New Jersey Automotive February 2015

THE OFFICIAL PUBLICATION OF THE ALLIANCE OF AUTOMOTIVE SERVICE PROVIDERS/NEW JERSEY (www.AASPNJ.org) AND THE AUTOMOTIVE RECYCLERS ASSOCIATION OF NEW JERSEY (www.ARANJ.org)

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February 2015 $595

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P.O. Box 734 Neptune, NJ 07753 EXECUTIVE DIRECTOR Charles Bryant 732-922-8909 / setlit4u@msn.com 2013 - 2015 OFFICERS PRESIDENT Jeff McDowell, Leslie’s Auto Body 732-738-1948 / chacki@aol.com COLLISION CHAIRMAN Dave Laganella, Peters Body and Fender 201-337-1200 / petersbandf@gmail.com

VOLUME 45, NUMBER 2 | February 2015

CONTENTS

8 OUT OF BODY (AND MECHANICAL) EXPERIENCES 10 PRESIDENT’S MESSAGE 12 EXECUTIVE DIRECTOR’S MESSAGE

MECHANICAL CHAIRMAN Keith Krehel, Krehel Automotive Repair, Inc. 973-546-2828 / krehelauto@aol.com

IN MEMORY 18 Remembering Guy Citro

TREASURER Tom Elder, Compact Kars, Inc. 609-259-6373 / compactkars@aol.com

21 NATIONAL NEWS

Antitrust, RICO Suits Consolidated in Florida Expanded Airbag Recall Affects Millions

SECRETARY Thomas Greco, Thomas Greco Publishing, Inc. 973-667-6922 / thomas@grecopublishing.com BOARD Jerry McNee, Ultimate Collision Repair, Inc. 732-494-1900 / ultimatecollision@att.net

Sam Mikhail, Prestige Auto Body 908-789-2020 / mikhail@goldcar.com

Ted Rainer, Ocean Bay Auto Body 732-899-7900 / trainer@verizon.net

Anthony Sauta, East Coast Auto Body 732-869-9999 / ecabofnj@aol.com

Randy Scoras, Holmdel Auto Body 732-946-8388 / randy@holmdelautobody.com

Anthony Trama, Bloomfield Auto Body 973-748-2608 / anthony@bloomfieldautobody.com BOARD ALLIED Joe Amato, The Amato Agency 732-530-6740 / joesr@amatoagency.com

Mike Kaufmann, Advantage Dealer Services 973-332-7014 / mkaufmann@advantageds.com PAST PRESIDENT ATTENDING Tom Elder, Compact Kars 609-259-6373 / compactkars@aol.com

PUBLISHER Thomas Greco (thomas@grecopublishing.com) DIRECTOR OF SALES Alicia Figurelli (alicia@grecopublishing.com) EDITOR Joel Gausten (tgpjoel@verizon.net)

MANAGING EDITOR Jacquelyn Bauman (jacquelyn@grecopublishing.com) ART DIRECTOR Lea Velocci (lea@grecopublishing.com) OFFICE MANAGER Sofia Cabrera (tgp4@verizon.net)

CONTRIBUTING EDITORS

Charles Bryant • Tom Greco • Jeff McDowell Mitch Portnoi • Dave Laganella • Ron Ananian

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

16 COLLISION CHAIRMAN’S MESSAGE 20 2015 AASP/NJ SKI TRIP ANNOUNCEMENT 58 NJA ADVERTISERS INDEX

LEGAL PERSPECTIVE by Mitchell Portnoi, Esq. 28 Personal Injury Law in New Jersey: The Basics FEATURE by Joel Gausten 32 A Better Way? SHOP Offers Health Insurance Choices for Small Businesses

COVER STORY by Joel Gausten 37 38

NORTHEAST®: On the Horizon NORTHEAST 2015 Seminar Schedule

NO BRAKES by Ron Ananian 43 A Case of National Security AUTOMOTIVE RECYCLERS ASSOCIATION OF NEW JERSEY 48 Legal Update 49 Wharton Insurance Briefs THE LIST 53 My Favorite NORTHEAST Memory Is...

The Alliance of Automotive Service Providers/New Jersey Joe Amato, Sr. Ron Ananian Jim Bowers Charles Bryant Don Chard Guy Citro Ed Day Dave Demarest

HALL OF FAME

Tom Elder Bob Everett Thomas Greco Rich Johnson Wes Kearney Nick Kostakis Jim Kowalak Joe Lubrano

Michael Lovullo Sam Mikhail Ron Mucklow George Petrask Russ Robson Jerry Russomano George Threlfall

Cynthia Tursi Lee Vetland Paul Vigilant Rich Weber Brian Vesley Glenn Villacari Stan Wilson

NEW JERSEY AUTOMOTIVE is published monthly and is sent to AASP/NJ and ARANJ members free of charge. Subscriptions are $24 per year. NEW JERSEY AUTOMOTIVE is published by Thomas Greco Publishing Inc., 244 Chestnut St., Nutley, NJ 07110. The editorial contents of NEW JERSEY AUTOMOTIVE are copyright © 2015 by Thomas Greco Publishing Inc. and may not be reproduced in any manner, either in whole or in part, without written permission from the publisher and/or editor. Articles in this publication do not necessarily reflect the opinions of Thomas Greco Publishing Inc. Images courtesy of www.thinkstockphotos.com

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OUT OF BODY (AND MECHANICAL) EXPERIENCES

THE “GUY”

by THOMAS GRECO, PUBLISHER

There are several people in the automotive repair industry who I’ve known from the very first day I started writing for it, and I have written about many of them over the last 30 years. Guys like Ron Mucklow and George Petrask, who I hear from every now and then, and guys like Rich Weber and Paul Vigilant, who sadly have passed in the last few years. We lost one of those guys in early December when Jimmy Bryant passed. A few weeks later, we lost another. The “Guy.” I could write a book about Guy Citro. We had so many good times together, it would take me a year to try and remember them all. From the time I noticed the little guy in the corner of the room with the gray speckled hair, I knew he was going to be trouble. Guy was a tough son of a gun. He was a fighter. The picture you see on this page was by his desk the entire three decades I knew him, and it sums up all you need to know about

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him. He would never give up. Whether it was making AASP/NJ better in his role as Board member and eventual president, as NORTHEAST® Trade Show Committee Chairman (building the show into the best of its kind) or putting off a potential merger with the other state associations just to protect his friends, he was never, ever going to give up.

I don’t believe he gave up a year after suffering a series of strokes in 2013; I just believe God needed someone to go fishing with, someone to make him laugh and someone to have his back.

Guy and I had a falling out five or so years ago. There was never a fight or argument, just a silence. Late one night a few years ago, shortly after Guy’s father passed, I felt it was time to do something about that. Maybe I was tying to relieve myself of guilt or

blame, but I felt then as I feel now. I didn’t want something to happen to either of us without some sort of attempt at reconciliation. So at 4:59am on the morning of July 6, 2012, I wrote this letter to my old friend: Guy: I am so sorry to hear of Sam’s passing. I didn’t know him that well, but he was always, always very nice to me.

Secondly, I just want you to know that I am sorry for anything I may have said or done to hurt or upset you over the last few years. I am even sorrier for the loss of the extremely important friendship we shared for some 25 years.

I have never forgotten that I owe just about any success I’ve had to the help, advice and friendship you gave me over those years. I have always,

and will always, acknowledge that in person, in print, anywhere.

I am sick of writing obituaries for my friends. So before anything happens to either one of us, I just wanted you to know how grateful I am to have had you in my corner, at my side and along for the ride for the most important years of my life.

Our good times far outweighed the bad. I hope you feel the same and we can try and have a few more down the road.

-Tommy Guy was a force for good in this industry, and in life. I’m sure he’s up there on a boat, fishing and drinking with Paul and Rich, laughing at all of this fuss. And he’s got a huge trout on his line and you damn well know he ain’t giving up.

NJA

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PRESIDENT’S MESSAGE

A SEASON OF CHANGE

by JEFF MCDOWELL

For those of you who are not keeping up with industry news as much as you should be, you are missing out on a very active time in our history. As

reported by AASP/NJ Executive Director Charles Bryant last month (“A Major Breakthrough in the Artificially Suppressed Labor Rate Battle,” NJA,

January 2015), New Jersey Manufacturers Insurance Company recently made headlines by agreeing to raise the Labor Rate for certain body repairs by almost three times their previous reimbursement rate. Elsewhere, other insurers are finally starting to recognize the use of paint and materials calculators in fairly compensating repairers for the correct procedures needed in the repair process. Across the country, shops and repair professionals are refusing to take “no” for an answer, and the results of their efforts are being heard loud and clear. Stay tuned to this magazine and the industry around you for more groundbreaking developments; I’m sure there will be many more to come soon.

Closer to home, we at AASP/NJ are gearing up for our 38th annual NORTHEAST® 2015 Automotive Services Show at the Meadowlands.

With just a few short weeks to go before the event, we are thrilled to be hosting industry-leading exhibitors, trade associations, attractions and even an industry celebrity, as Platinum Show Sponsor BASF brings West Coast Customs’ Ryan Friedlinghaus to meet NORTHEAST attendees. It’s shaping up to be another banner event for our association, and I hope to see you there. For more information on NORTHEAST 2015 - or to pre-register online for FREE - please visit www.aaspnjnortheast.com. See you at the Meadowlands Exposition Center March 20-22!

NJA

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EXECUTIVE DIRECTOR’S MESSAGE

Don’t Sell that New Jersey Collision Shop Just Yet! If you have been thinking of putting up a “For Sale” sign at your New Jersey collision shop, maybe you should rethink that decision or hold out for a little longer. Over the last few years, we have been getting reports from collision shops claiming that they may not be able to stay in business much longer unless things change. Well, things are changing.

The collision industry has had enough! People usually don’t stand up and fight back until things get unbearable, and that has been the exact condition of the collision industry lately. But perhaps that isn’t a bad thing. If it took the industry becoming unbearable to get people to start fighting back, it may actually be a positive step.

For years, I have been writing articles about the bad things that the insurance industry has been doing to the collision industry and how unfair the situation is. For example, insurers refusing to pay a fair and reasonable Labor Rate or refusing to pay for OEM-required procedures. Because I’ve overseen the AASP/NJ Hot Line for many years, I am the one who hears the cries of the industry. It saddens me when I get a call from members of the field informing me that they are thinking about closing or selling their business because they just can’t make it anymore due the bad practices of many insurers.

Over the years, I have seen shop after shop go out of business because of the injustices described above. I have also seen shops attempt to stand up for an issue and immediately get threatened by the insurer to either stand down or see their work start to dwindle. Obviously, the idea is to scare the shop into submission and, for the most part, it has worked over the years.

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by CHARLES BRYANT

I have also written articles about the collision industry where I compared the profession to a puppy. The comparison goes like this: If you put a nice little puppy in a corner and keep sticking it with a stick, it will eventually bite you in self-defense. I think that is exactly where the collision industry is at today. The nice little puppy that did not have the courage to fight back in the beginning finally got the courage to bite the stick. All of a sudden, the puppy did not seem to care about the consequences. It became a fight-back-or-die situation.

The collision shops that have been putting up with the steering and unfair dealings of certain insurers for years are finally at the point where they too must fight back or die. Sure, some will just allow their business to be steered away and continue to try and fix cars for the amount that insurers want to pay, but not all of them. Eventually, a shop that attempts to fix vehicles the way that certain insurers write them or with restricted payment through restrained guidelines will wind up with a unsafe vehicle, which can cause serious injuries or death and result in a lawsuit.

When that happens, you can bet that the insurer involved will throw the shop to the wolves and all of a sudden claim that the shop is the professional. A word for the wise: This includes DRP shops that think it could never happen to them.

Collision shops across the country have started to stand up and fight back, regardless of the consequences.

Lawsuits are already filed across the country, with some right here in New Jersey and the surrounding states. As mentioned in previous issues of this magazine, many states have signed on to the current Multidistrict Litigation

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EXECUTIVE DIRECTOR’S MESSAGE (MDL), while there is a national class action suit that has RICO added to it.

Additionally, the Attorney General in Louisiana has filed a suit against an insurer for unsafe and deceptive auto repair practices. Many of these have been merged together and will all be heard in Florida. When they are finally heard, trust me that the media attention will be massive. That is what insurers dread.

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Here in New Jersey, one insurer has already voluntarily stepped up to the plate and increased its Labor Rate for certain vehicles to double and triple the amount they were paying, as long as the shop making the repairs is certified to work on the type of vehicle in question. That insurer is New Jersey Manufacturers (NJM), and they should be commended for doing the right thing, even if the lawsuits played a role

in the decision to increase the rates.

The fact is that the Labor Rates have been artificially suppressed for so long that the only way to get them to a level where they should be in today’s market is to double and triple them, and NJM did just that!

I have predicted that the collision industry would eventually stand up and say, “Enough is enough!” I have watched a shop here and there that did, and I watched how they were suddenly charged with insurance fraud or worse, even though they had been in business for years and were never charged before. I am well aware of these types of tactics utilized by insurers to shut down a collision shop that dares to challenge them. Well, we are back to the nice little puppy story, and the shops are coming out of the corner and fighting back. Now, things will change.

Like I said before, I have run the Hot Line for years, and when something is going on in the collision industry in New Jersey, it doesn’t take long for the phone to ring. Since NJM announced that they are doubling and tripling their Labor Rates, I have been receiving calls from collision shops telling me that other insurers are following the carrier’s lead and doing the same. I have received numerous calls from shops informing me that certain insurers just agreed to pay close to (or over) $100 per hour to repair certain damaged vehicles when they were paying $48 per hour to repair them only weeks ago. I have no doubt that the actions of NJM – and the numerous lawsuits already filed by collision shops both on a national level and right here in New Jersey – have played an enormous part in the rates being increased.

Sure, some of the insurers are still attempting to hide the fact that they are willing to pay the higher rates by using the same old tricks, such as calling it a labor concession to reach Agreed Price (AP). These and other deceptive practices are getting old, and I am sure they will be brought out and addressed in one or more of the

many lawsuits that are yet to be heard.

The bottom line is that the time is now for the collision industry to unite, stand together and support each other. Even if a collision shop does not want to jump in front of the bus and file a lawsuit, there is no reason that they can’t or shouldn’t support those who are taking the insurance industry to task.

The bottom line is that the vehicles on the roads today can’t be repaired the same way they were in the past, nor for the same rates that insurers have been paying. Shops are having to make the investment in new technology, equipment, training and certification, which is extremely expensive and cannot be paid for with the artificially suppressed rates that insurers have been paying. Finally, whether insurers acknowledge it or not, as long as they increase the rates to a more reasonable amount and agree to pay for the necessary procedures that are required to repair the types of vehicles on the roads today, the collision industry will very likely thrive again.

The companies like NJM that have agreed to address the artificially suppressed Labor Rate issue have started the ball rolling in the right direction. It is now up to the collision industry to keep the momentum going. Now is the time to join and support groups like AASP/NJ in their efforts to move the industry forward and support the shops that have decided to turn to the courts.

Even though the suits have only been going on for a few years, they have already resulted in extreme changes in the right direction.

Because of the obvious positive changes that are happening, I certainly would not recommend selling the shop or getting out of the industry now. Instead, support those who are attempting to make the industry better.

Soon, collision shops will be able to repair vehicles properly while getting paid for the investment required to do so. One thing is for sure: We will be watching and supporting the members of AASP/NJ, especially those who are willing to risk it all to make the industry better. Stay tuned for more on this issue as new developments occur.

NJA

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COLLISION CHAIRMAN’S MESSAGE

OUR TIME IS NOW

Mike Lovullo Distributor for

by DAVE LAGANELLA

If you’ve been reading this magazine for the past few months, you definitely know about the legal actions happening around the country that are affecting our industry. If you are unaware of what is going on right now, the national news article on page 21 has a summary of some of the lawsuits that might have an effect on our field in the future. This is the first time our industry has ever seen so many people stand up at the same time and say they’ve had enough. The time is now to unite as body shops.

It’s easy to get caught up in the day-to-day battle of who is going to get the job, but it is important to put all

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of that aside and strike while the iron is hot. With all the things going on, it is time for us to get together as a team and fight back against the outside influences that feel like they have the power to tell us how to run our businesses. I urge you to get involved.

Look into these lawsuits and support your fellow auto body repair members.

There are some plaintiffs that are looking for donations to their cause or just simply need our help. We need to stand with them – the ones who took this risk in order to better our daily business. This is our time.

NJA

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IN MEMORY

REMEMBERING

GUY CITRO

On December 21, the AASP/NJ community said goodbye to a true legend with the passing of former AASP/NJ president, NORTHEAST® Automotive Services Show chairman and Hall of Fame member Guy Citro of Citro’s Auto Body in Pompton Lakes. Citro, who had been hospitalized since October 2013 after suffering a series of several debilitating strokes, was 68. The passing of this longtime industry leader and advocate immediately sent shockwaves throughout the Garden State automotive industry.

“Guy was such a huge part of AASP/NJ’s legacy that it’s hard to put into words everything he meant to the association and the industry,” shares AASP/NJ President Jeff McDowell. “Not only was he the moving force behind the NORTHEAST trade show’s rise in the ’90s, but he was also a central figure in the merging of the four state associations that came together as AASP/NJ in the early 2000s.

Guy Citro was a monumental figure in our association’s history. With the loss of Jimmy Bryant and now Guy, December was a truly tragic month for AASP/NJ.” Born in Paterson and raised in Pompton Lakes, Citro graduated from high school in 1964. Following graduation, he served in the US Army and was stationed in Germany during the Vietnam War. Returning home, he joined his father, Sam, in business, helping him run Citro’s Auto Body in Pompton Lakes. He ran the business until becoming ill in 2013.

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Along the way, he built long-running relationships in and out of the automotive industry.

“Guy Citro was a very good friend,” remembers Dennis Griffith of Gavin’s Auto Body Supplies in Paterson. “More importantly, he was a great businessman and a devoted family man who loved his three sons. We lived less than a mile away from each other in West Milford, and our families became very close. When our sons played Little League, we coached them together. Later on, they wrestled together on the West Milford High School team. We spent a lot of weekends with the Citros at those matches.”

Griffith was one of several AASP/NJ members involved in the association’s NORTHEAST Show Committee, which Citro helmed for more than a decade. It’s not surprising that his dedication was the first thing many of his friends noted when remembering him.

“The resources that AASP/NJ has today are from the foundation built by Guy and the Committee,” offers past AASP/NJ Board member Peter Cook (P&N Auto Works, East Orange). “Guy was willing to take NORTHEAST over back when it was basically a tabletop show. We wouldn’t be where we are now without him. He was the right fit for the association at that time.”

“It takes a lot of dedication to change this industry, and Guy really put in the time necessary to move the association forward,” adds former AASP/NJ President Glenn Villacari. “He put his heart and soul into making things better for shops in our state, and he will never be forgotten.”

“When I hear the name ‘Guy Citro,’ I always automatically think of NORTHEAST,” notes AASP/NJ Executive Director Charles Bryant. “I

remember driving up to Guy’s shop in Pompton Lakes for the Committee meetings. Although Guy liked to have some fun after the show, he was all business during the days that NORTHEAST took place. He had a plan for everything, and I mean a plan that worked. I have no doubt that it was Guy’s hard work and organization skills that resulted in the NORTHEAST Show becoming as successful as it is today. Guy was a good guy and he will be missed dearly by many, but the good times and memories will be with us forever.”

Former AASP/NJ President Bob Everett (Bayville Auto Care, Bayville) will always remember Citro as the epitome of the “Jersey Guy.” “He was a straight-shooting, tough negotiator who told you just what he thought, whether you liked it or not,” he says. “After it was done, it was, ‘Okay, let’s have a good time!’ He best put his Jersey personality to work building the NORTHEAST Committee and making the show one of the very best, and profitable, trade shows this side of NACE. He drove that bus for many years, and our industry owes him a great deal of gratitude for his efforts.”

Looking back at his many years of friendship with Citro, former Pompton Auto Body owner and veteran AASP/NJ member Bob Magee is quick to remember the fun they had in their high school years, hanging out at places like the Maple Snack Bar (now McCobb’s) and the Old Milk Barn in Wayne and indulging in their mutual love of cars. The two would later follow strikingly similar paths in life, as both ended up getting into the body shop business in the same neighborhood after stints in the military. Above all, Magee will miss the camaraderie he experienced

on the AASP/NJ Board of Directors when Citro served as president.

“It was like a family,” he says. “When I was at the meetings, Richie Johnson was on one side of me and Richie Weber was on the other side. They’re both gone now, too.

“Guy got a lot of things done for us,” he adds. “Things in the industry and the association could get heated at times, but Guy and everyone else worked hard to make things better.”

Although Citro is gone, Citro’s Auto Body lives on thanks to Cook, who purchased the shop in April 2014 and plans to

have the revamped facility officially up and running by the end of the first quarter of 2015. It is his hope that the new version lives up to the high reputation its namesake built in the area during his lifetime.

“They’ve been in the area since 1946,” Cook says. “They were the first shop in the community, and a lot of people still say nice things about it.”

As anyone who spent time with Guy Citro knows, there will never be another industry member quite like him.

“There were great times, thanks to him,” Griffith says. “I miss my buddy.”

Guy Citro is lovingly survived by his sons Marc (and his wife Alicia), Brian (and his fiancé April Babcock) and Michael (and his wife, Lisa); his mother, Mildred Citro; his ex-wife, Susan Citro; his sister, Mary Ann Profeta (and her husband Randy and their family); and his grandchildren Roman, Carson, Campbell and Finley. AASP/NJ and New Jersey Automotive offer his friends and family our deepest condolences.

NJA

TOP (L-R): Pete Cook, Guy Citro, Tom Greco, Glenn Villacari, Bob Magee and Rich Weber; BOTTOM LEFT: Guy and longtime office manager Doreen Wright; BOTTOM RIGHT (L-R): Tom Greco, Pete Cook, Eddie Day, Guy Citro New Jersey Automotive | February 2015 | 19

2015 AASP/NJ Ski Trip Thursday, March 5 Windham Mountain Ski Resort Only $125 per person, which includes transportation and lift tickets!

Two scheduled pick-ups: - 6:00am, Toms River (at the Hooper Ave. entrance of the Ocean County Mall) - 7:00am, Cheesequake rest area (off of Garden State Parkway)

- Door prizes & 50/50 For information or to sign up, contact: Tony Zaccaro: (732) 349-0332 ext.1500 / tony@cosmosautoparts.com Ted Rainer: (732) 899-7900 / ted@oceanbayautobody.com 20 | New Jersey Automotive | February 2015

NATIONAL NEWS

Antitrust, RICO Suits Consolidated in Florida

As 2014 came to a close, two high-profile cases against the insurance industry were transferred into current multidistrict litigation (MDL) being heard in the US District Court for the Middle District of Florida. Both Louisiana Attorney General James D. “Buddy” Caldwell’s suit against State Farm and a RICO suit filed by Crawford’s Auto Center of Downingtown, PA will now be heard in this manner, despite the plaintiffs’ opposition to having the cases moved.

A press release issued by Attorney General Caldwell regarding his case accused the nation’s top auto insurer of engaging “in a pattern of unfair and fraudulent business practices aimed at controlling the auto repair industry and forcing unsafe repairs on vehicles without the knowledge or consent of Louisiana consumers.” Filed last spring, the Crawford’s suit alleges that State Farm, Allstate, GEICO, Progressive, Farmers, Liberty Mutual and Nationwide conspired to control the cost of automotive repairs and create artificial “prevailing” rates based on their DRP shops’ use of products by the industry’s three leading Information Providers (Audatex [AudaExplore], CCC or Mitchell), who have been named as conspirators.

USAA, Travelers and American Family were also named as conspirators in the suit, but were not named as defendants.

The above suits are not the only cases currently earning the industry’s attention. According to reports by CollisionWeek Online, the final months of 2014 saw antitrust lawsuits against a host of insurers filed by collision repair facilities in Illinois, Alabama, California, Ohio, Missouri, Kentucky, Oregon, Pennsylvania and Washington. Additionally, a recently filed suit in Michigan (Rodenhouse Body Shop, Inc. et al v. State Farm Mutual Automobile Insurance Company et al.) names 12 shops as plaintiffs and more than 30 insurers as defendants, while a case filed in Arizona in late October (Legends Collision LLC et al v. State Farm Mutual Automobile Insurance Company et al.) involves six collision repair businesses and 20plus insurers.

As this issue of New Jersey Automotive went to press, the industry’s efforts to take on insurers in court suffered a blow when six of seven counts were dismissed without prejudice in A&E Auto Body, Inc., et al. v.

21st Century Centennial Insurance Company, et al., one of the more than 20 antitrust suits currently consolidated in the Middle District of Florida.

In his January 22 order, US District Judge Gregory A. Presnell dismissed one count, “quasi-estoppel,” with prejudice. Additionally, the Judge denied the relevance of the much-discussed 1963 Consent Decree to the A&E case: In the Amended Complaint, the Plaintiffs repeatedly refer to a consent decree entered in a 1963 suit between the United States on one side and three insurance trade associations on the other.

(Doc. 167-5). Although some of the practices at issue in the consent decree are alleged to have occurred in the instant case, none of the parties in this case were parties to the 1963 case, and the Court does not find the 1963 consent decree to have any relevance to the instant case.

In the order, the plaintiffs were given until February 10 to file new complaints for the six counts dismissed without prejudice. The full text of Judge Presnell’s order can be read online at www.repairerdriven news.com/wp-content/uploads/2015/01/gov.uscourts.flmd_ .294598.291.0-01-21-15.pdf.

NJA

Expanded Airbag Recall Affects Millions

In response to the National Highway Traffic Safety Administration’s request for carmakers to implement a nationwide recall of their vehicles that contain Takata airbags (“Lives on the Line,” NJA, January 2015), a number of manufacturers have announced expansions of their efforts to address the problem.

As reported in last month’s issue, Honda became the first auto manufacturer in the United States to announce a national recall of Takata airbag-equipped vehicles. The carmaker’s Safety Improvement Campaign involves certain 2001-2007 Honda Accord (with 4-cylinder engines), 2001-2002 Honda Accord (with V6 engines), 2001-2005 Honda Civic, 20022006 Honda CR-V, 2003-2011 Honda Element, 20022004 Honda Odyssey, 2003-2007 Honda Pilot, 2006 Honda Ridgeline, 2003-2006 Acura MDX, 20022003 Acura TL and 2002 Acura CL vehicles. With these additions, a total of approximately 5.4 million Honda vehicles will be covered by the recall.

Following Honda’s lead, Mazda issued a statement that it would institute a nationwide Safety Improvement Campaign of 2004-2008 model-year Mazda6 and RX-8 models equipped with certain Takata airbag inflators. Currently, there are 330,000 vehicles included in Mazda’s campaign in the United States. On December 18, Reuters reported that Ford expanded the recall of older-model Mustang cars that featured driver-side Takata airbags with inflators to include about 502,500 vehicles. This is in addition to the approximately 55,000 vehicles Ford vehicles already recalled for possible driver-side airbags defects.

Chrysler (FCA US LLC.) has announced that it will “replace driver’s-side airbag inflators in an estimated 3.3 million older-model (2004-2007) vehicles worldwide in an expansion of the ongoing regional field action.” The revised recall now affects an estimated 2,890,785 vehicles across the US; 258,586 in Canada; 66,436 in Mexico and 99,030 outside the NAFTA region. On December 22, the New York Times reported that BMW would replace driver-side airbags in approximately 140,000 BMW 3 Series vehicles produced in the US between January 2004 and August 2006. Previously, the automaker’s recall was limited to approximately 11,700 cars in Florida, Hawaii and Puerto Rico. Information on current National Highway Traffic Safety Administration recalls is available at www.nhtsa.gov/Vehicle+Safety/ Recalls+&+Defects.

NJA

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LEGAL FEATURE by Mitchell Portnoi, Esq.

PERSONAL INJURY LAW IN NEW JERSEY: THE BASICS

If you have been injured as a result of someone else’s wrongful or negligent conduct, you may be entitled to damages in a court of law. You need to comply with the statute of limitations for a personal injury lawsuit, which is two years in New Jersey.

(There are more stringent requirements if the wrongful party was a tort entity - that is, a branch of the government [a city, State or county entity.]) The lawsuit is generally filed in the State where the accident occurred and may be filed in the county that has connections with either the plaintiff (the person bringing the lawsuit) or with the defendant.

The plaintiff has the burden of proving certain elements of his or her case. In a negligence case, the plaintiff must prove that the defendant failed to fulfill a duty, and that the failure led to the plaintiff’s injuries. In an intentional tort action, the plaintiff needs to prove that the defendant(s) intended to cause harm. There are specialized types of negligence cases, such as those involving medical malpractice, where the plaintiff needs to show that the doctor’s failure to treat him or her within a specific “standard of care” led to his or her injury. Additionally, some cases can be

28 | New Jersey Automotive | February 2015

won based upon strict liability, such as dog bite cases in New Jersey, which only require showing that a dog bit the plaintiff to automatically entitle the injured party to a recovery against the dog owner. “Product liability” cases are also subject to “strict liability” in New Jersey, where you do not need to prove that the defendant was at fault - only that the product caused your injury.

However, there are some defenses that can be used in “product liability” cases.

The burden is always on the plaintiff in a personal injury case to prove the elements of the claim; however, it is easier to do than in a criminal law case. In “criminal law,” the prosecution must prove the elements of their case “beyond a reasonable doubt.” This is because the burden of the State in prosecuting these cases is so heavy, due to the fact that a person’s right to freedom is at stake, whereas in a personal injury case, the plaintiff’s burden of proof is by a “preponderance [weight] of the evidence.” (All he or she needs to do is prove that the defendant is 50 percent or more responsible for his or her injury.)

In a personal injury case, the plaintiff needs to prove not just

how the incident occurred, but also all the elements of his or her damages. The plaintiff needs to prove (again, by a preponderance of the evidence) that the defendant’s wrongful actions were the “proximate cause” of his or her injuries, and exactly what those injuries are. Specifically, this means the pain and suffering that the plaintiff had (and continues) to contend with, the disabilities, the loss of enjoyment of life and any and all financial setbacks resulting from the accident. The evidence should include hospital records, medical records and doctors’ reports, which need to include very specific information about injuries and disabilities.

The evidence may include pay stubs, tax records, witness statements, police reports and more.

The law surrounding personal injury cases is complex, and settlements and court cases are often hard-fought and time-consuming. The facts of each case are unique. For more specific information, please call my office at (973) 228-9900 and speak to me personally. I am more than happy to spend the time with you and/or your friends, family or clients to discuss the intricacies of a personal injury case.

NJA

New Jersey Automotive | February 2015 | 29

Audi dealers strive to make you an • 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.

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

Flemington Audi 213 Route 202/31 Flemington, NJ 08822 Toll Free: 800.216.5124 Fax: 908.782.9397 email: rmuir@flemington.com www.flemington.com

Classic Audi 655 North Macquesten Pky. Mount Vernon, NY 10552 914.663.2870 Fax: 914.663.2878 email: parts@westchesteraudi.com www.westchesteraudi.com

30 | New Jersey Automotive | February 2015

Bell Audi 782 Route 1, Edison, NJ 08817 732.396.9360 Fax: 732.396.9090 www.bellaudi.com Audi Turnersville 3400 Route 42 Turnersville , NJ 08012 856.649.7560 Fax: 856.649.7565 www.turnersvilleautomall.com Paul Miller Audi 179 Route 46 East Parsippany, NJ 07054 Toll Free: 800.35.MILLER Parts Direct: 973.575.7793 Fax: 973.575.5911 www.paulmiller.com

Schneider + Nelson Audi 270 Highway 36 West Long Branch, NJ 07764 732.389.1743 Fax: 732.935.7585 email: parts@schneidernelson.com www.schneidernelson.com Palisades Audi 127 Route 59 Nyack, NY 10960 Toll Free: 888-349-6075 Parts Line: 845-353-4870 Parts Fax: 845-358-5959 AudiParts@ThePremierCollection.com Town Motors Audi 400 South Dean Street Englewood, NJ 07631 201.227.6506/6536 Fax: 201.541.0314 www.townmotors.com

an Audi Genuine Parts fan • Installing Genuine Audi Collision parts contributes towards improved cycle time that makes 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.

DCH Millburn Audi 2211 Millburn Ave Maplewood, NJ 07040 Toll Free: 800.553.9250 Direct: 973.762.0262 Fax: 973.821.2040 www.millburnaudi.com Jack Daniels Audi of Upper Saddle River 243 Route 17 Upper Saddle River, NJ 07458 Phone: 201.252.1500 Fax: 201.254.1552 email: mcavallaro@jackdanielsmotors.com www.jackdanielsmotors.com Audi Meadowlands 4700 Westside Ave. North Bergen, NJ 07047 Toll Free: 888.416.2834 Fax: 201.223.7842 www.audimeadowlands.com

Cherry Hill Audi 2261 Marlton Pike West Cherry Hill, NJ 08002 Wholesale: 856.665.5660 Fax: 856.665.4645 email: parts@cherryhillimports.com www.cherryhillaudi.com

Audi Bridgewater 701 Route 202-206 N Bridgewater, NJ 08807 Toll Free: 888-685-5712 Parts Direct: 908-800-9000 Fax: 908-595-0237 email: parts@bernardsvilleaudi.com www.audibridgewater.com Audi Manhattan 800 11th Avenue New York, NY 10019 212.515.8200 Wholesale Direct: 212.515.8275 www.audimanhattan.com

Atlantic Audi 6820 Tilton Road Egg Harbor Township, NJ 08234 Phone: 609-641-1788 Fax: 609-646-2331 Audi Brooklyn 211 63rd Street Brooklyn, NY 11220 Phone: 718-492-6400 Fax: 718-492-8899 rmerchant@audibrooklyn.com www.audibrooklyn.com Jack Daniels Audi 1601 Mc Bride Avenue Fairlawn, NJ 07410 201-398-1209 Fax: 201-475-8666 www.jackdanielsmotors.com

New Jersey Automotive | February 2015 | 31

FEATURE by Joel Gausten

A BETTER WAY? SHOP Offers Health Insurance Choices for Small Businesses

32 | New Jersey Automotive | February 2015

Although the Affordable Care Act (a.k.a. Obamacare) doesn’t mandate that businesses with fewer than 50 employees provide health insurance for their employees, many entities of this size still choose to offer coverage for their staff. However, ever-increasing costs and deductibles have made providing this benefit a difficult task for many small businesses - especially body shops. Fortunately, solutions to this dilemma are now being offered through the ACA’s Small Business Health Options Program (SHOP).

Under SHOP, businesses with 50 workers or fewer can offer affordable health and dental coverage that meets the needs of their employees. New Jersey employers that meet the criteria have control over the insurance they offer, including whether or not they offer dental or provide dependent coverage. (This federal program varies in other states.) Employers can enroll in SHOP any month/time of the year and choose the waiting period employees must complete before they can enroll for the insurance offered.

Businesses with fewer than 25 workers and an average employee (excluding owners) salary of about $50,000 per year or less may qualify for a Small Business Health Care Tax Credit, which is worth up to 50 percent of the employer’s premium costs and available ONLY for plans purchased through the SHOP Marketplace. Employers can use their current agent or broker to help them enroll, find a new agent or broker in their area familiar with SHOP plans or handle enrollment themselves. When businesses apply, they can search for agents and brokers registered to sell SHOP plans by zip code.

This all sounds great, but does it actually succeed in helping small businesses offer adequate health insurance and reduce costs at the same time? According to Cackie Scott, vice president/treasurer of AASP/NJ member shop Valtek, Inc. (Paterson), the answer to that question has so far been yes. For years, Valtek has worked to provide not only health insurance to their employees, but also peace of mind if and when those team members find themselves in coverage-related financial hardships. For example, the shop pays their employees’ deductibles in addition to their premiums. (They also used to pick up the cost of deductibles in cases where employees cover the premiums for their spouses or children. They don’t have anyone whose children or spouse are currently enrolled.)

“We know that everybody in the middle class and down is just one serious illness away from being dirt poor or homeless,” she offers. “These people work for us; we see them every day and they stay here for a long time. We really know them. What would we feel like if somebody got sick and our employee couldn’t pay the deductible? They don’t have thousands of dollars sitting in the back bedroom. We tried to balance out what Valtek can afford and what our employees can afford. People forget that if there really is a crisis, somebody has to come up with that money.”

Unfortunately, this admirable mindset has come with a problem for Valtek, who recently found themselves dealing with $2,500 deductibles and a poor quality of coverage in the Bronze plan issued to their employees. The carrier would not upgrade to Silver level until renewal. Naturally, Scott was eager to investigate SHOP as soon as it became available last November. By using the program, she secured a Silver plan immediately with a $1,500

deductible from a new insurer - a considerably better number for all involved with the same dollar commitment as before once the SHOP tax credit is added.

Although Scott says that the SHOP website (www.healthcare.gov/smallbusinesses) had its share of glitches in the beginning, she found it easier to use and understand as time went on. Surprisingly, the phone helpline is not only fast, but it really works - with nice, helpful people assisting you to understand and complete the process.

“I can go on the website, put in everyone’s information and say, ‘Okay, what competitive plans will that get me?’” she says. “What I found in the past is that agents are not always good about putting in information accurately. With the SHOP system, I’m putting in the information and determining it’s correct. That means I have accurate cost and benefit information on which to make my decisions.”

Scott suggests that anyone interested in SHOP set some real time aside to fully explore the information available on the site.

“You cannot just expect your agent to explain it to you,” she says. “Don’t get discouraged because it’s not understandable at first. What you really want to do is define for yourself in the beginning what

you are trying to do with the insurance.

Are you trying to meet government requirements? Are you meeting your own moral requirements? Are you doing this to attract and retain employees? Is it some combination of all these things?”

While SHOP appears to have greatly assisted Valtek in fulfilling their commitment to employees, it is possible that the program won’t work as well for everyone.

Choosing the right insurance policy - and the best method to get it - is often a timeconsuming and frustrating process. Scott advises her fellow AASP/NJ members to brush up on the basics of insurance - no matter how much they think they already know - before exploring what SHOP has to offer.

“They need to know their existing package; this includes knowing what the premium is, and understanding what the deductible is,” she says. “They also need to know what the co-pays and maximum out-of-pocket limits are. You need to look at that maximum out-ofpocket limit and say, ‘Do I think my employees have that?’ If you don’t think you have it, it’s a sure thing they don’t have it.”

NJA

For more information on SHOP, visit www.healthcare.gov/small-businesses or call (800) 706-7893, Monday through Friday from 9am to 5pm EST.

NJA

New Jersey Automotive | February 2015 | 33

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New Jersey Automotive | February 2015 | 35

36 | New Jersey Automotive | February 2015

COVER STORY by Joel Gausten

Get ready for the biggest east coast automotive event of the year.

On March 20-22, AASP/NJ will host the 38th annual NORTHEAST Automotive Services Show at the Meadowlands Exposition Center in Secaucus, NJ. Already a legendary event in the regional and national auto industry, this year’s installment is shaping up to be the largest and most well attended event of its kind in history.

Less than two months away from NORTHEAST 2015’s arrival, Platinum Show Sponsor BASF is setting the stage for their most memorable experience yet.

After scoring big last year with their special guest appearance by the legendary Chip Foose, BASF is pleased to welcome Ryan Friedlinghaus of West Coast Customs for a special autograph session on March 21. This added jolt of genuine star power demonstrates BASF’s commitment to providing something truly special to the AASP/NJ community.

“AASP/NJ is a great association to support,” offers BASF Marketing Services Manager Tina Nelles. “By supporting this event, we demonstrate the importance of the success of the industry, shops and individuals. BASF has a long history with the

show and has been involved since the very beginning. It gives us the opportunity to interact with customers so we can understand how we’re doing and showcase our capabilities to our industry.”

Gold Sponsor Ford is also set to make a game-changing appearance at this year’s show. In addition to boasting a sizable booth, Ford service engineers will present examples of the improved repair elements of the new 2015 F-150, including a look at the separately serviceable lower control arm brackets, the inner fender reinforcements that can be replaced more easily, the floor pan, cross member and rocker panel sectioning opportunities, along with the new b-pillar design that can be replaced without disturbing the roof. Other topics covered will be enhanced service information, available training courses and recommended tools and equipment for repairing the 2015 F-150.

Naturally, NORTHEAST organizers are thrilled by how this year’s show is taking shape.

“AASP/NJ is very excited about what this year’s NORTHEAST is going to offer our industry,” offers AASP/NJ President

Jeff McDowell. “Whether they come for Ryan Friedlinghaus’ guest appearance, the special industry meetings [including the 2015 East Coast Resolution Forum and Leadership Meeting on March 20] or the great exhibits from new and returning vendors, attendees are going to experience the best regional show of its kind in the country. We’re looking forward to exceeding the expectations set by the 2014 show and continuing a tradition of excellence that was first started nearly 40 years ago.”

Not surprisingly, the buzz surrounding this year’s NORTHEAST has led to enthusiastic support from vendors throughout the industry. After a long absence from exhibiting, Lusid Technologies (www.lusid.biz) is gearing up for a major return to NORTHEAST this year. Although the company hadn’t been a part of the show since the Rockland County days, Lusid Regional Sales Manager Marc Sloven was so impressed by the incredible turnout at last year’s event that he knew he had to participate in the 2015 installment.

“I kind of missed the boat by not exhibiting there in 2014, so I thought, ‘I have to get back into this!’” he says.

New Jersey Automotive | February 2015 | 37

COVER STORY Attendees who stop by Lusid’s booth will have access to information on the company’s various offerings, including GenRock (a premium European-type base coat line), Northstar (a polyurethane coating designed for the fleet, OEM and industrial coatings market) and Gen2o (a waterborne line). Additionally, Lusid will spotlight GenVerde, a special 3.5 VOC line created to help shops stay in compliance without the investments and hassles of upgrading pre-existing equipment to waterborne.

“We have a really nice waterborne line, but a lot of people don’t want water,” offers Sloven. “They like solvent, so we recently developed a 3.5 VOC solvent. It covers great, it matches really well and it’s low-VOC. This gives shops an opportunity to stay with solvent, which is what they’re used to, and not have to invest in any new equipment. I don’t think anyone has come out with [a low-VOC option] as good as ours, and definitely not priced like ours.”

Lusid Technical Representative John Panto adds that the company’s color boxes – featuring chips sprayed with waterborne and solvent – allow users to achieve exceptional color matching.

“When the painters walk up to that car with that chip, they are looking at the paint they’re actually using,” he says.

Ultimately, Sloven is hopeful that NORTHEAST attendees will walk away from his exhibit excited by the alternatives his company can offer their businesses.

“In the last 20-30 years, body shops have realized that primers and clears from paint companies other than the four majors work just as well and last just as long,” he says. “But they haven’t been able to find a paint line that gives them the match, coverage and quality of the big four – and that’s what we’re able to do.”

“It’s been a number of years since we have been to a local show; the last time we showed was when NORTHEAST was in Suffern,” offers Sharron Lippmann, general manager of Polycracker Inc./S.W.I., who will be spotlighting the Polycracker Professional Prep Wash at this year’s event. “We feel it would be a good time to show, as there are a lot of new local people in this industry and we could introduce our products to potential customers.”

38 | New Jersey Automotive | February 2015

NORTHEAST 8AM

9AM

10AM

11AM

12PM

1PM

2P

FRIDAY, MARCH 20 SEMINAR ROOM A SEMINAR ROOM B SEMINAR ROOM C DEMO AREA (BOOTH 423)

SATURDAY, MARCH 2 SEMINAR ROOM A

Estimating and Diagnosis of Lean Processing Structural Damage on in the Paint Shop: Aluminum-Intensive Vehicles Painting & Joining Methods With Nitrogen *Pre-registration required!

SEMINAR ROOM B

Damage Analysis & Blueprinting

SEMINAR ROOM C DEMO AREA (BOOTH 423)

Stop Leaving Money on the Table! $$$ THIS IS A FEE-BASED COURSE $$$

Administration Performance Management

I-CAR Aluminum Panel Repair and Replacement (APR01) $$$ THIS IS A FEE-BASED COURSE $$$ Structural Collision Repair of 2015 GM Vehicles

2015 Ford F-150 Repair Information

SUNDAY, MARCH 22 SEMINAR ROOM A

7th Annual Family Day Presented by AASP/NJ SEMINAR AREA

SEMINAR ROOM B DEMO AREA (BOOTH 423)

2015 Ford F-150 Repair Information

2 0 1 5 AT- A - G L A N C E 2PM

3PM

4PM

5PM

6PM

7PM

8PM

9PM

10PM

11PM

12AM

20 (SHOW HOURS 5PM - 10PM) 2015 East Coast Resolution Forum & Leadership Meeting Hosted by AASP/NJ & SCRS SEMINAR AREA

2015 NORTHEAST® Exhibitor Appreciation After-Party Presented by AASP/NJ

EAST MEETS WEST: Larry Montanez and Aaron Clark Tackling the Issues SEMINAR AREA

SEMINAR AREA Proper Disposal Techniques

This event is open to NORTHEAST exhibitors only.

2015 Ford F-150 Repair Information

21 (SHOW HOURS: 10AM - 5PM) Stop Leaving Money on the Table! $$$ THIS IS A FEE-BASED COURSE $$$

I-CAR Vehicle Technology & Trends (NEW15) $$$ THIS IS A FEEBASED COURSE $$$ Proper Disposal Techniques

ALSO HAPPENING AT NORTHEAST 2015: • NASTF Board of Directors Meeting & General Meeting (Thursday, March 19) • AASP National Spring Board Meeting (Friday, March 20) • Accudraft Distributors Meeting (Friday & Saturday, March 20-21) • Celebrity appearance by West Coast Customs’ Ryan Friedlinghaus courtesy of Platinum Show Sponsor BASF @ Booth #227 (Saturday, March 20, 10am-2pm) • Custom Paint Demos by Artist Javier Soto @ Booth #641 • Live Broadcast by Ron Ananian, “The Car Doctor” • “Estimating and Diagnosis of Structural Damage on Aluminum-Intensive Vehicles & Joining Methods” presented by Larry Montanez III; facilitated by Metropolitan Car-o-liner @ Booth # 217/117 (Saturday, March 21, 8:30am) • AND MORE!

22 (SHOW HOURS: 10AM - 3PM) Shaded boxes above are categorized as follows: DEMO *Held @ Booth #423 (center of show) unless otherwise noted.

SPECIAL EVENT *Schedule subject to change.

OWNER/MANAGER SEMINAR PAINTER / ESTIMATOR/ TECHNICIAN SEMINAR

New Jersey Automotive | February 2015 | 39

COVER STORY For their 2015 presentation at the show, American Honda will increase the size of their booth from 20-by-20 to 20by-30 to accommodate an Acura MDX that will be stripped down to allow technicians and shop owners to see and learn more about the vehicle’s high-strength steel parts. The Honda exhibit will also feature information on their Service Express system, which provides shops with online technical information. Gary Ledoux, Honda’s assistant national manager of collision parts and service marketing, is looking forward to traveling from California to experience the action in Secaucus.

“NORTHEAST has a great energy about it, and that’s important,” he explains. “Both vendors and attendees have only good things to say about the show.

We see a lot of techs and shop owners at NORTHEAST, and those are the people we want to reach. It’s a good venue for us.”

Additionally, NORTHEAST attendees will be able to get an inside look at Honda’s new ProFirst Certified program, which is slated to officially launch on the first day of the show. Although the full details of the new initiative won’t be revealed until March 20, Ledoux promises that it will be of great interest to the professional collision repair community.

“I believe we are offering shops a few things that no other OE-certified program offers,” he says. “I would urge all shop owners and managers to stop by our booth and take a look.”

Although Honda certainly has a number of opportunities to promote itself throughout the country, the company continues to find tremendous value by participating in NORTHEAST. “The timing of the NORTHEAST show is perfect for us, plus it attracts a lot of shop owners, managers and techs, which is precisely the audience we are looking for,” offers Ledoux. “Equally important, albeit an intangible, is the show’s energy. Everyone seems to have a good time, and they are very positive about the show. It’s an upbeat experience, and who can argue with that?”

In addition to promoting many of their unique industry-leading products, Sherwin-Williams Automotive will be at NORTHEAST 2015 to offer special

40 | New Jersey Automotive | February 2015

seminars, “Damage Analysis and Blueprinting” and “Administration Performance Management,” on March 21.

“The reason for the focus on these services is due to the ever-increasing challenges being faced today by the independent collision shop owners and their management teams,” says SherwinWilliams Automotive NY/NJ Area Sales Manager Carmine Mirtuono. “We believe that our value extends far beyond the paint department and encompasses every part of the collision shop business. We clearly understand what keeps shops owners up at night, as well as what it takes to be an industry-leading collision facility. The two Managed Collision Repair seminars we will be conducting at NORTHEAST this year are based on several workshops we offer. As you can see, we at SherwinWilliams Automotive do indeed ‘cover it all.’”

One of NORTHEAST 2014’s most popular presenters, John Niechwiadowicz of QLC, Inc., will return to the show this year to present “Stop Leaving Money on the Table!: Tips & Techniques to Create a Fair and Accurate Autobody Repair Estimate” on March 21. Co-presented by AASP/NJ Board member Jerry McNee (Ultimate Collision Repair, Edison), this very interactive and “hands-on” estimatics workshop covers the techniques that everyone involved in the estimating process needs to know and employ to capture the operations needed to write a fair and accurate damage appraisal. Actual estimates are used to illustrate the vast financial and psychological benefits of incorporating the techniques discussed during the seminar.

“Many shops focus on increasing cars to the door as their primary means of improving business without realizing the potential for higher revenues that exist in nearly every job already in the shop,” Niechwiadowicz says. “Our highly interactive workshop provides invaluable tips and techniques for creating a fair and accurate estimate that capitalizes on the tremendous opportunities that are available right now.”

Topics discussed in the course will include the effective use of paint and materials calculators, critical process for capturing all operations and the top 25 operations that shops could be adding to their

bottom lines every day. Niechwiadowicz advises attendees to “come prepared with an open mind and a willingness to implement new techniques - and be ready to share your own experiences, successes and obstacles!”

Pleased to once again be a part of the NORTHEAST experience, he is one of many industry professionals who has enjoyed seeing the annual event continue to grow and prosper with each passing edition.

“I’ve been very impressed with how the NORTHEAST Show has continued to grow, transform and develop over the past few years,” he shares. “It’s not only a great place to keep up to date on the latest advances in equipment and technology, but also to stay current on the most recent industry news. And it’s always enjoyable to catch up with friends and associates you don’t get a chance to see very often.”

Touching base with industry friends and colleagues is also an incentive for ICAR Northeast Regional Manager Allan Smith. With decades of industry-related travel under his belt, he still considers NORTHEAST one of his most enjoyable yearly destinations.

“If you’re in the industry in the Northeast, you should come to this show,” he says. “It’s well attended and well respected.”

Bolstered by the standing-room-only success of their courses held last year at the show, I-CAR is excited to present two classes at NORTHEAST 2015 - “Vehicle Technology and Trends 2015” (NEW15) and “Aluminum Exterior Panel Repair and Replacement” (APR01) - on March 21.

“Vehicle Technology and Trends 2015” will provide an “auto show view” of vehicles that will soon be commonplace in many repair facilities and delivers information that repair professionals will need to know to be prepared to perform complete, safe and quality repairs. This will include a glimpse into some of the features, technologies and materials found on new North American vehicles (including Chrysler, Ford and General Motors), plus a look into the new features found on Asian and European models. A course designed to address one of the industry’s fastest-growing trends, “Aluminum Exterior Panel Repair & Replacement” will present an overview of where aluminum is

used in vehicles, and its characteristics.

The class will explore techniques and certain differences between repairing aluminum and steel, while students will see demonstrations and explanations of several panel attachment and removal methods. The attendees will also learn about preparation and application, rivet bonding, hem flange removal, hemmed door skin replacement, welded exterior panel removal, joint preparation and a variety of other aluminum-related topics. Both classes will be taught by I-CAR mainstays Pete Fryzel and Michael Bonsanto.

The industry’s increased focus on aluminum repair is of particular interest to first-time NORTHEAST exhibitors Clayton Associates (www.DustlessMade Simple.com). A New Jersey-based company best known for manufacturing highend hazardous/explosive dust vacuum systems for the military and aerospace industries, Clayton Associates is now focusing on the auto body field with exciting products including the Barracuda, an im-

mersion separator designed specifically for the capture of flammable or combustible dust and debris such as aluminum and titanium. The Barracuda’s powerful vacuum motor draws air and collected particulates into the immersion tank and forces it through a roiling water bath, instantly quenching sparks and thoroughly wetting dust out of the airstream. Three stages of additional filtration ensure that the air exhausted from the system is dustand moisture-free. Currently, the company is exploring automotive manufacturer endorsements for the product.

After a successful debut at the most recent SEMA Show, Engineering Director Philip Basile is looking forward to displaying the US-manufactured Barracuda on his home turf in the Garden State.

“In the aerospace market, we’ve been successful because we can provide a complete end-to-end, industrial-grade solution,” he says. “We provide the vacuum systems, shrouded tools, hoses and abrasives, which are all designed to work

together seamlessly. I haven’t seen anyone providing such a cohesive dust-capture solution in the automotive market.”

Other NORTHEAST-related events include the AASP National Board meeting and annual Vendor Appreciation AfterParty on March 20, pre-show meetings by the National Automotive Service Task Force (NASTF) on March 19 and special NORTHEAST Family Day activities on March 22.

Look for more information on these and other NORTHEAST highlights in next month’s New Jersey Automotive. Registration for NORTHEAST is currently open at www.aaspnjnortheast.com. For more information, visit the website, the NORTHEAST Automotive Services Show on Facebook, The NORTHEAST Automotive Services Show on YouTube page

(www.youtube.com/AASPNJNORTHEAST)

or follow the show on Twitter @AASPNJNORTHEAST.

NJA

New Jersey Automotive | February 2015 | 41

42 | New Jersey Automotive | February 2015

NO BRAKES by Ron Ananian

A CASE OF NATIONAL

SECURITY

You have to have faith in auto repair; it’s an essential part of the process. As a technician and shop owner for many years (43 at my last count), I am still very concerned over the details that other shops don’t pay attention to. These include missing or stripped wheel lug nuts, too much (or incorrectly applied) anti-seize and brakes that are “pad slaps” with no machine or rotor work. These are not only examples of poor workmanship, but huge safety issues as well.

Simple things make the day and repair go better. Which way you twist the wrench is just as important as which wrench you use to do the twisting. Auto repair is a business, and one that can affect lives, safety and so much more.

THIS IS WHERE OUR STORY BEGINS TODAY...

A customer with a late-model GMC Acadia SUV came into my bay this week with complaints of poor brake performance.

The road test verified it; they worked, but they were not great.

Something was clearly wrong.

For the record, I find it very interesting to note the things people leave in their cars - in plain sight - and think nothing of.

This one had a set of handcuffs in the coffee cup holder and a notepad that read “From the desk of” with the words of a federal agency on it.

And then it came to me - the owner was in law enforcement.

I didn’t realize until that moment what he actually did or what his job responsibilities were. He was the real deal, someone we all depend on while he works in the background to keep us safe.

Consequently, chasing terrorists for a living means you need brakes that you can depend on.

THIS IS A TRUE STORY. NO NAMES, PLEASE...

The Acadia SUV recently had brakes replaced, but the previous shop had only replaced the brake pads. I am not sure if this was in response to a poor brake complaint or what, but they were done poorly. My customer had just signed on for the SUV out of the vehicle pool. (I wanted to ask what happened to his previous vehicle, but I didn’t.) The brake rotors had no machine marks in them, while the stake nuts were still on the rotors. They were original and untouched.

The devil is in the details. We wrote and estimated replacement pads and rotors all the way around, OE Delco (just because).

After that, I proceeded to do what I always set out to do - a perfect brake job. I cleaned the mounting hubs for the rotors, cleaned the caliper slides and lubed them with approved GM silicone grease. I replaced the brake hardware - a very small point, but as important as the rest of it. If the hardware is tight, rusty, cruddy or anything else that prevents the pad from having proper movement, it results in a bad brake job and a poor pedal.

THE BOTTOM LINE IS...

Like I said, the devil is in the details. It’s not just a brake job; it’s a lifeline for safety. It’s brakes. No one ever dies from a bad oil change, but what could happen when poor brakes – ones that don’t give you faith – don’t work properly?

When 007 picked up his car, I made him drive it before he paid for it. The smile alone told the tale when he returned. I asked him kiddingly, “Going to be able to catch 2.5 percent more terrorists now, right?” A very humble person (as most of them are), he only smiled and laughed, shook his head and said, “At least I have FAITH that the brakes will do their job. That helps me do mine.”

And that’s why I do my job - to give ALL of my customers faith. I’d like everyone reading this to think about how we all contribute to national security - or insecurity - without even knowing it. Auto repair is more than just nuts and bolts; it’s holding people’s lives and livelihoods in the palm of your hand. Doing the job right pays all sorts of dividends. Although that car you’re working on probably won’t end up being used for something as dramatic as catching bad guys, you never really know. After it left us, my brake job headed north to Boston for some “field work.”

Glad we have people like that to keep people like us safe.

Keep the faith...

NJA

’Til next time, I’m Ron Ananian, The Car Doctor, reminding you that “Good mechanics aren’t expensive; they’re priceless.”

Ron Ananian, owner of R\A Automotive in Waldwick, NJ (est. 1978), is heard weekly in 140 markets on his nationally syndicated radio talk show. He is a working technician and former AASP/NJ Board member. Beyond his radio show, Ron writes and speaks for the automotive industry at trade shows and events. Visit The Car Doctor online at www.cardoctorshow.com.

Meet the Car Do ctor during his LIVE broadcast at NORTHEAST® 20 15

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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: JMK BMW 391-399 Route 22 E. Springfield, NJ 07081 Toll Free: 800-648-0053 Fax: 973-467-2185 www.jmkbmw.com

Princeton BMW 3630 Quaker Bridge Road Hamilton, NJ 08619 PH: 609-570-1611 Fax: 609-570-1602 www.princetonbmw.com

BMW of Freehold 4225 Route 9 North Freehold, NJ 07728 PH: 732-462-6286 Fax: 732-577-0518 www.bmwoffreehold.com

BMW of Roxbury 840 Route 46 East Kenvil, NJ 07847 PH: 973-627-7999 Fax: 973-598-0339 www.bmwrox.com

Flemington BMW 216 Route 202/31 Flemington, NJ 08822 PH: 908-782-2441 Fax: 908-824-9913 www.flemingtonbmw.com

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Prestige BMW 985 Route 17 South Ramsey, NJ 07446 Toll Free: 888-30-PARTS Direct: 201-327-8485 Fax: 201-760-5525 www.prestigebmw.com Wide World BMW 125 East Route 59 Spring Valley, NY 10977 PH: 877-817-3895 Fax: 845-425-5080 www.wideworldofcarsbmw.com

Original BMW Parts

www.bmwusa.com

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.

Circle BMW 500 Route 36 Eatontown, NJ 07724 Parts Direct: 732-440-1235 Fax: 732-440-1239 wholesale@circlebmw.com www.circlebmw.com

Open Road BMW 731 US Highway 1 Edison, NJ 08817 Parts Direct: 732-692-6918 PH: 732-839-4505 Fax: 732-650-9815 www.openroadbmw.com

BMW of Mount Laurel 1220 Route 73 South Mount Laurel, NJ 08054 PH:856-840-1486 FAX:856-222-0506 www.bmwofmtlaurel.com

BMW of Bridgewater 655 Route 202/206 Bridgewater, NJ 08807 PH: 908-287-1800 FAX:908-722-1729 www.bridgewaterbmw.com

BMW of Morristown 111 Ridgedale Ave Morristown, NJ 07960 PH:973-796-3145 Fax:973-796-3146 www.bmwmorristown.com

Paul Miller BMW 1515 Route 23 South Wayne, NJ 07470 PH: 973-696-6060 Fax: 973-696-8274 www.paulmillerbmw.com

Park Ave BMW 530 Huyler Street South Hackensack, NJ 07606 PH: 201-843-8112 FAX:201-291-2376 www.parkavebmw.com

BMW of Newton 119 Hampton House Road Newton, NJ 07860 PH: 973-579-6020 FAX:973-579-9632 www.bmwnewton.com

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ARANJ 2015 Officers President Bob Dirkes Dirkes Used Auto Parts 609-625-1718 dirkesauto@gmail.com

1st Vice President Ian Szoboszlay Ocean County Auto 732-349-0332 ian@cosmosautoparts.com 2nd Vice President Darryl Carmen Lentini Auto Salvage 908-782-6838 darryl@las-parts.com

3rd Vice President Joe Goodman Leesville Auto 732-388-0783 joeg@leesvilleauto.com Executive Director Brian Snyder Auto Recyclers of NJ 609-714-2339 brian@aranj.org

ARANJ 2015 Board of Directors Mike Ronayne Tilghmans Auto Parts 609-723-7469 tilghmans@snip.net

ARANJ Legal Update

OSHA Recordkeeping Changes Take Effect On January 1, several amendments to the Occupational Safety and Health Administration’s (OSHA) regulations pertaining to recordkeeping and reporting took effect. The most important change concerning members of ARANJ pertains to the reporting of certain injuries to the Administration. Under the previous rule, all employers were required to orally report a work-related incident resulting in the death of an employee or the in-patient hospitalization of three or more employees within eight hours. The rule required that the report be made by telephone or in person to the area office for OSHA or to the toll-free central telephone number.

However, no report was necessary if the death or hospitalization occurred more than 30 days after the work-related incident from which it resulted.

Under the amended rule, all employers are still required to report a death resulting from a work-related incident within eight hours of the incident. However, all employers are now also required to report the in-patient hospitalization of one or more employees, an employee’s amputation or an employee’s loss of an eye resulting from a work-related incident within 24 hours of these things taking place.

Employers may report such injuries by telephone, in person or online. However, no report is necessary if the death occurs more than 30 days after the work-related incident from which it resulted, or if the hospitalization, amputation or loss of an eye occurs more than 24 hours after the work-related incident from which it resulted.

When reporting the injuries under the amended rule, you must inform OSHA of: • The establishment name; • The location of the work-related incident; • The time of the work-related incident; • The type of reportable event; • The number of employees who suffered a fatality, in-patient hospitalization, amputation or loss of an eye; • The names of the employees who suffered a fatality, in-patient hospitalization, amputation or loss of an eye; • Your contact person and his or her phone number; and • A brief description of the work-related incident.

Mike Yeager EL & M Auto 609-561-2266 elandmauto@aol.com

Rodney Krawczyk Ace Auto Wreckers 732-254-9816 aceautonj@comcast.net

Mike Caputo Lacey Used Auto Parts, Inc. 609-693-0898 laceyautomike@aol.com Bert Witcraft Auto Express 856-728-8367

Ed Silipena American II Autos 609-965-6700 esilipena@yahoo.com Harry Shover Porchtown Auto 856-694-1555

Norm Vachon Port Murray Auto 908-689-3152 portmurrayauto@yahoo.com

The Automotive Recyclers Association of New Jersey

In addition to the above changes in reporting requirements, January 1 marked the effective date of revisions to recordkeeping requirements; however, these updates will not impact members of ARANJ. Both under the previous rule and the amended rule, unless an employer falls under one of two partially exempt classes, it is required to prepare and maintain a record of serious occupational injuries and illnesses. The first class of employers partially exempt from this recordkeeping requirement consists of employers with 10 or fewer employees. This exemption remained the same under both the previous rule and the amended rule.

The second class of employers partially exempt from the recordkeeping requirement consists of those employers in certain low-hazard industries. Prior to this year, the list of exempt industries was based on the Standard Industrial Classification (SIC) system. As of January 1, the list of exempt industries is based on the North American Industry Classification System (NAICS). As a result of this

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change, several additional industries were removed from the exempt list and newly required to maintain records.

However, as explained above, this change did not affect members of the ARANJ because automotive recyclers were subject to the recordkeeping requirements, unless exempt based on size, prior to the rule change and after.

For further information, please contact George J. Tyler, Esq. or Matthew J. Krantz, Esq. at (609) 631-0600.

Wharton Insurance Briefs An ARA Member

Many insurance companies outsource their workers’ compensation, general liability and property/loss control inspections to a third party. The third party company then sends out their loss control representative to inspect your facility. These loss control inspectors have visited your yards and have not made many recommendations. Of the yards where recommendations were made, most were for the lack of Forklift Certification and lockout/tagout procedures.

Forklift Certification can be obtained through an independent service that specializes in operator training and certification. One website that you can access is www.certifyme.net. Lockout/tagout procedures are also available online, or you can access them through your insurance company. Our program can provide videos and pamphlets regarding all phases of recycling operations, including forklift operations, lockout/tagout procedures, proper lifting procedures, back safety, snowplow safety and many more. Stay educated and make safety a priority in 2015.

If you are interested in obtaining any of the information above or have any questions, please contact me.

Mario DeFilippis, AAI, Vice President 800-221-0003 (1320) • 908-513-8588 (cell) • mdefilippis@whartoninsurance.com

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THE LIST We reached out to some of our readers to find out their most memorable NORTHEAST® experience.

My Favorite NORTHEAST Memory Is...

“I’ve attended the NORTHEAST show since the early days. I’ve been in this industry a long time. I worked at a shop in Jersey City from the time I was 12 until the time it closed down when I was 62. Obviously, I was always interested in cars, and I was interested in motorcycles, too. I rode a motorcycle for 30 years, but when I was 54 I had a really bad accident. It shook up my wife so much that she called me and said, ‘If you ride again, you have to move out.’ She couldn’t handle another scare like that. For a while, I missed a few of the trade shows and attended on and off, but when I told my friend Walter about it, he got so excited. So in 2007, we went to the show together. When we walked in, we were handed raffle forms to fill out to win a motorcycle. Obviously, I didn’t really want one, but Walter convinced me to put it in anyway. I completely forgot about it. On Sunday afternoon, they’re announcing the winner over the loudspeaker, but there’s so much going on it was difficult to hear. Jokingly, I said to Walter, “Pay attention because when they call my name, I want to know.” I couldn’t believe I had actually won it. I had to pick up the bike in Upstate New York later that week, but I just sold it back to the dealer. I was in no position to get another place to live. But really, that’s just one of many great memories I have from NORTHEAST. I go in when

“At one of the Saturday Night parties, they had a comedian named Angel Salazar; he was pretty famous from the movie Scarface. He was doing some raunchy material, and a lady from the audience walked up to him and threw a drink in his face. He said, ‘I grew up in the mean streets of the Bronx, and I have to come to the freaking NORTHEAST show to get my ass kicked?’

One of countless great times at the show.”

they open the doors and I don’t leave until they’re closed. I love talking to people from all over the country. It’s always a great experience.”

“Just a couple of years back, I won an iPad mini in a raffle. Not only is it great getting the opportunity to network and learn and see the coming changes in our industry, but getting to go home with a prize at the end adds to the experience.”

“Back in the ’80s it was just for one night from 6pm to 11pm. They held it in the Hilton in an underground parking garage that they had decked out with carpeting and curtains and everything. One of those years, there was a freak spring snowstorm; at about 7pm, the whole of South Bergen County lost power. The vendors worked with emergency lighting and flashlights, and everybody stuck around until 10pm when they had to throw everyone out.”

“When the show started out it, was a one-night event for local jobbers called the North Jersey Auto Body Association Table Top Convention at the Ramada Inn in Rochelle Park.

Even though it was mostly just simple things like sandpaper and masking tape (this was before frame benches, spray booths and such), the show was such a success that the fire department shut us down after two hours because of overcrowding. So the next year, we had it at the Sheridan in Hasbrouck Heights, which had a ballroom that was three times the size of our last place. We still sold it out. One year, Clifton Equipment came in with a brand new Chevy truck with a huge boom on it. We managed to get it down the hall, but the truck was wider than the entrance door when we made it to the ballroom. We ended up removing the doors and doorframe to get the truck in. We got it finished in time for the event to start, but then we had to do it all over when it finished. For some reason, we were not invited back to that hotel…”

“One of my favorite memories of NORTHEAST was having drinks on the balcony overlooking the pool, just laughing and being carefree with my friends. Also, we used to go to this little dive bar, Sutter’s Mill. It was great spending time together. And I got to do my stand-up routine for my friends – while sitting down, of course.”

READY TO MAKE YOUR OWN FAVORITE NORTHEAST MEMORY? For more information on NORTHEAST, visit www.aaspnjnortheast.com, the NORTHEAST Automotive Services Show on Facebook, the NORTHEAST Automotive Services Show YouTube page (www.youtube.com/user/AASPNJNORTHEAST) or on Twitter @AASPNJNORTHEAST / #NORTHEAST2015. For more information on AASP/NJ, please visit www.aaspnj.org.

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Acme Nissan................................................26 Amato Agency..............................................24

Audi Group ................................................30-31 Axalta Coating Systems ..............................6

BMW Group ................................................44-45 Bridgewater Acura........................................51

Cadillac of Mahwah......................................42 CCC Comp-Est ............................................16 Classic Audi ................................................10 Continental Auto Parts ................................16

Cycan Industries ..........................................29 Empire Auto Parts ........................................58 Flemington Audi ..........................................5

Flemington Group ........................................IBC Fred Beans Parts ........................................13

Future Cure..................................................14

Glen Toyota..................................................OBC Hyundai Group ............................................27 JMK BMW ....................................................11 JMK Saab/JMK Fiat ....................................8

Klean Frame ................................................58 LKQ..............................................................49

Maxon Mazda ..............................................46 Maxon Hyundai ............................................35 Mazda Group ..............................................57 Mercedes Benz of Freehold ........................29 Mini Group ..................................................50

Mitsubishi Group ..........................................47 Mopar Group................................................4

NORTHEAST® 2015 ..................................36

NU-CAR...................................................22-23 Paul Miller Audi ............................................55

Porsche Group ............................................52 PPG ............................................................3

PPGMS ........................................................28

Prestige Motors............................................41 Princeton BMW ............................................17 Princeton Mini ..............................................9

Saw Mill Auto Wreckers ..............................56

Subaru Group ..............................................25 Town Audi ....................................................56

Toyota Group ..............................................54

Toyota of Hackensack..................................IFC Valtek ..........................................................15 VIP Honda....................................................51

VW Group ....................................................34

Wheel Collision Center ................................15

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