New Jersey Automotive May 2023

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BMW of Springfield

391-399 Route 22 E. Springfield, NJ 07081

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BMW of Bridgewater

655 Route 202/206

Bridgewater, NJ 08807

PH: 908-287-1800

FAX:908-722-1729

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Circle BMW 500 Route 36 Eatontown, NJ 07724

Parts Direct: 732-440-1235

Fax: 732-440-1239

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Park Ave BMW 530 Huyler Street

South Hackensack, NJ 07606

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FAX:201-291-2376

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Paul Miller BMW

1515 Route 23 South

Wayne, NJ 07470

PH: 973-696-6060

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BMW of Bloomfield

425 Bloomfield Avenue

Bloomfield, NJ 07003

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P.O. Box 734 Neptune, NJ 07753

EXECUTIVE DIRECTOR

Charles Bryant 732-922-8909 / setlit4u@msn.com

2021 - 2023 OFFICERS

PRESIDENT

Jerry McNee, Ultimate Collision Repair, Inc. 732-494-1900 / ultimatecollision@att.net

COLLISION CHAIRMAN

Dennis Cataldo, Jr., D&M Auto Body 732-251-4313 / jr@dnmautobody.com

MECHANICAL CHAIRMAN

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

TREASURER

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

SECRETARY

Thomas Greco, Thomas Greco Publishing, Inc. 973-667-6922 / thomas@grecopublishing.com

BOARD

Brad Crawford, Livingston Collision, Inc. 973-992-5274 / livingston.collision@gmail.com

Gary Gardella, Jr., County Line Auto Body 732-363-5904 / countylineautobody@gmail.com

Dave Laganella, Peters Body and Fender 201-337-1200 / petersbandf@gmail.com

Sam Mikhail, Prestige Auto Body 908-294-1985 /prestige@goldcar.us

Ken Miller, 821 Collision, LLC (973) 949-3733 / kmiller@821collision.com

Danielle Molina, Perfect Bodies Collision Center (973) 777-7881 / Danielle@PerfectBodiesCollision.com

Ted Rainer, Ocean Bay Auto Body 732-899-7900 / ted@oceanbayautobody.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

Jeff McDowell, Leslie’s Auto Body 732-738-1948 / chacki@aol.com

LOCAL NEWS

20 Tomorrow’s Technicians Excel in SkillsUSA Competition by Alana Quartuccio

SAVE THE DATE

21 16th Annual Lou Scoras Memorial Golf Outing

LOCAL FEATURE

24

PRESIDENT/PUBLISHER

Thomas Greco / thomas@grecopublishing.com

VICE PRESIDENT/SALES DIRECTOR

Alicia Figurelli / alicia@grecopublishing.com

EDITORIAL/CREATIVE COORDINATOR

Alana Quartuccio / alana@grecopublishing.com

MANAGING EDITOR

Chasidy Rae Sisk / chasidy@grecopublishing.com

OFFICE MANAGER

Donna Greco / donna@grecopublishing.com

PRODUCTION COORDINATOR

Joe Greco / joe@grecopublishing.com

CONTRIBUTING EDITORS

Joe Amato, Sr.

Ron Ananian

Jim Bowers

Charles Bryant

Don Chard

Guy Citro

Pete Cook

Ed Day

Dave Demarest

Phil Dolcemascolo

Tom Elder

Bob Everett

Alicia Figurelli

Thomas Greco

Dan Hawtin

Rich Johnson

Mike Kaufmann

Wes Kearney

Nick Kostakis

Jim Kowalak

Keith Krehel

Joe Lubrano

Michael Lovullo

Jeff McDowell

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

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MERCEDES-BENZ OF CALDWELL 1220 Bloomfield Ave. Caldwell, NJ 07006

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JAGUAR GLEN COVE 70 Cedar Swamp Rd. Glen Cove, NY 11542

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LAND ROVER BROOKLYN 809 Neptune Ave. Brooklyn, NY 11224 Wholesale Direct: 929.583.6492 landroverbrooklyn.com

LAND ROVER GLEN COVE 70 Cedar Swamp Rd. Glen Cove, NY 11542

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A Body Shop Fairy Tale

Allow me to take the opportunity this month to tell you a body shop fairy tale…

Once upon a time, there was this good-looking kid who was an average student, a decent athlete and pretty popular. He got along with most of the kids throughout his grammar, junior high and high school years. He played some baseball and very little basketball (at least he called it basketball), but it was on the football field where I first met him. At the time, I had a little more experience than he did, and in fact, I made the midget all star team, and he didn’t. (And he will gladly claim that was the last time I ever did anything better than him.) We came from different parts of town. Didn’t have much in common. We were more acquaintances than friends at that point. My dad owned a construction business. His dad owned a body shop.

Naturally, we became teammates during our high school years. His star rose, while mine descended due to my lusting after an older woman (she was 18). But he didn’t have it easy. He was a bit of a wild child, while I, of course, was a saint. I have a distinct memory of seeing him leaning against the wall of the locker room while we were out practicing on the field. Again, as we weren’t really friends, all I knew was that he either had to work at the

by THOMAS GRECO, PUBLISHER

shop or that he was in trouble for doing something his dad didn’t approve of.

By the time we were seniors, he was the star running back who all the girls loved, and my football career was long gone along with the 18-year-old. After graduation, I really didn’t see him. We both went off to work for our fathers. My bricklaying career was as successful as my football career and my love life, so by the following year, I was in college while he was spending endless hours doing the grunt work at the shop.

Fast forward 10 years. By that time, I had started my company, was publishing New Jersey Automotive and serving on the Board of AASP/NJ. At one general meeting in Rochelle Park, who should walk through the door but my old midget league football (not an all star) acquaintance? All of sudden, it was like we were best friends for life. We started reminiscing about our youth, and what do you know, we actually did have a lot in common. Now more than ever.

He was still at his dad’s shop. But by now, he was running it, of course. A few short years later, he bought his dad out and took over the shop and even decided, (with a little prodding by this midget league football all star) to join the AASP/NJ Board. He put in his time and moved all the way up to AASP/NJ President. He even played a huge role in bringing all of the state body shop associations to merge into one. Not bad. Not bad at all.

But that was nothing.

Next thing you know, he’s buying a huge building in our hometown and turning it into one of the finest body shops in the state. He had taken the seeds that his father planted and turned them into a full blown forest of success.

Now, I bet you’re waiting for the tragic turn here, aren’t you? But didn’t I say this was a fairy tale? And don’t fairy tales have happy endings? Well, this one sure does.

My acquaintance.

My friend.

My brother.

Earlier this year, he was made an offer he couldn’t refuse. He sold the shop that HE built into a powerhouse, and retired last week.

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I can’t help but think back to that heartbroken kid leaning against that locker room wall, so upset that he couldn’t get out onto the football field. I doubt he remembers that day, but I do.

Good luck and God bless you.

Let your story be a fairy tale for all others in this industry to follow and strive for.

Just never forget while you’re sipping your champagne in Florida…

…I was a midget league football all star.

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No Problems with Insurers? That’s a Big Problem!

It’s always interesting when I hear a shop owner tell me that they have no issues whatsoever in their business. Given the whole new world we’re operating in and many insurers’ reluctance to accept the changing landscape of collision repair, I struggle to see how that can be reality because from where I’m sitting it means one of two things: 1. You’re doing the things you’re supposed to do and not being reimbursed, or 2.

You’re simply NOT doing the things you should be doing!

Are you making more money now than in past years? I recently talked to an insurance appraiser who said some shops must be making a killing. We all know that severity is increasing because of vehicle complexity, but insurers just see rising costs and are convinced that shops’ profitability is up by that amount. They disregard the fact that severity has increased

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year over year; they feel like that extra $$ is going directly into our pockets and boosting our bottom lines. I’d venture to guess that it’s not. Not if you’re doing things right. Insurers have a very simple plan called the “zero sum plan;” in order for them to win, someone has to lose.

But the beancounters in upper management at the insurance companies have these local appraisers hung up like puppets on a string. They’re not allowed to have opinions or speak with their own voices; they simply do what they’re told, and our situation gets worse and worse as they write estimates and kick them back to their superiors who just naysay our blueprints. “No, no, no; we won’t pay for that.” Well, it’s easy to be a Monday morning quarterback and squeeze us for all we’re worth when we’ve already done the job blue printing the repair

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Less than 15 percent of shops are controlling the other 85 percent. But imagine what could happen if that majority put their foot down, got involved and said, “Enough is enough!” The insurers’ position will always be “no,” so it may take thousands of negative responses before they finally say “yes,” but rest assured: If you get involved and educate yourself to learn how to utilize the programs AASP/NJ and other associations offer, you’ll start to see that other shops are getting paid for doing the right thing…so, why shouldn’t you? I read a great win where the judge said and accepted the VRS as the real prevailing competitive price / labor rate.

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Do Rules Governing Insurance Claim Settlements Still Exist?

The quick answer to this question is “yes, sure they do.” A more realistic answer is “yes, but who cares?”

Based on what is going on in New Jersey, the insurance companies settling claims don’t seem to care because they certainly aren’t following the rules. Oh, wait, I forgot for a minute…insurance companies are not treated like everyone else. They don’t have to follow the rules like everyone else does. Now, I am sure that statement is going to strike some interest, so please allow me to explain.

Insurance claim settlements are governed by what is commonly referred to as the “Unfair Claim Settlement Practices Act.”

Quoting directly from the act, the purpose of the act – or rules found in the act – is to ”prohibit insurers from engaging in unfair claims settlement practices” and to “promote the fair and equitable treatment of claimants by defining certain minimum standards for the settlement of claims.” Well, that certainly appears to be a standard that would require insurers to follow the rules that govern the settlement of claims.

Oh wait. Again, I forgot to mention that the rule referenced above goes further to say, “which, if violated with such frequency as to indicate a general business practice, would constitute unfair claims settlement practices in the business of

insurance.” Now, wait a minute, as I mentioned above, the rules are in place to ”prohibit insurers from engaging in unfair claims settlement practices” and to “promote the fair and equitable treatment of claimants by defining certain minimum standards for the settlement of claims.”

Since these rules are put in place to prohibit insurers from engaging in unfair claims settlement practices and to “promote the fair and equitable treatment of claimants by defining certain minimum standards for the settlement of claims,” why would an insurer be allowed to violate the rules enough to indicate, or establish that they have violated the rules enough to create a general business practice before such a violation would be considered or constitute unfair claim settlement practices?

That simply doesn’t even make sense! That’s like saying it’s illegal to run a red light, but then saying a police officer can’t give the person running the red light a ticket until he catches the person running the red light enough times to create a general practice of running the red light. Based on the rules referenced above, it’s no wonder that insurance companies are doing whatever they want and acting as if there are no rules that govern how they handle the settlement of claims.

by CHARLES BRYANT

Now don’t get me wrong: When I mention that insurance companies are not handling the settlement of claims properly, I do not mean to infer that this is something that started happening recently. This is something that has been happening for as long as I can remember!

The problem is that things have changed. In the past, if an insurer failed to follow the rules that govern fair claim settlement practices, the consumer would likely have to just accept that it’s ok for the insurer to violate the rules because he or she has no way to show that the insurer is not following the rules. Maybe the insured would wind up with less than what it takes to repair his or her vehicle properly, and it would negatively affect the retail value of the vehicle.

Now, with modern vehicles equipped with so much artificially intelligent equipment like automatic braking, lane change sensors and thensome that MUST be repaired properly or replaced when required and MUST be recalibrated after the repairs are completed, the rules MUST be strictly enforced. There should be no such thing as having to show that an insurer has violated the regulations enough to create a general business practice because now when insurers fail to pay to repair these modern vehicles safely and properly, people are going to die! Period!

I am looking for feedback on the information provided in this article. If you are a shop owner, or a consumer that has experienced an insurer’s blatant violation of the rules that are supposed to govern fair claim settlement practices, please reach out to me so we can document it. These rules that govern how insurers handle auto insurance claims have got to change, and now, based on the explanation referenced above, it’s not a matter of just what is right or wrong; it’s a matter of life or death. We will be watching!

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Tomorrow’s Technicians Excel in SkillsUSA Competition

The future of the collision repair industry lies in the hands of today’s promising young students in training.

On April 1, several up-and-coming auto body technicians took part in the annual SkillsUSA New Jersey competition, held once again at Somerset County Vocational & Technical School.

Congratulations to Luke Donnadio (Somerset County Vocational & Technical High School) who earned the first place spot. Jess Stevens (Gloucester County Institute of Technology) came in second place, and John Lyzenga (Morris County School of Technology) came in third.

It’s important to keep young people who are interested in the profession motivated and equipped with tools so they can continue to invest their time into learning more about the skill, allowing them to take it to the next level. With this in mind, event organizer Charity Ritter (Bridgewater Collision Repair) expressed how grateful she was for all the support this annual competition received this year from local sponsors.

Bridgewater Collision Repair donated tools, T-shirts, hats and bags for prizes. Every contestant took home a small tool kit. First, second and third place winners received additional prizes, including Snap-on Tools gift

certificates courtesy of Bridgewater Collision. Dave’s Collision of Flemington donated a tool box for the first place winner, and National Coating Systems donated tools.

Ritter also thanked the judges for volunteering their time: Al Bartocci, Dan Facello, Dave Gutierez, Susie Norz, Eric Oaks, Peter Ritter, Tyler Tallamy and Ed Winkins.

First place: Luke Donnadio

Somerset County Vocational & Technical High School

Second place: Jess Stevens

Gloucester County Institute of Technology

Third place: John Lyzenga Morris County School of Technology

Photo Credit: Alicia Figurelli

Future of Vo-Tech: A Collision Instructor Roundtable Part 1

For decades, the collision repair industry has sought more qualified technicians, yet over the years, the vocational and technical schools that typically fulfill this need have provided a dwindling supply of entry-level workers.

Is it due to students’ waning interest in the field, or are shops simply unable to retain young workers? Some shops complain that it’s about the quality of students who are graduating, yet they do nothing to ensure that technical schools are still teaching the trades, and without the industry’s involvement, there’s a real danger of collision programs becoming obsolete. Do you know what’s really happening in today’s trade schools? Probably not, but the teachers dedicated to teaching tomorrow’s technicians sure do!

New Jersey Automotive solicited feedback on these issues and more from four local collision instructors: Michael Bonsanto (Passaic County Technical Institute VoTech; Wayne), Sam Lopez (Piscataway Magnet Schools; Piscataway), Bob Magee (Bergen County Technical High School; Teterboro) and Mike Nickerson (Salem County Vocational Technical School; Pilesgrove).

New Jersey Automotive: How long have you been a collision instructor, and how has vo-tech education changed over that time period, especially as it relates to the number of students enrolled in the program?

Michael Bonsanto: This is my fifth year teaching, but I served on the school’s advisory board for many years before becoming an instructor. I’m fortunate to work for a progressive program that has stayed pretty much the same in terms of how it’s administered; the only noticeable change I’ve seen was related to COVID when everyone had to adapt. Typically, 15 kids enter the collision program each year as freshmen, and another instructor and I teach them through their senior year. Usually, we look to place them in an industry job toward the end of their junior year, and we’ve done pretty well finding shops to take them over the past couple years. So far this year, we’ve placed six out of the 14 kids. Before I took on this role, I (like many in the industry) was under the impression that all collision students went to work in a shop, but that’s not true at all. If we can get a handful of kids into the industry and retain

them in the shops, we’re doing a great job. And that’s definitely my goal since I became a teacher in hopes of helping to repopulate the industry.

Sam Lopez: During my tenure as a collision instructor, I’ve noticed major changes in the education system. While attending Rutgers University, I spent much of my free time working at Walters’ Auto Body in Sayreville, NJ, until I graduated, after studying collision repair at the school where I am currently teaching. Like many students, I didn’t have a precise aim on what I wanted to do after college, but what I was sure about was the fallback I had working in the collision industry as a technician, which I had been all along prior to becoming an instructor. Once I entered the education field in 2013, it was a transitional period where Alternate Route (for teachers) was an option that was there for those blue collar individuals who did not necessarily have the college degree but wanted to get certified to teach at the high school level. Even though this program is still available today, it actually became more lengthy and really had nothing to do with collision repair but was mainly focused on the teaching concepts and group dynamics that I already studied during college. And yes, I still had to go through it and finish it. Looking back at the start of my teaching career, I see that the mentality of the students has shifted as cell phone use has become ubiquitous, and I miss those times when students could actually focus on one task and not be distracted by their cell phones. Also the number of students has gone down, and quite frankly, I do not know exactly why. I could speculate all day long, but the bottom line is, teaching is always reinventing itself, and so should we as educators.

Bob Magee: As a collision and mechanical teacher for 21 years, I’ve seen it basically change to a place where a lot of schools aren’t teaching vocational trades anymore. When I was younger, if you didn’t do well in regular school, you went to a technical school to learn a trade. And they were technical schools, but then every year, they removed more technical areas and put in more AP courses until it’s not really even a technical school anymore because no one considers the trades to be important anymore. But everybody drives, and those cars need to be fixed. We still have the same amount of kids coming into the

program, but when I first started, the kids wanted to be in the program; that’s why they came to this school. But as the program started changing, they started changing the requirements for the kids who are admitted. So, a kid with a B-average can’t get into the program, even though they’re interested in working with cars. At the same time, everyone is being pushed to go to college, but how many kids attend college for four years and never get a job in the area they studied? They go to work doing something else entirely, so that was a waste of their time.

Mike Nickerson: I started teaching toward the end of the 2020-2021 school year with just 12 students. I now have 44 students enrolled in our collision program. (Read more about Nickerson’s journey to reignite the SCVTS collision program at grecopublishing.com/nja0522localnews.)

NJA: What are your biggest challenges when it comes to attracting more people into the industry, and how is your school trying to increase awareness of the program to attract and retain students?

MB: We start each year with 30 kids who are interested in automotive. In the first trimester, 15 kids go to mechanical and 15 to collision. They flip for the second trimester, and in the third, they decide which area to focus in. One of the biggest challenges is simply their age; they start this path at 14 years old with big ideas, but over time, they change their mind and decide to get into another trade or go to college. It’s up to us as instructors to get them excited if we want to maintain their interest in this field, but we also need help from the industry. Our program enjoys some great opportunities to take them on field trips to shops and have them do some job shadowing.

As the New Jersey I-CAR Committee chair, I also get to see what’s happening at other schools and in the

industry. A lot of collision programs are being shut down at the school level as instructors retire or they face low enrollment, and that’s a tragedy because we have a huge deficit of talented collision professionals entering the field. I believe there’s a disconnect from middle to high school in addition to a lot of pressure for kids to pursue a college education. We need to do a better job of promoting the trades, and a positive change I’ve seen on the industry side is in the mentoring programs being offered at some shops. We’ve seen a lot of kids go to work for a shop after graduation only to be handed a broom for months, which causes them to leave. The industry is starting to realize that they need to pair new technicians up with mentors who can continue their training, and when we have employers who offer that type of culture and philosophy, it becomes a carrot we can dangle in front of them, promising a viable career path in an industry that’s willing to invest in their future.

SL: For student enrollment and education in general, I believe it is critical for all who want this industry to succeed to get involved. There is a very famous saying that if you love what you do, you’ll never work a day in your life. That’s precisely why I think a lot of us do what we do. A number of instructors have our students participate in the SkillsUSA competition, which inspires them to show their skills and to experience what it is like to be under pressure during the competitions. I also think that shops like Dayton Toyota, Tri-State Restorations, Walters’ AB, Ultimate Collision, Britland AB, and ACME AB deserve credit for always supporting the schools and the students who one day can become technicians. A lot of these guys came from the bottom and have been leading the way in this business, and I can wholeheartedly say their efforts will come to continued on pg. 36

Michael Bonsanto Sam Lopez Bob Magee Mike Nickerson

DEG Reboot Enhances Security and Increases Efficiency

As anyone who works in an auto body shop can certainly attest, the operations identified by information providers (IPs), such as Audatex, CCC and Mitchell, are much more likely to be “estimates” of the time and requirements actually affiliated with certain procedures than the detailed repair plans written in today’s facilities. For 15 years, the Database Enhancement Gateway (DEG) has been helping the collision repair industry improve the quality, accuracy and standardization of their repair blueprints – with over 20,000 inquiries submitted through the end of last year.

Suffice it to say that the DEG is powerful, yet because it is funded and managed by the Society of Collision Repair Specialists (SCRS) and the Alliance of Automotive Service Providers (AASP), along with additional donors/ sponsors, this resource is offered FREE to the industry, allowing users to provide feedback that is used to improve the quality of information in the IP databases…and if that wasn’t already an amazing feat, degweb.org saw a significant reboot earlier this year, designed to enhance security, increase user-friendliness and advance analytic capabilities.

good that DEG is doing its part to keep its data safe.”

“Phoenix Solutions Group’s top priority was ensuring the security of the data we receive cannot be accessed by anyone since that information can be sensitive,” Gredinberg added. “Each user that accesses the information only has a certain level of access, depending on their assigned permissions, for the specific information necessary to complete their review of the inquiry and database.”

Most users are familiar with the DEG from the perspective of submitting questions for clarification from the IPs, and often, those inquiries result in changes to the databases. In fact, 60 percent of the inquiries submitted in 2022 resulted in a net change. “That’s the power of what the DEG does,” SCRS Board member Barry Dorn (Dorn’s Body & Paint; Mechanicsville, VA) noted. “It provides a way for us to collaboratively push the boulder up the hill together.”

While inquiries are still input through a webform, the process has been revamped to provide an updated look while also being updated to work seamlessly with all web browsers, whereas it worked best with Google Chrome prior to the reboot. Optimizing the site to make it more accessible on tablets and mobile devices was another top priority. “A fundamental component of the redesign was to make sure visitors had a seamless experience across all devices, from desktop and laptop computers to tablets and mobile phones,” according to Schoolcraft. “We wanted the site, as well as database inquiries, to be effortlessly consumed by visitors on any device.”

DATABASE ENHANCEMENT GATE WAY

“The entire website is completely refreshed with a new look and feel,” according to DEG Administrator Danny Gredinberg. “It has been mobile-optimized to encourage more users to utilize the free resource. Phoenix Solutions Group stepped up to the plate and not only built a new main website but also completely rebuilt the database from scratch, making it faster, easier to use and more visually appealing, all while maintaining the existing database and without losing any information.”

Nick Schoolcraft (Phoenix Solutions Group) shared highlights about the updated site. “Security has been enhanced, and the ability to input inquiries will be much faster and more user-friendly,” he promised. “Users will be able to dive deeper into each individual query, plus we increased the overall speed of the website, leveraged mobility so it will be usable on mobile devices and updated the structure of the database to improve the reporting feature.”

The primary goal of the redesign was security enhancement, ensuring the new website would provide the highest possible level of security while also improving the user experience. “We invested in enhanced security measures that don’t slow loading times or make the user experience cumbersome,” Schoolcraft explained. “By taking these extra precautions, we’ve been able to make sure visitors get the best possible experience while keeping their data secure. With the enhanced security measures in place and faster load times, visitors can feel

“We hope this will encourage additional use straight from the shop floor,” Gredinberg added. “You can quickly add attachments (photos, videos and various documents) right on the spot to streamline the inquiry process.”

Users can also expect improved search results and filtering options for vehicle-specific information when searching the database, allowing for streamlined workflows as well as advanced data and analytical capabilities.

“Visitors of the site will see improved search functionality as well as a much faster, responsive and intuitive experience,” Schoolcraft promised.

Lastly, the Estimators’ Toolbox portion of the website has been expanded to provide even more estimating tips, easy access to SCRS’ Quick Tips videos, OEM repair information, links to vehicle owners manuals and much more to help keep today’s collision repair professional informed with all the data they need right at their fingertips.

Learn more about the DEG or submit an inquiry at degweb.org

You’ve got the right tools, staff, technology and procedures to give your customers the best repair possible. The missing piece of the puzzle? Genuine Volkswagen Collision Parts. Contact an authorized dealer today and find your perfect fit.

Ciocca Parts Warehouse

8 Minneakoning Road

Flemington, NJ 08822

Toll Free: 800-221-1256

Fax: 908.782.1795

rmuir@cioccadealerships.com

www.cioccaparts.com

Douglas Motors

491 MORRIS AVE. SUMMIT, NJ 07901

PHONE: 908-277-1100

FAX: 908-273-6196

TOLL FREE: 800-672-1172

www.douglasvw.com

email: douglasparts@douglasautonet.com

Paul Miller Volkswagen

118 Morristown Road

Bernardsville, NJ 07924

TOLL FREE: 877-318-6557

LOCAL: 908-766-1600

FAX: 908-766-6171

Email: aaitchison@paulmiller.com

www.paulmillervw.com

Trend Motors

221 Route 46 West Rockaway, NJ 07866 888-267-2821

fax: 973-625-4985

www.trendmotors.com

email: dreinacher@trendmotors.com

Crestmont Volkswagen

730 ROUTE 23 NORTH

POMPTON PLAINS, NJ 07444

TOLL FREE: 800-839-6444

fax: 973-839-8146

www.crestmontvw.com

email: vwparts@crestmont23.com

“Volkswagen“ and the Volkswagen logo are registered trademarks of Volkswagen AG. ©2023 Volkswagen of America, Inc.

Wholesale Parts

IS THE NJ DOBI PROTECTING INSURERS OR CONSUMERS?

The New Jersey Department of Banking and Insurance (DOBI) is responsible for regulating the state’s insurance industry (along with its banking and real estate industries), yet insurance companies’ abuses run rampant in the Garden State. And despite attempts to alert the agency to disregarded regulations and other evidence of poor behavior on the part of carriers, DOBI continues to willfully ignore these abuses that negatively impact New Jersey consumers.

Attorney Michael Jurista (Jurista Law LLC) has been in contact with DOBI on numerous occasions on behalf

of his clients. While initially hopeful that DOBI would be neutral in investigating complaints, his interactions have left him flabbergasted by “how little DOBI seems to care about investigating any of the auto repair issues that insurers are taking advantage of which unabashedly affect the public at large. Taxpayers need to realize they are helping to fund an agency that appears unwilling to protect them, even when claims of bad faith are brought to their attention.”

“Clearly the state is unwilling to do the job funded by taxpayers and protect the consumer,” agrees AASP/NJ President Jerry McNee (Ultimate Collision; Edison). “This

issue impacts our entire industry, but more importantly, it creates safety concerns for every driver in the state.”

Jurista’s suspicions regarding the non-neutrality of DOBI reached a peak earlier this year when he submitted an OPRA (Open Public Records Act) request which was subsequently denied as OPRA Custodian Gatien Laurol determined the files to be nonpublic records in accordance with New Jersey Administrative Code, categorizing the records as “investigative files in any matter pending investigation, or in any completed investigation in which no formal disciplinary action was taken;” however, Jurista had requested documents where violations were found to have occurred (which would not fall under the exclusion cited).

Specifically, Jurista sought records showing violations of New Jersey’s Unfair Claims Settlement Practices and the Auto Physical Damage Claims regulations respectively. He also asked for any communications or requests made by DOBI to any insurer pursuant to the Unfair Claims Settlement Practices regulations, which indicates “If the Department observes that an insurer’s claims settlement practices are not meeting the standards established by statute or by this subchapter, the Department may require such insurer to file periodic reports.”

Despite the fact that the regulations specifically state that DOBI will investigate insurers as needed to ensure compliance with the rules, Laurol confirmed that “since January 1, 2020, the Department has not requested any insurer of motor vehicle collision and comprehensive coverage to file periodic reports. Therefore, no records responsive to this request are made, maintained, recorded or on file with the Department.” And despite directing Jurista to DOBI’s enforcement activity page to locate orders or violations found, Jurista states that he “could not find any orders or findings of violations against an insurance company relating to these regulations.”

Jurista goes on to state that this exchange makes it “increasingly clear that DOBI is not going to be helpful in pursuing these companies.” It is important to him that “the public is made aware that (a) DOBI – the only agency authorized to enforce these regulations – is not enforcing them and will never help consumers; (b) the insurance companies are free to do what they want, including not paying claims, raising rates, etc. because of DOBI’s refusal to enforce their regulations; and (c) their tax money is being wasted by going to investigators who are clearly not doing anything.”

Jurista’s conclusion is also based on his own first hand experience in addressing consumer’s complaints directly with DOBI and the “investigators” who are supposed to be looking into these complaints. For example, Jurista specifically addressed a consumer’s complaint with DOBI as related to State Farm wherein numerous regulatory violations were found in connection with State Farm’s attempts at resolving a claim, asserting that “it is without dispute that [State Farm’s initial] estimate was made in bad faith.”

As set forth in his communications with DOBI, State Farm wrote an initial estimate of $2,737.70 based purely on a photo estimate and never conducted a physical inspection within seven days following the notice of loss to identify visible damages. Even though the regulations make clear that physical inspections must be done within seven days and that State Farm “remains liable for all damage directly related to the loss giving rise to the claim subject to policy terms, conditions and limits,” DOBI did not care at all about State Farm’s indifference to these regulations.

One such area that insurers are repeatedly taking advantage of, which is causing a vast majority of these issues, is their ability to rely upon photos to initially determine the values of claims – which is completely contrary to the regulations imposed upon auto repair shops which prohibit anything other than in-person inspections and solely relies on the insurer’s experience, which is little to none when it comes to repairing vehicles today.

“This ongoing pattern of conduct by insurers in relying only upon photos to determine initial estimates is resulting in egregiously low first estimates and putting consumers at risk with a false sense of security, continually driving their vehicle, which is something the Department should strongly investigate and

“

“...there is no reason for the Department not to put the safety of the consumers above all else by investigating this ongoing and dangerous practice...”

rectify,” Jurista wrote. “Since it would be easy for the Department to investigate these absurd ‘photo-based’ initial estimates by comparing them to the supplemental estimates the insurers submit thereafter, there is no reason for the Department not to put the safety of the consumers above all else by investigating this ongoing and dangerous practice.”

Furthering his argument that insurers using the photos for their estimating with little to no training or experience at the expense of the consumer will in fact lead to major safety issues in which consumers will undoubtedly get hurt, Jurista insists that DOBI could easily investigate how egregious these photo estimates are by simply looking to the insurer’s own supplemental estimates thereafter. ”The Department should start with State Farm in this matter which clearly participated in this purposeful scheme as evidenced by nothing more than their own supplemental estimate which – while still not sufficient to cover the damages on this claim – was over five times more than their unsubstantiated initial one.

“If the first initial estimate is done improperly and is purposefully low for no reason other than to protect the insurers’ bottom-line, why is the Department considering increases to these unsupportable first offers to be part of their good faith negotiation?” he asked, further noting that the insurer’s appraiser blatantly admitted that his employer gave him no authority to negotiate the claim. Jurista even offered to provide evidence with a State Farm supervisor demonstrating the insurer’s ongoing refusal to negotiate.

In response, DOBI Supervisor of Investigations Thomas Stanley indicated that insurers are not prohibited from basing estimates on photo inspections. Although he agreed that accounting for all damages is the purpose of the state’s rules for fair and equitable settlements applicable to property and liability insurance, DOBI still failed to find State Farm out of compliance with the state’s regulations, even when Jurista advised him that insurer’s appraiser blatantly admitted that his employer gave him no authority to negotiate the claim beyond a specified amount and that he had proof of a call with a State Farm supervisor demonstrating the insurer’s ongoing refusal to negotiate.

DOBI even dismissed 90-plus pages of documentation and OEM procedures setting forth how safe and proper repairs must be completed, as well as a line-by-line breakdown of the claim as to each amount at issue and why the labor/materials at issue were required, citing specific references to the estimating

guidelines where needed. Even more egregious perhaps is that “we even sent DOBI an outlined list of claims where State Farm paid for the very items they are now refusing to pay for. How can anyone possibly consider that good faith?”

While being completely dismissive of these issues – and ignoring all of the written evidence provided –DOBI just simply took State Farm’s word for it that they did in fact negotiate this claim in good faith. As stated by DOBI’s investigator in reaching this conclusion, “State Farm responded that they maintain the position that they paid for all required repairs. As they based their payment on their estimate of repairs to meet the generally accepted standards for safe and proper repairs, then the response is adequate to demonstrate that they are in compliance.”

“They’ve done nothing,” Jurista told New Jersey Automotive. “New Jersey has implemented regulations to protect consumers and ensure insurance companies do the right thing, yet DOBI never does anything to enforce those regulations, even when presented with evidence that explicitly shows their unwillingness to negotiate and that consumers are at risk as a result. Rather than investigate complaints, DOBI just asks the insurer what happened and accepts their answer.

“The law requires auto body shops to conduct a complete, in-person inspection and to follow OEM procedures to ensure a safe and proper repair; else, the vehicle may not be restored to its pre-accident condition and might be unsafe to drive,” he continued. “Yet, an insurer is allowed to simply state that ’we don’t think you need to do that, so we won’t pay for it.’ What is the shop to do in this case? They want to (and must) fix the vehicle properly, but as a result of the insurer’s bad faith tactics, the repair shop must charge the customer the difference. Or worse, not do the proper repair. And while the customer starts off blaming the shop, they are often left in the dark by their insurance company that the entire reason they are paying out of pocket is because of the tactics of their insurance carrier in refusing to negotiate in good faith with the shop.“

In addition to the safety aspect that these situations create, there’s also the matter of under-indemnification with customers often being forced to pay the difference between the final invoice and what their carrier will pay the shop. In this case, that difference was $6,000! Jurista expressed concern about how these activities serve to “under-indemnify consumers while unjustly enriching insurance companies in the process.

“If the insurance company doesn’t pay, the shop has to charge its customers. While it is sometimes true that the customer goes back and gets compensated by

their insurer, it’s a game to them because they realize that eight of 10 consumers probably won’t pursue the shortpay…they’ll just pay the difference to avoid hiring an attorney. And at the end of the day, the insurer never paid that amount to the shop, so they’re not setting a precedent or impacting their ‘prevailing rate,’ so they’re able to continue underbidding claims.”

It concerns Jurista that the average consumer has no clue what’s happening. “This system of regulations is in place to make consumers feel good, but when nothing effective is actually being done to address violations, it’s like putting lipstick on a pig. Nine times out of 10, consumer complaints are ignored, or DOBI responds that they spoke to the carrier, and everything is fine. We point out blatant violations and are told, ‘They are more like a guideline.’ So when do they need to do something? If no one is regulating the insurers, then our regulations mean nothing.

“Meanwhile, DOBI seeks feedback from the insurer but not the shop or consumer. Their refusal to review our evidence makes it seem like they don’t want to find a violation, but DOBI is supposed to be making sure the consumer is protected; they’re not supposed to be on the insurer’s side! And if there are any questions as to

this, DOBI has not found a single violations in the past three years…yet I’ve received 20 complaints in the past month alone so clearly something is going on between DOBI and the insurers.” .

So, is DOBI being negligent?

“I wonder if it’s more than negligence,” Jurista ponders. “Negligence is unintentional, but when DOBI is ignoring evidence and questions about violated regulations, it seems like they don’t want to know what’s happening, like they’re choosing to ignore these violations. And all of this is because the insurers want to steer customers to their DRP shops, where the concern becomes whether those shops are repairing vehicles improperly to comply with the carriers’ demands. And if cars aren’t being fixed correctly because the insurance companies fight against the required procedures, people are going to die. I wonder if DOBI will care then?”

Has your shop experienced reticence from DOBI when filing complaints against insurers? New Jersey Automotive wants to know and invites you to share your story as we keep an eye on this dangerous situation.

Significant Changes to Property Damage Coverage Are Now in Effect

For the first time since automobile insurance coverage minimums were established over 50 years ago, they are finally being raised to try to match the realities of the extent of damage which automobile collisions cause to both individuals and the vehicles they operate. In August 2022, the Governor of New Jersey signed A-4291/S-481, which increases the minimum coverage to $25,000 for bodily injury for one person in an accident, $50,000 for more than one person in an accident as of January 1, 2023 and later ramping up coverage to $35,000 for bodily injury for one person in an accident and up to $70,000 for more than one person in an accident in 2026.

Additionally, the bill raises the minimum coverage for property damage in an accident from $5,000 to $25,000 after Jan 1, 2023. This increase in coverage not only better protects drivers, but also ensures the facility tasked with making the necessary repairs has the flexibility to do so. Whereas, in the past, $5,000 of coverage led to possible personal exposure of the insured if the repairs exceeded this relatively low policy minimum that many people carried.

Additionally, prior to January 1, 2023, the minimum bodily injury coverage that insurance companies were

Law

allowed to offer was $15,000 per person/$30,000 per accident. The glaring policy issue, for decades, was whether or not someone carrying this kind of coverage could (without exposing personal assets) fully and fairly compensate someone who is seriously injured as a result of their negligence. Perhaps 50 years ago, it was a closer call, but today, the answer is almost surely a “no.”

This bill is an important step forward in New Jersey. It helps not only the victims in these scenarios, but also the people carrying these policies as they are even more insulated from personal exposure in the event of a serious collision.

The Law Office of Mitchell H. Portnoi, P.C. concentrates its practice on personal injury, workers’ compensation and diminished value matters. We are always happy to provide a free consultation and will charge you no attorney’s fee unless we recover a settlement for you. Call (908) 228-8800 and ask for either Mitchell H. Portnoi or Kyle S. Reed, or contact our office online at mportnoi@portnoilaw.com or kreed@ portnoilaw.com

OUR SUCCESS IN BUSINESS COMES FROM OUR RELATIONSHIP WITH LOYAL CUSTOMERS.

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©️2023 BMW of North America, LLC. The BMW name, model names and logo are registered trademarks.

continued from pg. 25

fruition. They have opened their doors to us in the past through field trips, guest speakers and material donations, which are very much appreciated.

Our school counselors and administrators have a big part in enrollment to the program. Giving them the tools and resources really goes a long way in having them speak to the students about the collision industry and the importance of being successful without necessarily having a college degree. I think about the time when I sat down with my school counselor and bargained with him since I thought about leaving the vo-tech school (as it was then called) to go to traditional high school as a young man. He convinced me that if my grades were good, we could apply for a scholarship, which for me was the only way I was going to pay for college. I would be the first in my family to achieve this, and for an immigrant kid with little to no English spoken, many opportunities were available, and I am very thankful for them.

BM: The automotive program is a tiny little part of what we teach here, and we have four other schools in Bergen County, including Paramus, which is a technical school. They do automotive and collision, and they have a lot of kids with classifications like OCD in there, but those kids want to be in there and want to learn the trade. A lot of the kids I get, this is their third choice program, but now I’m stuck with them for four years even though they’re not really interested in learning about collision.

MN: Parents have this misconception that their kids cannot make any money in this business, and we need to correct that. Right now, we’re

working with Caliber Collision to get started with their new Technician Apprenticeship Program (TAP), and I believe that will be a big help. It allows us to send seniors to work alongside an A-tech for six to 10 months and get paid as they’re training. Once they finish school, Caliber offers them a job at a shop close to their home to start. We toured their facility, and

although we don’t have any seniors this year, a couple of my students are looking forward to participating in the program during their senior years. A few of them are even planning to work for local Caliber shops this summer to clean up and get their feet in the door.

continued on pg. 38

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WIN offers education, mentoring and leadership development opportunities to build critical skills for success in the collision repair market.

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continued from pg. 36

Obviously, there are many ways to attract more students to collision programs, but instructors cannot do it alone; they need industry involvement to demonstrate the need for these young technicians and to correct the general public’s perception of this field. Tune into the June edition of New Jersey Automotive for part 2 of this story to learn what YOU can do to make a difference in the future of vo-tech education!

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•

•

PRESIDENT’S MESSAGE

continued from pg. 12

Cars get brought into my shop sometimes that have been repaired so poorly it’s concerning, with all the liability falling on the shop. And then we’ll see staff appraisers for an insurer dropping their company vehicle there to be fixed, even after acknowledging how badly a customer’s car was repaired. They do it because they can control the shop, and it’s a sad day when an outside entity controls another industry’s business model. The shops that are doing the right thing for their customers, that are making sure every vehicle that leaves their lot is properly repaired, have to make significant investments to keep up with the technical tsunami rushing over our industry.

So, no, Mr. Insurance Appraiser, I’m not making more money now than I was a year ago. Everything is relevant, and you’ve got to see how severity has increased. As shops, we need to be able to explain these factors when crazy accusations get thrown our way, and we need to be providing properly documented blueprints that allow us to get paid for what we’re doing. I’ve been talking about these things for years, and it often seems like my

words float out into the abyss…but every so often, I’ll hear about a shop that has taken tips from other owners, implemented what they’ve learned and made it work. And they’re more successful as a result.

We have to be willing to work together and learn from one another to become stronger and better. So many collision repairers think it’s taboo to talk to another shop, but here’s the secret that we’ve got to get past: We’re NOT competition! There’s enough work in this state and the surrounding areas to go around for everybody. Stop seeing other shops as the problem in your business and start looking internally to identify what you can do better. We’ve got to make our own business decisions because at the end of the day, it’s our shops that give it away … and our customers who we’re endangering if we’re not doing the right thing.

ARANJ Board of Directors

David Yeager - EL & M Auto (800) 624-2266 / elandmauto@aol.com

Ed Silipena - American II Autos (609) 965-0987 / esilipena@yahoo.com

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

Dillon Rinkens - East Brunswick Auto (732) 254-6501 / ebautonj@comcast.net

ARANJ Officers

President - Rodney Krawczyk

Ace Auto Wreckers (732) 254-9816 / aceautonj@comcast.net

1st Vice President - Daryl Carman Lentini Auto Salvage (908) 782-4440 / darryl@las-parts.coms

2nd Vice President - Mike Ronayne Tilghmans Auto Parts (609) 723-7469 / tilghmans@snip.net

Past President - Bob Dirkes Dirkes Used Auto Parts (609) 625-1718 / dirkesauto@gmail.com

ARANJ

The Automotive Recyclers Association of New Jersey

Wharton Insurance Briefs

Flood insurance – Most people say, “I’m not in a ‘flood’ area.” Flood insurance covers overflow of inland or tidal waters and unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance is much more detailed than one would generally think. For example, FEMA provides flood insurance for both high and low risk properties. If you qualify as a “low risk” and/or are not in a flood zone, you can qualify for a preferred risk policy.

Contact your agent and find out: What is defined as a flood? What is insured as part of your building or contents? Is there a waiting period? Can you get “federal emergency financing” if you are involved in a flood and you haven’t purchased flood insurance?

It is an important part of an insurance program for both personal and commercial properties.

Please feel free to call me if you would like us to evaluate your insurance program’s “flood” exposure.

Mario DeFilippis AAI Vice President Wharton Insurance Group

800-221-0003 (ext. 1320) (908) 513-8588 (cell) mdefilippis@whartoninsurance.com

Co-celebrating decades of creating chemistry between two industry leaders

Here’s to 241 years of combined service excellence

This year, as Albert Kemperle Inc. celebrates its 83rd anniversary, BASF also celebrates its 158th anniversary. We are proud of our decades of partnership with BASF and years of serving the auto paint and body industry together. Kemperle’s founders would be proud of this relationship and the growth their company has experienced because of it.

Today, as we look forward to many more decades of service to our customers, we find ourselves filled with gratitude. The creativity, hard work, and sense of responsibility of the people working for our two companies have made us what we are today.

Thank you for your many years of loyalty.