/MA, you MUST get involved. Join the “patriots” as we rise up and revolt against the tyrants who are oppressing us and failing to live up to their obligations to their policyholders all in the name of larger and

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

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New England Automotive Report

larger profits under the guise of cost control. Whose costs are they controlling? Not yours, clearly. Insurers are only controlling your ability to be properly reimbursed as a retailer providing a valuable and potentially life-saving service. I will close with one last quote: “When I despair, I remember that all

through history, the way of truth […] always won. There have been tyrants […], and for a time, they can seem invincible. But in the end, they always fall. Think of it – always.” - Mahatma Gandhi. All one needs to do is look at history and learn from it!!!

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

[LEGAL] PERSPECTIVE continued from page 43

What Can People Do to Protect Themselves? Because of the increased potential in today’s world of getting into a collision with a driver for one of these transport services, it is more important now to make sure other drivers have adequate firstparty insurance of their own. If the person whose case was reported in the Globe had purchased waiver of deductible coverage (which is very inexpensive), then she would not have had to worry about who was going to pay her deductible – her own insurer would have. Just having basic collision and comprehensive insurance becomes more important as well. And based on the thirdparty personal injury limits in some circumstances for the transport drivers, it makes sense for other drivers to make sure they have enough uninsured and underinsured coverage for personal injuries. If you are considering working for one of the transport companies, it becomes important to make sure you have enough of your own private auto insurance coverage.

Otherwise, what are you supposed to do when your own insurer has a dispute with Uber’s insurer as to who is responsible for coverage – or if you are just waiting for a call and subject to Uber’s lower coverage limits? It makes sense to check with your own insurer to see if you can purchase additional coverage that will protect you while you are working for the transport company. You may be able to buy add-on coverage, or you may have to purchase your own commercial coverage. That will almost certainly be more expensive than what you would pay for private passenger coverage. But if you are going to be spending a lot of time driving other people around for a fee, it may be particularly well worth the extra cost.

Conclusion The moral of the story is: Don’t get hit by an Uber (or Lyft or Amazon) driver! But if you do, make sure that you have proper and sufficient first-party insurance coverage to ensure that you are protected. PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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


NEAR1019.qxp_NEAR1014 9/18/19 10:45 AM Page 47

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NEAR1019.qxp_NEAR1014 9/18/19 10:45 AM Page 48


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