SPECIFICATIONS
Height 4’
Base Width 14.5”
Base Length 23.6”
Pulling Force (Up to 4’) Over 750lbs
973-348-9490
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
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
joe@grecopublishing.com
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 HUNTINGTON 1249 E. Jericho Tpke. Huntington, NY 11743
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JAGUAR SOUTHAMPTON 355 Hampton Rd. Southampton, NY 11968 Wholesale Direct: 631.614.7655
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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
Wholesale Direct: 516.758.5598
landroverglencove.com
I’m sure I don’t have to tell you how screwed up the world we live in is today. We are reminded of it everywhere we look. On TV, online, in the papers, in magazines, in your town, down the street…you know what I mean. Yet, every day there seems to be more and more crap that comes across our desks that not only makes us shake our heads, but sometimes want to jump out the window.
For example, a few weeks ago I heard a loud sigh from an adjoining office. I asked what was wrong and was told by my employee that they just received an email from their health provider regarding their child. Apparently, if they wanted to continue to get full access to their 12-YEAROLD’s medical records, they had to have their 12-YEAROLD sign a release form.
Now, excuse my language, but ARE YOU F#$KING KIDDING ME???? Twelve years old????
Check out some of the obscene language directed to the parents in the notice:
If your child is age 0-11, you will be granted full access to your child’s record.
When your child turns 12 years old, access is automatically transitioned to partial. If your child is age 1217, you will be granted partial access to your child’s record.
by THOMAS GRECO, PUBLISHER
When an adolescent minor consent form is completed by your child, you will be granted full access. Annual renewal is required.
Once your child reaches age 18, you will no longer have access to your child’s record.
How about the verbiage directed to the 12-YEAR-OLD CHILD?:
I want to give my parent(s); guardian(s) or person seeking access/permission to view my past, current and future care and treatment at affiliated doctors and offices.
I understand that this permission form does not allow my parent(s)/guardian(s)/person to see the following health care information related to PREGNANCY or BIRTH CONTROL, SEXUAL TRANSMITTED DISEASE (STD) TREATMENT (and other REPRODUCTIVE HEALTH CARE), ALCOHOL or DRUG ABUSE TREATMENT, GENETIC TESTING, MENTAL HEALTH CARE and/or HIV or AIDS (HIV is short for Human Immunodeficiency Virus, the virus that causes AIDS), nor access to refill prescriptions.
I understand that I can choose to send messages to my doctors and select the option that prohibits my continued on pg. 39
After an insured is in an accident, their carrier has three options: They can elect to replace the vehicle (typically in the event of a total loss situation), they can settle the claim in money, or they can elect to repair, which gives them complete control over the process. So, in a situation where the vehicle is repairable, which option do you think insurers typically choose?
Most repairers may believe that insurers elect to repair due to the way that they try to control the repair process…but that’s not true! Electing to repair allows them to take the vehicle to their shop to have it repaired, so they can dictate exactly what’s going to be done, how it’s done, what parts are used, where to buy the parts and what they’ll pay for.
But electing to repair also requires insurers to assume liability, and they’re certainly not willing to do that. Instead, they decide to settle in money, yet they try to exert control over the process by acting like they have the ability to elect to repair AND to settle in money – when that’s not the case at all!
They’ll even go as far as pulling a vehicle out of a shop to a shop where they can control everything behind the scenes. Meanwhile, between services provided and billed out plus the cost of their estimate, they wind up paying more than the repair bill would have cost them in the first place. They’re not even trying to negotiate, and it’s costing them more. It makes no sense, and I can’t explain their thought process, other than the beating will continue until the morale will improve. They are punishing and training both shop and customer to get what they want.
Insurance employees don’t care if something goes awry during the repair because they’re not actually electing to repair the vehicle; they’re not accepting liability. But they want to control everything, supposedly to
stay competitive and keep shops’ rates stagnant; just follow the money to see who’s on top. But they want to claim they’re doing it to protect the consumer – it’s all smoke and mirrors. Shops need to educate themselves to understand they’re the ones who are liable if something goes wrong, regardless of what the appraisers or adjusters are telling them. “We can’t pay for that.” “You’re the only one.” Listen…Appraisers do what they’re told because they fear for their jobs. They’re being scrutinized and punished just like the shops are, so they simply won’t pay. Half of these guys were flipping burgers a few months ago, so what do they know about repairing today’s cars? Ask the appraiser or insurance manager the last time they repaired a vehicle, researched a procedure or had any formal training through a OEM.
Carriers are hiring a lot of these kids straight out of school. It’s their first job, and the only thing they know about cars is where to insert the key. So, they’re taught to write an estimate and receive an explanation of payment guidelines. At the same time, a lot of these guys and gals actually know right from
by JERRY MCNEEwrong, so they occasionally pay for a few necessary items, only to be scrutinized on the back end and told that their numbers need to improve. The next quarter rolls around, and they get a sterner lecture; maybe, they’re even warned that their job is in jeopardy. Well, meanwhile, maybe this guy just got married, had a kid, took out a mortgage or a new car payment, and even though he knows right from wrong, he needs to appease the company paying his salary, so he’s going to concede.
Snared. Hook, line and sinker. They may know it’s wrong, but they’re going to learn to become stonefaced. They are going to acclimate to the litany: “No one else charges for that.” “This is the industry standard in the market.”
Right from wrong no longer matters because they know compliance is necessary to continue a career. And although their company refuses to elect to repair and insists on settling in money, too many shops accept the response, “I’m not paying for that,” and that hurts our entire industry.
NEW OUTING LOCATION!
TUESDAY, SEPTEMBER 19
Knob Hill Country Club, Manalapan, NJ
11:30am Registration & Lunch • 1pm Shotgun Start
5:30pm Cash Bar • 6pm Dinner
JOIN US FOR A FUN DAY OF GOLF WHILE SUPPORTING AASP/NJ!
PRICING: $195/player ($780/foursome) DINNER ONLY (NO GOLF): $60 ea.
SPONSORSHIPS: REGISTRATION DEADLINE SEPT. 10
Platinum Sponsor Package: $3,500
- 1 Foursome ($700 value)
- 2 Hole Signs ($600 value)
- Your logo on pre-event promotion
- Premium size placement on event signage
- Topmost listing in NJA post-outing coverage
Gold Sponsor Package: $2,500
- 1 Hole Sign ($300 value)
- Large size listing on event signage
- Listing in NJA post-outing coverage
Silver Sponsor Package: $2,000
- 1 Hole Sign ($300 value)
- Medium size placement on event signage
- Listing in NJA post-outing coverage
Bronze Sponsor Package: $1,500
- 1 Hole Sign ($300 value)
- Small size placement on event signage
- Listing in NJA post-outing coverage
Hot Dogs at the Turn Sponsor: $2,000
- Your name/logo included on hot dog station signage
- Listing on event signage
- Listing in NJA post-outing coverage
Lunch or Dinner Sponsor: $1,000 ea.
- Your name/logo included on signage at chosen event (lunch or dinner)
- Listing on event signage
- Listing in NJA post-outing coverage
Longest Drive Sponsor - $750
- Company name/logo on signage at contest hole
- Listing on event signage
- Listing in NJA post-outing coverage
Closest to the Pin Sponsor - $750
- Company name/logo on signage at contest hole
- Listing on event signage
- Listing in NJA post-outing coverage
Hole in One Contest Sponsor - $750
- Company name/logo on signage at contest hole
- Listing on event signage
- Listing in NJA post-outing coverage
Hole Sponsor - $300 per sign
- Company name on double-sided lawn sign
- Listing on event signage
- Listing in NJA post-outing coverage
This year’s outing is dedicated as always to the memory of Lou Scoras of Holmdel Auto Body. A portion of the proceeds from this year’s event will be put toward a collision industry scholarship fund.
FOR MORE INFORMATION OR TO REGISTER, visit aaspnj.org, scan QR code above or contact the AASP/NJ Administrative Office at (973) 667-6922 / aaspnj@gmail.com
We used to be able to pretty well predict what is going to happen next, or what might happen based on the times and issues we are facing. Well, that’s out the window these days! Being an observer and problem solver in the collision industry, I often get warning signs that something is about to happen long before it does. Shop owners and workers in the collision industry often call me on the AASP/NJ Hotline to report occurrences and to seek assistance with odd situations. I typically have a solution or a form to provide, which can usually solve the problem or at least assist in the resolution of the matter. That’s usually because these problems are recurring ones and the Hotline office has a wealth of information and answers that often cannot be found easily anywhere else.
Lately, however, and especially since the COVID pandemic, the issues and problems we have been seeing more recently are new, and often, quite unusual. In fact, some of the issues that members have been making me aware of just don’t add up. I recently received a call from a member who informed me that an insurer’s response to a request for a supplement was, “We are not coming back; we have paid all we are going to pay.” Another member reported that an insurer inspected a damaged vehicle and simply refused to pay for one item after another. I was informed that the insurer’s response was, “We don’t pay for that,” over and
Have you had a bone-chilling experience with the New Jersey Department of Banking and Insurance (DOBI)? Did their lack of concern about safe and proper repairs leave you cold with dread about how many lives could be lost on Garden State roadways? New Jersey Automotive wants to hear your horror stories! Email chasidy@grecopublishing.com to share your tale.
by CHARLES BRYANTover. When I inquired as to what the basis for this position was, I was informed that the insurer had no basis for the denial of payment other than the fact that the insurer was not going to pay.
At first, these responses had me scratching my head for a minute as I tried to figure out what law, rule or regulation had changed that would give an insurer the right to refuse to pay for certain damaged items or necessary procedures to repair a damaged vehicle safely and properly. In the past, we have run into insurers refusing to pay for one or two minor items, or not paying as much as the shop was asking to be paid, but nothing like what I am hearing now. Well, guess what? Nothing has changed that would allow an insurer to simply take a position that they had paid all they were going to pay simply because they had paid all they wanted to pay. Nothing has changed that would allow an insurer to dictate what they are going to pay, rather than negotiating an agreement with the shop of the insured’s choice. That is, however, unless the insurer had chosen the provision in the auto policy to repair the property, rather than settle the claim in money. Now, I know this statement is going to cause some confusion to many in the collision, so please allow me to explain.
Although most shop owners are not aware of it, the standard auto policy has a provision in it that allows the insurer to choose to repair the property, which means that when an insurer chooses this option they get to decide who will repair the damaged vehicle, how the vehicle will be repaired, what kind of parts will be used and how much the insurer will pay for the repairs, even including the labor rate that will be paid. In other words, the insurer basically becomes the contractor for the repairs. However, what insurers are not mentioning when they choose this option is that they become liable for negligent repairs and the cap on the policy is broken. This is why an insurer will rarely, if ever choose this option. They just act like they have and attempt to dictate what they will pay for the repairs without actually selecting the repair option. That is exactly what is taking place in the industry right now, based on the Hotline calls we are receiving on a regular basis.
Collision shops need to better understand what this is all about in order to deal with it when an insurer attempts to dictate, rather than make all reasonable efforts to negotiate an agreed price to repair a customer’s vehicle. This is required by the New Jersey regulations governing fair claim settlement practices. If you are a shop owner and a member of AASP/NJ, please feel free to call the AASP/NJ Hotline to get a better understanding of how this works and how to deal with this when it occurs in your shop. If you are not an AASP/NJ member, I would strongly suggest that you contact us immediately and become a member so you will have the information and knowledge of how to deal with this when it occurs in your shop. Remember: United we stand, divided we fall. I can be reached on the AASP/NJ Hotline at (732) 9228909, or by email at Setlit4u@msn.com. Thank you.
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AASP/NJ members are singing their praises about the association’s health care plan!
Offered exclusively to members in good standing, the plan is a win-win for all involved. Not only is it saving collision repair shops thousands of dollars in healthcare savings, but it has also led to increased association membership as businesses are joining AASP/NJ just to take advantage of the low rates and other benefits they would not have access to elsewhere.
“This is not your everyday health insurance plan,” boasts Joe Amato, Jr. of World Insurance Associates, which AASP/NJ worked closely with to develop the plan. “We have saved members thousands of dollars, while increasing their coverage. Future rate stability is something employers want and need. Typical health insurance plans can increase 15 to 20 percent in a year which forces people to increase their deductibles and copays. That is not the case with the AASP/NJ plan. It just went through an annual renewal, and the plan’s already low rates have changed only by an average of three percent, with no increased deductibles or copays!”
AASP/NJ members who have made the switch have
not only reported savings, but also the ability to offer healthcare benefits to all their employees.
“Health insurance is always a large cost, but we were able to save money while providing quality coverage to our employees,” states Tony Lake (Exclusive Auto Collision; Ramsey). “The customer service has been easy to deal with when resolving issues and handling concerns. We have had no problems with coverage or care for anyone on the plan. My agent, Nicole Lewicki, has been very helpful with adding employees and answering questions.”
“After much research, we chose the AASP/NJ Health Plan,” shares Matt Meehan (MMI Consulting, LLC). “The World Insurance team made the process of switching insurance easy. In particular, Joe Amato Jr. spent hours answering all of our questions and emails. The service and price have been excellent. I highly recommend the plan.”
The AASP/NJ healthcare plan works so well for so many because individual automotive repair businesses of any size can enroll, whether the shop has one employee or hundreds. Plan highlights include the ability to choose from two national provider networks, multiple plan design
Come spend the day with Mike Anderson of Collision Advice and his friends!
In today’s collision repair industry, it is no longer enough to just be average. You need to be extraordinary! You have to be extraordinary and deliver, not just great customer service, but extraordinary customer experience. You must be extraordinary and be the employer of choice in your area, where people don’t just love their job, but they love the organization. You have to be extraordinary in researching OE repair procedures so that you are delivering a verifiable, safe, and proper repair. You have to be extraordinary by staying abreast of the new developments in the collision repair industry, including new technologies in vehicles, and new trends affecting repairers. Remember, being average is just as close to the bottom as it is to the top. So be extraordinary!
Plus special appearances by other industry experts!
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Douglas Motors
491 MORRIS AVE. SUMMIT, NJ 07901
PHONE: 908-277-1100
FAX: 908-273-6196
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118 Morristown Road
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Thoughts of inflation, recession and rising interest rates often fill small business owners with fear, but for collision repair shops, there may be less cause for concern since this industry is better equipped than most to stand strong against economic downturns. Of course, no business is truly recession-proof, but some may resist market uncertainty better than others. Industry leaders share their thoughts on how shops can weather the economic storms and continue to thrive.
“When interest rates rise and there are fears of a recession, I recognize how easy it is to become overwhelmed with fears, but I’m not afraid,” insists Mike Anderson (Collision Advice). “While it’s obviously bad in some ways, I believe it’s also good news for our industry because there are some pros. For example, a higher interest rate makes it harder to borrow money which means fewer people can open new shops. It increases the price of admission. While we need more good shop operators, creating a barrier of entry prevents just anyone from opening a shop and offers some protection to the people who are currently in the industry and actively investing in their businesses.”
rapid public transit system. The average vehicle age and miles driven has increased, and although the industry is changing, I don’t think it’s changing to the point that it won’t be needed. Sure, we will need to modify the way we do things and learn new technology, but there are plenty of cars on the highway that need our attention.”
Since the pandemic, many shops have struggled to keep up with an overflow of work, and while that may be slowing down, repairs will always be needed. Although more people now work from home, families still rely on their vehicles to take the kids to soccer or dance practice, to travel to appointments and to attend social gatherings.
“Our cars are integral to how we live our lifestyles. That plays a lot into the consistent need for repairs, and as the economy tightens, more people opt to repair their cars instead of buying new,” points out Rachel James (Torque Financial Group). “Looking back at the economic changes the industry has experienced over the years, the only real constant is change. The economy isn’t stagnant; there’s economic uncertainty every day. But shops are used to changing and adapting. If you get a run in your paint, the painter knows there are tools to fix it. Having a solid financial plan is a tool that every business needs, no matter the current economic situation.”
Economic uncertainty may also benefit automotive and collision shops due to its impact on the workforce. James even suggests a downturn could present new opportunities for shops to address their current workforce shortage.
“With companies announcing closures of locations all across the country, the employment structure is weakening which means qualified professionals will be looking for new opportunities. This offers our industry a chance to attract customer service representatives and other skilled talent to repair and collision shops.”
Maylan Newton (Educational Seminars Institute) agrees that “the transportation industry has survived very well during every past recession. Even during the height of the pandemic, repair shops remained busy because people wanted to isolate themselves in their own mode of transportation. In the US, we are very transportation dependent, and few places have a reasonably clean,
While economic downturns are typically viewed negatively, they also offer some benefits, according to Rick White (180BIZ). “This is a chance to realign and correct the economy when prices spiral out of control. It also offers a chance to ‘discover who’s swimming naked,’ as Warren Buffet said. A lot of activity hides a lot of sins in sales. Poor performance at the front counter can still be profitable if I have enough people coming in, but when the tide goes out, those shortcuts are glaringly evident without the activity to hide them. Slowing down gives us a chance to step back, return to the basics and correct our actions.”
Even when vehicles advance to the Jetson-age of flying saucers, they’ll still need us to fix them.
It’s up to you if you’re going to be prepared for that future or if you’re going to give up now.
No matter how difficult it may be, a key to ensuring your business continues to thrive during an economic downturn is maintaining positivity.
“If it’s all doom and gloom, why are so many consolidators buying up shops?” Newton asks. “Venture capitalists are making huge investments in MSOs and software companies, and they wouldn’t do that if they didn’t believe there was a return on investment. We’re a vital industry, so we should be going to work excited, with a good attitude. Be optimistic about the future! Yes, we’ll need to learn about electric vehicles and how to work on alternatively fueled cars, but we’ve been learning for over 100 years. We started as blacksmiths, and now we’re working on complex machines. Even when vehicles advance to the Jetson-age of flying saucers, they’ll still need us to fix them. It’s up to you if you’re going to be prepared for that future or if you’re going to give up now.”
“Shop owners need to keep their heads and maintain a positive mindset because how you show up in business has everything to do with how the business will go,” White agrees. “You may need to work harder, but recognizing there’s still opportunities to take advantage of is better than believing it’s going to get slow. Thoughts dictate actions, so when you accept that negative change is coming, you
stop working as hard; your negative thoughts allow you to spiral and reinforce that negativity. But positive thinking helps you work harder and make good things happen.
“When things go well, we unconsciously expect them to stay that way, and when they go sideways, we fear they’ll stay that way,” he continues. “But neither is true. In reality, there are seasons to business: We plant and grow in spring, nurture in summer, harvest in the fall and then recharge and reset every winter. And if you’re prepared for those cycles, it can be pretty amazing. Jim Rohn has a great lesson on thinking like an ant…never quit, focus on gathering all you can, think winter all summer and think summer all winter. Your economy lives in the six inches between your ears, and when you’re approaching the unknown, recognizing that you control your mindset and your mindset controls your outcomes can make all the difference in the world.”
So, what are some of the opportunities that exist, and how can shops take advantage of them? How can advancing technology work to shops’ benefit, and how can shops navigate increasing expenses? Stay tuned to next month’s New Jersey Automotive as these leading industry experts provide more guidance.
From electric vehicles (EVs), ADAS and diagnostics to OEM certification, DRPs and consolidation, the future of the collision repair industry is rife with challenges for shops that want to remain competitive amidst these never-ending changes. Retaining employees has become even more important than attracting clients, but simultaneously, no business can be successful without maintaining a superior level of customer service. So, how can auto body facilities navigate the myriad aspects of the business to become a “shop of the future?”
AASP/NJ President Jerry McNee shares his thoughts on some of the industry’s most pressing topics with New Jersey Automotive readers.
New Jersey Automotive: How big is the EV wave going to be? How much of that wave is already here? Is the industry ready for this in terms of getting proper training from the OEMs, I-CAR, etc.? What are the major training resources now and planned for the future? What new safety concerns do they present to technicians? Will shops need to be specialized/ certified to properly handle EVs?
Jerry McNee: Looking at the recent data, Tesla increased sales 41 percent while every other OE has negatively dropped in sales. Then there are new EV companies, like Rivian and Lucid…EVs are here. Is the industry ready for this in terms of getting proper training from the OEMs? No! Unless it’s
mandatory, most shops will not follow through, invest or qualify. I-CAR training would be the simplest path for a shop if offered online, but again, if a shop has to travel for hands-on training, it probably will not happen unless it’s mandatory. But this isn’t any different from what is currently taking place now.
Training resources include OEM hands on training, OE certification, I-CAR, and shops can also look to their local equipment vendors because most offer in-person, hands-on training for proper use of the equipment and tools. There are lots of safety concerns for technicians associated with EVs, including death, fire and electrocution. I recently heard of a paintless dent repair (PDR) tech who was electrocuted, and there was another death from an airbag deployment. Our employees’ safety should be our number one concern, and this all comes down to personal responsibility and proper training. Face reality and know your limitations! I 100 percent believe shops will need to be certified to handle EVs. This is no longer a mom-and-pop business. We need to explore capital investments and embrace our responsibilities which includes understanding limitations instead of grabbing everything that comes to our door because we’re afraid to give up a repair. Not everyone can be everything.
NJA: How much of a player will OEM-certified shops be in the future? Are they going to replace DRPs? What do shops
“
Over my career, I have seen many shops just hire a body, but when we do that, there’s nothing to keep them engaged other than a paycheck!
most need to do to become certified – and maintain that certification down the road?
JM: My opinion is that OEM certification should be the only way. OEs want properly trained and equipped shops to repair their brands. Without parts restrictions, it will limit shops from making the investment in training or equipment. Whether they are going to replace DRPs is a great question…I would like to think so because it’s necessary to meet the OE standards of repair. Most DRPs are limited because insurance managers are only concerned with reducing the cost of repairs at any cost. What do shops most need to do to become certified –and maintain that certification down the road? In terms of obtaining and maintaining certification, it depends entirely on the size of the shop or the number of certifications. For starters, it will require a full-time employee to maintain and monitor all requirements, tooling, training, equipment logs, audits, gap reports, etc. This is not a one-and-done activity; it is an ongoing, ever-changing road tied to training paths and recertification and it involves multiple employees. Most importantly, shops need to question if certification is the right fit for their business model.
NJA: Where is the industry headed when it comes to the scan tools needed to perform diagnostics? Are non-OEM-approved tools going to be enough? Where does the insurance industry come into play?
JM: This is a never-ending rabbit hole, and there isn’t one tool that covers them all. Every OEM has a list of required tools and equipment with mandatory tooling updates. Non-OEM-approved tools are absolutely not going to be enough! Nothing will take the place of OE requirements. The insurance industry shouldn’t come into place because it’s the repairer’s responsibility to perform a safe and proper repair. The insurer’s job is merely to indemnify the claim for a safe and proper repair. OE repair procedures can’t be ignored; we can no longer repair vehicles as we have done in the past, and the simplest of tasks can’t be overlooked.
NJA: How prevalent will consolidation be down the road? Are we going to see a bigger wave in your market in the future?
JM: Consolidators and equity investors are on a quest to buy as many shops as possible because they see our
industry as recession proof, with a guaranteed book of insurance business. It’s about gross sales; it’s a numbers game. It’s hard to say whether we should anticipate a bigger wave of consolidators coming to New Jersey in the future…Consolidation may not be as big here as in other parts of the country since East Coast shops and properties tend to be on the smaller side, but I do see them growing throughout the state. It’s sad to say, but insurers will bump them to the top of their DRP programs.
NJA: How will consumer marketing need to change in the future? How will our efforts to educate consumers in the future differ from what we’re doing now?
JM: Education is vital. Consumers need to know who they’re hiring, whether that’s their shop or an insurance company. They need to know the OE level of safety in place and the reason behind it. We have no choice but to honor our commitment to our customers, our level of service and certifications by showing that we have their best interest at heart, even behind closed doors. We must repair their vehicle as per manufacturer’s requirements safely and properly. We need to own our market. Take note of how well the insurers market, but can you run your business on false promises? Shops can be successful by honoring our promises.
NJA: What will shops need to do to attract and retain young employees in the future vs. what worked in the past? What role does shop culture play in employee retention?
JM: Looking to the future, especially in terms of attracting and retaining employees, will require shops to focus on a number of things: OEM certifications, culture, family environment, team building, retention, educational growth, mentoring program, a clear career path, 401(k) plan, company match, health insurance, vacation time, PTO, team building events outside the workplace… this a corporate business, and employees need to feel appreciated. Over my career, I have seen many shops just hire a body, but when we do that, there’s nothing to keep them engaged other than a paycheck! We have to lead by example by running a professionally, properly equipped facility with fully engaged employees…a corporate run business with proper leadership.
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A verdict coming out of Texas, which ruled in favor of a policyholder in a fight against an insurance giant, is gaining national attention.
A Rusk County District Court jury recently gave State Farm a quarter million reasons to be a better neighbor to its policyholders when 12 Texans found the insurance giant had knowingly or intentionally engaged in unfair and deceptive acts or practices in Joseph Wayne Collins v. State Farm Mutual Automobile Insurance Company, awarding the plaintiff $248,517.59!
Collins’ journey to this decision began over three years ago when he took his 2009 Toyota Tacoma pickup truck to Burl’s Collision Center (Henderson, TX) to repair hail damage. Although the vehicle owner wanted the truck repaired, State Farm declared it a total loss and initially offered $13,450 for the truck, until Collins invoked the Appraisal Clause and hired Robert McDorman (Auto Claim Specialists) who determined the vehicle had been undervalued, causing the insurer to increase the actual cash value to $16,100.
“State Farm was taking advantage of our mutual client, their insured,” noted Burl Richards, owner of Burl’s Collision Center and president of the Auto Body Association of Texas (ABAT). When the insurer retrieved the Toyota Tacoma from the shop, they reimbursed Burl’s in the amount of $1,751.96 for a number of charges, including blueprint fees – an amount that was later “wrongfully deducted from the proceeds due and payable under the policy,” according to a court document.
The insurer paid Collins $15,398.05 for the totaled vehicle, refusing to compensate the vehicle owner for the deducted amount. After Collins’ attempts to reason with State Farm proved unfruitful, he decided to take civil action and retained attorney Rusty Phenix (Phenix & Crump, PLLC).
“The vehicle was repairable, but when the cost of repairs started increasing, State Farm totaled the truck,” Phenix recalled. “State Farm routinely uses an algorithm that undervalues these vehicles, and then the insurer uses a constructive total loss formula to declare vehicles a total
loss when the repairs reach 70 percent of what State Farm claims to be the actual cash value. The total loss formula in not in the language of the insurance policy.
“After the Appraisal Clause was invoked, the ratio of repairs to actual cash value decreased to 62.29 percent, but State Farm still refused to repair the vehicle,” he added. “A month after it arrived at Burl’s, the insurer retrieved it and compensated the shop for the repair fees associated with the claim.”
Learning of this, Collins and McDorman reached out to a State Farm adjuster who promised that the amount paid to Burl’s Collision would not be deducted from the insured’s settlement. “State Farm said they weren’t going to make any deductions, but they did it anyway,” Richards noted. “The insurer elected to do the wrong thing every step of the way. They took $1,750 out of the client’s settlement, but the bigger error was that the vehicle should have been repaired as evidenced by the fact that the truck was sold at auction with a clear title. This whole thing could have been avoided if the vehicle had just been repaired in
the first place like it should have been.”
When Joseph Wayne Collins v. State Farm Mutual Automobile Insurance Company was heard in the Fourth Judicial District Court of Rusk County, 10 of 12 jurors found that State Farm had failed to comply with its policy agreement and that State Farm knowingly and intentionally engaged in unfair and deceptive practices. The jury awarded over $175,000 in additional damages against State Farm for its knowing and intentional conduct. When combined with court fees and the original under-indemnification, resulted in a total jury verdict of $248,517.59.
“The jury determined that State Farm had unfairly withheld money owed from their policyholder’s settlement and knowingly engaged in wrongdoing,” Richards stressed. “Those jurors made a statement through their jury verdict: insurance companies need to take care of their policyholders.”
AASP/NJ President Jerry McNee agrees. He sees the verdict as a move in the right direction as insurers have been abusing the rights of policyholders and auto body shops for far too long.
“The insurance companies cannot be judge, jury and executioner,” McNee lamented. “If they think this industry so easy, they should open their own shops. They have made a promise to their customers – the policyholders – to indemnify them for their claim. They are not forthcoming; they are not truthful with them when they buy their policies, especially in a case like this, where money was deducted from the settlement – harming the consumer. How many times have they gotten away with this?”
Richards believes the jury verdict is a “big deal to us and our customer, but it’s not about the money; it’s about making change and hoping insurers will start treating people right. Mr. Collins felt like this was something he needed to pursue from a moral standpoint. It means a lot to have customers who are so passionate about doing the right thing and standing up against bullies like State Farm.”
“Joe didn’t do this for the money,” Phenix agreed. “He did not want to see this happen to other people, so he did his part to put a stop to it. Joe Collins is a hero. The problem is that the insurer’s computer systems which control all these claims are set up to ensure the insured loses at every phase of the claims process. The insured is under-indemnified, while the insurance company retains their profit. And it will keep happening unless more good people stand up, object to this wrongdoing and refuse to stand for it. This turns into a game that consumers cannot win unless we’re willing to change the system.”
Phenix believes change will happen case by case in the court “with 12 citizens rendering a verdict. That’s where the power lies unless legislators or the Texas
continued on pg. 30
continued
Department of Insurance decide to take action. Until these unfair practices become less profitable than doing the right thing, they’re going to continue.
“When the insurer makes $3,000 to $5,000 per claim using these tactics, a $100,000 case here and there may not change anything. But if we have a whole bunch of those – or perhaps something much larger – we might see some change,” he added, promising that there are more cases to come. “This is not the last one. We’re not finished yet; I’m passionate about consumers being treated fairly and plan to keep championing this cause. And the people
on the jury were certainly interested in seeing some change.”
Richards believes this case is a step in the right direction: “We constantly file complaints with the Texas Department of Insurance (TDI) and tell them that insurance companies shouldn’t be making these types of deductions, but this issue has been going on for years. Each complaint yields the same generic letter that TDI doesn’t make these decisions; it’s up to a finder of fact to determine what’s fair and reasonable. Well, that’s exactly what happened here. A district judge and the jury – finders of fact – felt like this award was warranted. I feel really vindicated by their finding.”
And Phenix intends to keep fighting the good fight. “The more we dig and the deeper we go, the more problems we see…the more cancer we expose. The insurance industry implements so many schemes, but we’re finding different ways to utilize their systems against them each time we dive deeper into these cases. It’d be nice to go back to the days when insurance companies dealt in good faith, but as long as filing a claim remains an adversarial process, we’ll fight to protect consumers from these egregious actions.”
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The pandemic itself may be largely behind the collision repair industry; however, its lingering side effects may have left deep enough scars that won’t fade anytime soon.
Parts delays is one issue which came about predominantly due to pandemic-fueled supply chain issues. The way things stand today, not much has really changed or improved. In many cases, waiting for parts is now routine for collision repair shops. Same goes for the parts suppliers, whose job as the middlemen between the manufacturers and the shops has also evolved. As some local experts explain to New Jersey Automotive, there is much more hand-holding – not to mention aggravation –than ever before.
“Since the COVID pandemic, I now get 10 times as many phone calls regarding locating parts than I ever did before,” reports Mike Kaufmann of the Mike Kaufmann Dealer Group. “Ford, Chrysler and General Motors’ warehouses are shorthanded, probably at 70 percent.
Backordered parts normally would be at a 90-percent fill rate, but it’s actually at 60 percent. The problem stems from top to bottom. The companies that make the parts are short-handed; the warehouses are short-staffed. All of the ‘Big Three*’ have said they don’t even have enough trucks to deliver the items.” Kaufmann adds that the situation seems a bit better with Japanese OEMs, such as Toyota and Nissan, who report being back to about a 95-percent fill rate.
Ciocca Parts Warehouse Wholesale Parts Director Howard Meeks sees improvement since the pandemic began, but back order issues and significant supply chain problems continue to crop up.
“Usually, we aren’t forewarned, so it could be any product line so that’s the problem,” he explains. “It’s not like it’s one thing; it generally goes across the board from sheet metal to mechanical to just basic items we sell every day. The manufacturers are still struggling with ETAs. For us, obviously our customers want to know when they are going to get the part, but it’s a struggle to get an accurate
ETA from most of the vendors and that creates a big problem. We can tell a customer we’ll have a part in by the end of the month, but that can get delayed another two weeks and now it’s another month out. It’s frustrating for us because we can only give them the information we receive, and I know it’s frustrating for the customer, for sure.”
Rick Weber of Maxon Buick-GMC-Hyundai shares a similar point of view.
“Things are better, but they have not returned to preCovid levels,” he shares. “It’s not nearly as bad as it was at the height of the pandemic, but we are still seeing a backlog. Several pages of backorders are not abnormal, and it’s always the same part numbers. Cars are down for weeks as we try to obtain the parts necessary to fix them. Unfortunately, we have to be the bearer of bad news because we are at the control of the supplier, and the suppliers have not been so great. It’s gotten better but it’s still very difficult to do business.”
The frustrations may not be ending anytime soon, but
suppliers are beginning to hear less complaints as shops seem to have been accustomed to delays being a normal part of today’s business operations.
As discussed last month (grecopublishing.com/ new-jersey-automotive-july-2023), shops seem to have resigned themselves to this being a new part of doing business and are finding ways to work around expected parts delays.
“Shops are accepting it,” suggests Kaufmann. “They are used to it now. What they really want to know is when a part will come in, but there is no ETA. I can get as many as five calls a day to locate parts. Even though the dealership tries to locate the part, if they can’t find it, shops call me to try to find it. I’m doing the same thing the dealership is, but the shop may trust me more as the middleman. But it’s not the dealer’s fault if they can’t locate a part.”
Although body shops may be holding on to their parts suppliers’ hands tighter than before, some see a difference in the way the overall dynamic between shops and suppliers have changed as the “new normal” came about.
“The relationship has changed,” Weber admits. “Everything is internet driven. If I don’t have the part - or if it’s not the right part - someone is going to get it from someone else. That is the way business is right now. Everything is pretty much profit-oriented, and we are a capitalist society, so that’s the way things are. We do the best we can and sometimes it’s beyond our control.”
“I do think shops are more patient now and I think they understand it better,” Meeks recognizes. “Before it was a one-off; now it’s a little bit more of a practice we deal with every day. I think it’s become more normal to them and then obviously more normal for us.”
Ciocca Parts Warehouse is being proactive about ongoing parts issues.
“We are putting together a position that we have never done before here,” Meeks explains. “It’s just for procurement, looking for backorder parts and things that we can’t get from the manufacturer, to see if we can locate them through another dealership or directly through a vendor. We are investing into trying to alleviate some of the problem. It’s a position that we never would have thought to take on before all this.”
In this ever-changing industry, the only solution may just be to adjust and roll with the times. Weber sums it up best: “The business has changed dramatically in the 40 years since I’ve been doing it; the only thing that doesn’t change is change. If we don’t evolve and follow the trends, and change the way we do business, then we will fail. The businesses that evolve and learn that this is the new normal will be the ones who do well and be successful.”
*At press time, there are currently talks of the United Auto Workers preparing to launch a strike against the “Big Three” US auto makers. New Jersey Automotive will continue to follow this story and will report on developments in an upcoming next issue.
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You may be putting all your assets at risk by responding inappropriately during a heated employee/employer conversation! You can obtain insurance coverage for this exposure. However, your best Risk Management practice is to “Think before you respond.”
I recently read an article that stated executives at as many as half the firms surveyed in a recent poll said it was likely that an employee may sue them, their board members and their companies and/or lodge an Employment Practices complaint with federal or state authorities. And nearly one-third believe that an allegation or actual case of wrongful termination, discrimination or harassment has the potential to inflict financial or other serious damage to their company. Employment Practices Liability Insurance provides you and your company with coverage for this type of exposure. Limits vary and some companies offer a policy for as low as $1,000. Completion of a one-page application can secure quotes within a week. As always, we are here to give you more information about these issues.
If you have any questions or would like to obtain a quote, please contact me.
continued from pg. 10 parents(s)/guardian(s)/person from having the ability to view the messages.
I mean, so what if most 12 year olds have to be reminded to brush their teeth or put on deodorant? They are surely mature enough to make the decision to prevent their parents from accessing their medical records. Right?
Now I realize, in this wonderful society we live in, that parents are no longer looked on with respect, and or, as decision makers. Because, of course, the State or the Feds or the school boards all know what’s best for OUR kids. Right? They should all have the power to overrule parents on just about everything these days. Right?
As my co-worker said:
“The world has gone batshit insane!”
As I see the world change, it does make me angry and sad. But not so much for me. My generation had it better than all who came before us. And I truly believe that’s because many of us had parents or relatives who lived through the Depression and World War II. They worked their asses off and lived through horrors we couldn’t imagine and made sure we’d never have to. But my kids and their kids, my co-workers and their families, they don’t have that protection. They are the ones whose future is being regulated, manipulated, controlled, censored and asphyxiated by a society that believes only one way is right (whether left or right, it doesn’t matter). And their way has to be imposed and deferred to or else you will be left out in the cold, without a chance to prosper. Without a chance to speak out. Without a chance to have a say. Without a goddamn chance to see our 12-YEAR-OLD’s medical records.
Is this the world we want to leave for our kids and grandkids?
It’s getting late. We’d better figure it out soon.
continued from pg. 16
options (including low and high deductible plans, different office-visit copay options and also health savings accounts), Teledoc service with access to providers 24/7/365, online access to claims information and ID cards and so much more!
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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.
