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Contents
October 2020
on the
cover
Official publication of the Auto Body Association of Texas
ABAT BOARD OF DIRECTORS
BIGGER IS BETTER: ABAT Adds New Bryan/ College Station Chapter
Vice President Eric McKenzie
President Burl Richards Burl's Collision Center burl@burlscollision.com (903) 657-8082
12
By Joel Gausten
6 7 8
PRESIDENT’S MESSAGE By Burl Richards Abuse and Abandonment: The Insurers’ Newest Tactic
10
EDITOR’S MESSAGE By Joel Gausten A High Note
ABAT MEMBERSHIP APPLICATION EXECUTIVE DIRECTOR’S MESSAGE By Jill Tuggle What Plagues Us? Hint: It’s Not COVID-19
Treasurer David Osburn ozzy6384@gmail.com Executive Director Jill Tuggle jill@abat.us (817) 899-0554
ABAT BOARD MEMBERS
Bobby Beason DeMontrond Collision Center bobby.beason@demontrond.com (936) 577-2747
Robert McDorman Auto Claim Specialists rmcdorman@autoclaimspecialists.com (817) 756-5482
Kevin Ellison Westway Ford kellison@vtaig.com (972) 584-9033
Logan Payne Payne & Sons Paint & Body logan@payneandsons.net (214) 321-4362
Larry Cernosek Deer Park Paint & Body lcwrecker@comcast.net (281) 930-1539
DEPARTMENTS
14 16 18
Chairman of the Board Corey Pigg S&W Expert Collision Repair coreyp@swcollision.com (936) 634-8361
Park Place Dealerships emckenzie@parkplace.com (214) 443-8250
Chad Kiffe Berli's Body & Fine Finishes chadk@berlisbody.com (512) 251-6136 John Kopriva Kopriva Body Works jtkopriva@gmail.com (713) 923-4412
Greg Luther Helfman Collision gluther@helfman.com (713) 574-5060
Chad Neal Innovative Collision Equipment Chadwneal@yahoo.com (817) 527-2143
Manuel Rubio Miracle Body & Paint manuelr@miraclebp.com (210) 843-9564
Darrell Smith McDaniel’s Quality Body Works Inc darrell-mcdaniels@sbcglobal.net (903) 753-5391 Mike Williams All Star Collision Center sales@allstarcollision.us (903) 589-3160
PUBLISHER Thomas Greco / thomas@grecopublishing.com
ABAT MEMBER SPOTLIGHT From Bryan to the Board: A Chat with New ABAT Director Bobby Beason NATIONAL NEWS SCRS and CIC Announce November Virtual Events ASK THE EXPERT By Robert McDorman “Is State Farm Totaling Clients’ Vehicles without Inspection or Appraisal?”
SALES DIRECTOR Alicia Figurelli / alicia@grecopublishing.com GRAPHIC DESIGNER Lisa M. Cuthbert / lisa@grecopublishing.com EDITORIAL DIRECTOR Joel Gausten / joel@grecopublishing.com EDITORIAL/CREATIVE COORDINATOR Alana Bonillo / alana@grecopublishing.com OFFICE MANAGER Donna Greco / donna@grecopublishing.com Published by: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963
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TEXAS AUTOMOTIVE is published monthly and is sent to ABAT members free of charge. Subscriptions are $24 per year. TEXAS AUTOMOTIVE is published by Thomas Greco Publishing Inc., 244 Chestnut St., Nutley, NJ 07110. The editorial contents of TEXAS AUTOMOTIVE are copyright © 2020 by Thomas Greco Publishing Inc. and may not be reproduced in any manner, either in whole or in part, without written permission from the publisher and/or editor. Articles in this publication do not necessarily reflect the opinions of Thomas Greco Publishing Inc. Stock Images courtesy of www.istockphoto.com.
President’s Message
Abuse and Abandonment: The Insurers’ Newest Tactic
F
For several months now, ABAT has received complaints from members in regard to the many problems associated with insurance appraisers conducting business remotely. Obviously, the lockdown caused insurers to step up their insistence on photo estimating and reduce their number of in-person visits to shops. Although safety is an understandable factor here, there is no denying that carriers have saved millions by keeping their appraisers off the roads. At the same time, they are relying on shops to pick up their slack in administrative work – often with very frustrating results on our side. A perfect example of just how crazy it’s become with insurers is the very disturbing new trend of insurers simply abandoning vehicles at shops after these cars are deemed total losses. is practice comes at the conclusion of a long process that begins with an inadequate initial insurer estimate. I don’t use the word “inadequate” lightly, as I’ve yet to speak with an insurer that even looks up OEM repair procedures on an initial estimate. It’s impossible to write a legitimate estimate without taking the time to perform proper research. Just the other day, it took us six hours to prepare a proper repair order on a $20,000 claim. Are insurance
appraisers doing the same thing from their couches? Not a chance. Why don’t insurers take the time to look up OEM procedures to ensure they’re paying for a proper repair? Is it because it’s too time-consuming for Burl Richards their estimators? Well, it’s time-consuming ABAT President for us, too. If they want to keep dumping that work on us, then we should be getting paid to do it right. So anyway, a shop receives one of these poor initial insurance estimates and then has to deal with days (sometimes weeks) of supplements, photos and headaches until the insurer finally totals the car. en, these vehicles – especially those without much salvage value – are left at the shop. Once an insurer pays a car off at the bank, the company will inform the shop that the title is on its way. e shop is now stuck with a vehicle it wants nothing to do with – and quite possibly plenty of administrative costs accrued during this Continued on page 9
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SAME DAY ADAS CALIBRATIONS 6 October 2020 Texas Automotive
Auto Body Association of Texas Membership Application Company Name:______________________________________________________________________ Primary Contact: _____________________________________________________________________ Position: ____________________________________________________________________________ Phone Number:________________________________ Direct Line/cell: ________________________ Email: _______________________________________________________________________________ Business address: ____________________________________________________________________
Years in Business: _____________ Website: _______________________________________________ Full 2019-2020 Dues $500 ² MSO $250 per additional shop 2019-2020 Affiliate (Vendor) Dues $500 Join online at www.abat.us OR send this form to the address below Credit card number________________________________________________________________ Exp _____________________
By signing below, you agree to pay the above amount and have your credit card put on file for auto renew each year in the amount of $500 to be charged 12 months after joining ABAT. You may cancel this auto renew at any time.
Signature:__________________________________________________________Date: ____________ OR pay online at http://www.abat.us/join-abat/ or make checks payable to ABAT Credit cards are preferred but if you must send a check please submit membership dues to ABAT 1207 N. Frisco St. Henderson, TX 75652
Questions? Please contact Jill Tuggle at 817-899-0554 / jill@abat.us 7 October 2020 Texas Automotive
Executive Director’s Message
What Plagues Us? Hint: It’s Not COVID-19
C
COVID-19 may still be a part of our everyday lives, but the pity party is over. For months, I put on my creative thinking cap to try to keep ABAT both relevant and helpful to its members – and to keep myself from sitting on my hands and waiting for the pandemic to be over. Good thing, because it is far from over – and there are days that feel like there is no end in sight. I am kind of starting to forget what life was like a year ago when I took events for granted. Even a PTA meeting sounds fun right now. So, you can imagine the pure joy that overcame me when I got the phone call that we had a new chapter that was ready to do an in-person meeting. Seriously. Pure. Joy. I printed the handouts with enthusiasm, loaded my car and drove three hours both ways with the excitement of a kid on Christmas. And it did not disappoint. We had close to 40 people attend the meeting, which was socially distanced with hand sanitizers provided to attendees. People were hungry for information, relief and help. (Oh, and also for fajitas.) I sat in the Brazos Auditorium at the Hilton in
College Station and watched people nod in agreement to ABAT President Burl Richards’ presentation. They asked questions and voiced their biggest concerns. I felt the fire that once burned when seeing shops unite and stand together. Having meetings, which I had Jill Tuggle started to take for granted, was an actual ABAT Executive Director thing again. I returned home renewed, remembering why we do what we do and the fact that NONE of the issues we faced before this have changed. Those things are all still very much here, just like COVID-19. I am grateful to be a part of an organization that has fought for change and for a “cure” to what has plagued our industry for years, maybe decades. For every one shop that joins ABAT, there are three more that will say, “You’ll never win against the insurance companies,”
8 October 2020 Texas Automotive
or “Things will never change as long as [an unnamed major collision chain] is still around.� That’s kind of like having, say, a global pandemic, seeing it spread all over the world and then deciding that finding medicines to treat it, a vaccine or methods to control it are not worth it. OF COURSE, it’s a big job. OF COURSE, it will be hard. But we either push hard to fight it or lie down and die. ABAT will not take status quo for an answer. We will push the envelope. If we hit a roadblock with a government entity that is designed to help consumers, then we will push for it to do its job or change legislation to give it the jurisdiction. We will no longer let the insurance companies and backyard repairers set industry standards and rates. We will empower shops to understand their costs of doing business and recognize that the manufacturers – not the insurance companies – set the bar for how to repair vehicles. We will urge shops to work for the consumer and not the insurer. We will teach shops to fix cars properly or not fix them at all. We will teach them to fight for a HIGHLY SKILLED, HIGHLY TOOLED AND HIGHLY TRAINED industry that receives the respect and pay it deserves. That is the cure to our plague. IT IS a big job, and IT WILL be hard. But ABAT shops do not lie down and die.
President’s Message Continued from page 6
whole mess that still need to be paid. î “is isn’t a rare occurrence; it’s happening at many shops and with many insurers. When an insurer called me the other day with this scheme, I replied, “Look, I’m not a dealership. I don’t have a license to sell cars. I don’t need the title; we’re here to repair cars.â€? To make matters worse, I had one insurer representative advise that they told their insured they were going to “donateâ€? their car to my shop. I didn’t ask for that! I believe this is absolutely wrong, and I’m sure my fellow ABAT members feel the same way. If you are experiencing this problem, we at ABAT want to hear from you. î “is is a critical matter that needs to be brought to the attention of the Texas Department of Insurance (TDI) and our legislators. Although every industry is facing its own challenges this year, that does not give insurance companies an excuse to literally abandon their policyholders and abuse collision repair facilities. I look forward to hearing from our members on this issue, and ABAT will keep you posted on this issue – and our response to it – as it develops.
TXA
TXA
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burl@burlscollision.com
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Editor’s Message
A HIGH NOTE Joel Gausten Editor
I
It’s hard to believe that there are only three months left to 2020. Of course, there are plenty of people who welcome this fact with a sigh of relief. is has not been an easy year by any means, and many things about the future remain uncertain. Fortunately, ABAT has been making the best of rocky times by not only continuing to serve as a resource for the Texas industry but also expanding its membership despite the industry-wide slowdown caused by the pandemic. is month’s cover story details the recent creation of ABAT’s new Bryan/College Station chapter, an effort that was celebrated at the association’s first in-person gathering in several months. e event symbolized both ABAT’s continued growth in the Lone Star State and the first sign of a true return to normalcy for the area’s collision repair industry. At a time when good news is hard to come by, we’re delighted to share this development with our readers this month. Plans for other ABAT events are underway; we will keep you posted via Texas Automotive as they are announced.
I hope you and yours remain safe, healthy and happy as this year begins to wind down. Although the upcoming holiday season will feel different this year for a number of reasons, it will serve to remind us all of just how important our friends and families are to our lives. And while it’s still challenging at times to feel positive about the state of the industry, you can rest assured that ABAT isn’t going anywhere. As always, I encourage everyone reading this message – especially the new members from Bryan/College Station – to reach out to me if you have news to share or need resources for any aspect of your businesses. We’re always here for you. Let’s keep working together to end 2020 on the highest note possible.
10 October 2020 Texas Automotive
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Cover Story By Joel Gausten
BIGGER IS BETTER: From hosting a statewide virtual meeting months before the COVID-19 pandemic to making ABAT-branded facemasks available to members during lockdown, ABAT has always been willing to embrace and react to the changes around them for the benefit of its members. However, nothing can replace the industry’s tradition of like-minded professionals gathering in a
room to share information, common goals and hopes for the future. is was exactly what ABAT delivered on September 17, when nearly four dozen people came together at the Hilton in College Station for the first-ever meeting of the association’s new Bryan/College Station chapter. Sponsored by Tasco Auto Color
12 October 2020 Texas Automotive
ABAT Adds New Bryan/College Station Chapter (who generously provided the location and food), the ursday evening event shone a light on the importance of in-person networking and provided a long-overdue opportunity for members to attend an industry event in a brick-and-mortar setting. “It was one of the best first meetings we’ve had in a
new region in a long time,” comments ABAT Executive Director Jill Tuggle, who traveled three hours with longtime ABAT supporter Rick Gardner (Auto Tech Services, Inc.; Mansfield) to take part in the festivities. “Several people stayed after the meeting to talk to one another. Everyone really enjoyed the in-person fellowship that the evening offered. People were really eager to hear from a group that understands what they’re going through. e Bryan/College Station market is a tight-knit group, and they really showed up to participate. We’re excited to help them along the way with what they need.” ABAT President Burl Richards (Burl’s Collision Center; Henderson) felt the excitement generated by being able to directly communicate with members without the need for a computer screen. “It felt great! You could tell by the atmosphere in the room that people were glad to get together and be able to talk to each other. at’s Fortunately, the the whole point of our association.” Bryan/College ABAT scheduled the meeting after being contacted by Bryan-based Station shops now shop owner Bobby Beason, who had under the ABAT originally intended to create a new umbrella are industry group for shops in his uniquely poised region. As a way to add strength and for progress. cohesion to that mission, he contacted ABAT for assistance. Before long, plans for the September 17 meeting and the formation of a new association chapter were underway. Richards is pleased to be able to provide help to shops in the region. “We’re living at a time when the pressure from insurance companies is worse than ever. at pressure is really forcing shops to reach out to groups like ABAT because they want help, a sounding board and to be able to communicate.” In addition to giving a PowerPoint presentation on the benefits of ABAT membership, Richards shared some of his experiences as a shop owner, including how his operation has found success by thoroughly utilizing the P-Pages to better negotiate included and not-included items with insurers. He also noted that ABAT is affiliated with eight other collision repair associations throughout the country that regularly attend ABAT's Texas Auto Body Trade Show. ABAT Board member Greg Luther (Helfman Collision Center; Houston), who attended the meeting to offer support to the new chapter, was encouraged by the association’s ability to expand its reach during a difficult year. “ere’s a need for what we’re doing. [e new chapter members] hunger for a different way to do things to be more profitable. ey see their profit margins shrinking and their expenses going up. ey also
13 October 2020 Texas Automotive
Continued on page 21
ABAT MEMBER SPOTLIGHT
From Bryan to the Board: A Chat with New ABAT Director
Bobby Beason Earlier this year, 18-year industry veteran Bobby Beason looked at his market in Bryan/College Station and decided that it was time for a change. Already friendly with many shops in the region, he felt it was time for all of them to join forces to collectively address the issues and obstacles they faced. As soon as he started making calls to these facilities to gauge their interest in possibly forming a new association, he was met with an overwhelming response. But before moving things forward, Beason wanted to ensure that this new group conducted itself in a safe and organized matter. at’s when he made a call to ABAT. “Immediately, I thought there might be a problem in that I didn’t know all of the legal aspects of doing this; I wasn’t sure what we could or couldn’t do or say. ere were a lot of people who shared a common interest and wanted to do this, so that’s when I contacted ABAT and said, ‘I need some help putting this all together.’” is contact led to the creation of ABAT’s brand-new Bryan/College Station chapter, which held its first meeting on September 17. (See this month’s cover story for more details.) e gathering allowed Beason’s peers in his market to network and learn from ABAT President Burl Richards and other association representatives. Beason, who will now serve as the chapter’s representative on the ABAT Board of Directors, is thrilled to see his initial desire to foster more interaction between area shops transform into a full-fledged group that will now operate within the state association. “e meeting was absolutely incredible. e turnout was phenomenal for the first time. We could definitely tell that there
was a need for the Bryan/College Station area – and our industry as a whole – to seek additional education. ere was more information provided at the meeting that could bring value to our businesses than we could even begin to put together in a week, a month or a year. If someone couldn’t take away a few things from the meeting that could make an impact on their business, then I’d say they weren’t listening.” Beason’s new role in ABAT is the latest chapter in his life in the automotive world. After growing up doing mechanical work with his father, he initially studied collision repair in technical school as a means of developing a skill to help pay for an education in the computer science field. However, his plans changed course once he found employment as a technician at a local dealership in 2002. From there, he moved on to work as an estimator, occasional painter and dealer shop manager. After 10 years and stints at two dealers, he decided it was time to go into business for While some himself. may be apprehensive “From the very to fully embrace the beginning, I knew that I evolutions currently didn’t want to work for hitting the world of someone. I truly wanted to collision repair, control my outcome. “ Beason sees it as the ese days, Beason owns best part of the job. the Bryan-based shops DeMontrond Collision Center and Henley’s Paint & Body. e two facilities are part of a chain of DeMontrond facilities that also includes locations in Conroe, Cleveland, North Houston, Spring and Texas City. By staying connected to multiple facilities, he is able to gain greater insight into the many automotive trends and technologies impacting his profession. While some may be apprehensive to fully embrace the evolutions currently hitting the world of collision repair, Beason sees it as the best part of the job. “Staying educated and ahead of changes with automobiles, insurance companies and the industry overall keeps things interesting. Every time you turn around, there’s something new to learn. If you’re not learning new things, then you’re definitely going backwards.” TXA
14 October 2020 Texas Automotive
Russell & Smith Logging Big Paint Hours with USI Booths & Prep Station Buying a paint booth is a huge investment, and there are many factors to carefully consider before selecting one. Will the booth work well in a region where there’s a ton of humidity and with drastic changes in the weather? How long do you think the booth will last and will it require a lot of maintenance? Will your painters be comfortable using it every day and finally, will the company making the booth provide solid training and reliable customer service? To answer these questions before acquiring two Chronotech spray booths and a prep deck from USI ITALIA back in 2004, Collision Center Manager Kevin McIllveen at Russell & Smith Body Shop in Houston, TX spent six months studying the market. He was looking for the best booths that matched his needs to use in a brand-new 36,000 sq. ft. facility that the company built from the ground up. Mcllveen, age 56, entered the industry more than three decades ago as an estimator and has worked for Russell & Smith Body Shop since 1993. His goal with his new spray booths was to improve the efficiencies in his paint department and to accommodate his production, he said, while simultaneously saving time and energy if possible. The vetting process was arduous but worth it in the end. "We did our research so that we could make an educated decision," he said. "I went to NACE two years in a row and talked to literally everyone and asked a lot of questions. We knew that this was going to be a very significant investment, so we took the time to perform our due diligence to cover all our bases. We invested in their prep stations as well, which was another good decision, because my guys can work so much faster and effectively with five different places where we can spray. We put a curtain up in the prep booth that provides us two additional spaces that are heated and properly ventilated. So, when we are really jammed, we can handle the workload and maintain our cycle time without interrupting or slowing down our production." After using them for a very short time, Mcllveen could clearly see that his Chronotechs were more than capable as they quickly became a centerpiece in his new, high-end, modern shop. "We have four paint teams here, consisting of a painter and a painter’s helper and we consistently log approximately 600-700 paint hours weekly,” he said. “We switched to waterborne paint when we opened this facility because we want to provide a healthier climate for our employees and the community as a whole.” Why was Mcllveen able to improve his numbers by simply adding two USI booths? “In the end, it all comes down to their airflow because we never need blowers or additional air to cure these vehicles. The fans in these Chronotechs are exceptional because they feature variable speeds, so we can switch depending on the parameters of each job. Our painters are producing an impressive product day after day, so these booths are saving us both time and money. We paint an average of 400 cars every month, so
we push these booths and they never let us down.” Any issues that Russell & Smith Body Shop have encountered with their USI ITALIA booths have been rare and far between. But Mcllveen feels good knowing that if called upon, the company will respond and find solutions promptly. “If you do your scheduled maintenance and keep everything clean, these booths will last you 30 years and maybe even longer. The issues that we have encountered with the Chronotechs have been minor and quickly solved, which is impressive when you think that we have been using these booths daily for the last 16 years. I tell people that these booths will be here long after I’ve retired!” After training provided by USI ITALIA, Mcllveen’s painters were able to start spraying after one day, he said. "The Chronotechs are designed to work with waterborne paint, which makes it easier for our painters to do their work. After a very short time, all of our guys were comfortable and the results were consistently exceptional.” Mcllveen is also impressed by the Chronotech's sturdy construction and durability. "Some booths are just a box, but these are wellbuilt," he said. “I know, because I've seen them all and there isn't anything like a USI ITALIA booth." His career in collision repair industry has been a great experience and products like his USI ITALIA spray booths and prep station are a part of that, he said. “We haven’t had to furlough anybody here and that’s because we value our people and, in the end, our Chronotechs are part of the team.”
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NATIONAL NEWS SCRS and CIC Announce November Virtual Events
Despite the cancelation of this year’s SEMA Show in Las Vegas amidst COVID19 concerns, the Society of Collision Repair Specialists (SCRS) is pleased to announce that it will continue its decadelong collaboration with SEMA with the online delivery of its Repairer Driven Education (RDE) series in conjunction with SEMA360, an online marketplace that has been created to allow manufacturers and resellers in the specialty automotive segment to connect and conduct business. Both SEMA360 and SCRS’ RDE Series will take place November 2-6. “Education has always been a distinctive highlight of our ongoing partnership, and we are thrilled to see the innovative approach our colleagues at SEMA are taking to addressing the industry’s need for connectivity,” comments SCRS Chairman Brett Bailey. “SCRS has been hard at work with our speakers and subject matter experts in transitioning our program in a way that harnesses
the same great value the industry has come to expect from the information in our sessions.” Full Series logins for the RDE experience will now include weeklong access to SCRS’ collision repair education program. Additionally, a Full Series pass will provide greater accessibility to all employees within the repair facility for the same $375 that a single individual would have previously invested during the SEMA Show. Participating businesses will also have ongoing access to archived sessions after they have aired. More details will follow; stay tuned to scrs.com/rde for future updates. Later in the month, the Collision Industry Conference (CIC) has set November 10 and 11 for its year-end virtual meeting. Each day will run from 11am to 3pm EST via Zoom and will feature updates and presentations from various CIC committees. A special promotional code to attend the virtual meetings for free is available at ciclink.com/sponsors. In related news, CIC recently announced that Darrell Amberson, president of operations for Minnesota-based LaMettry’s Collision, has been named the forum’s new chairman. Amberson, who most recently chaired the CIC Governmental and Legislative Committee, follows outgoing Chairman Jeff Peevy (ICAR). To learn more about SEMA360, visit sema360.com or semashow.com. For more information about SCRS, please visit scrs.com. More information on CIC is available at ciclink.com.
16 October 2020 Texas Automotive
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Ask the Expert Is State Farm Totaling Clients’ Vehicles without Inspection or Appraisal?
Robert is a recognized Public Insurance Adjuster and Certified Vehicle Value Expert specializing in motor vehicle-related insurance claim resolution. As the general manager of Auto Claim Specialists, Robert expertly leads this National Public Insurance Adjuster Agency, which is currently licensed in over 25 different states and specializes in providing automotive-related claim liquidation techniques, strategies and motor vehicle valuation services to all parties, including individual consumers, body shops, auto dealers, repair facilities, towing and storage operations, lenders, finance companies, banks, legal professionals, governmental agencies and others. The firm’s consistent success can be attributed to Robert’s 35-plus years of automotive industry knowledge, practical hands-on experience and multiple certifications, including licensure by the Texas Department of Insurance as a Public Insurance Adjuster. Auto Claim Specialists clients can absolutely trust that they will be provided with analytical, sophisticated, state-of-the-art, comprehensive, accurate, unbiased and up-to-date data and information that all parties can rely upon as both factual and objective. Robert can be reached at (800) 736-6816, (817) 756-5482 or AskTheExpert@autoclaim specialists.com.
Dear Mr. McDorman: In the last few months, several of our State Farm insured clients have had their vehicles deemed a total loss even before an inspection or appraisal of the vehicle. For each of these clients, we received a fax from State Farm informing us that storage will only be paid through a certain day and that the insured will be responsible for all storage and associated charges incurred after this date. The fax further states that these charges will be deducted from their total loss settlement. Can you help me understand how State Farm is allowed to do this and what my client can do to resolve this situation? Have you experienced this situation with other clients? If so, can you share the outcome and how the situation was resolved? Thank you for your questions, which bring up a sensitive issue. Yes, we see this type of situation often. We must always look to the policy to identify the limits of liability to determine how the parties should best handle the loss. The current Texas State Farm policy booklet 9843A states the following under Supplementary Payments – Comprehensive Coverage and Collision Coverage: 2. store the covered vehicle, if it is not drivable immediately after the loss, at: (a.) any one repair facility or commercial storage facility, neither of which was chosen by an insured or the owner of the covered vehicle; and (b.) any one repair facility chosen by the owner of the covered vehicle, and we determine such vehicle a total loss.
If the owner of the covered vehicle consents, then we may move the covered vehicle at our expense to reduce storage cost. If the owner of the covered vehicle does not consent, then we will pay only the storage costs that would have resulted if we had moved the damaged covered vehicle. As we see from the policy language on 9843A, State Farm has the right to deduct any storage fees after the specified date it recognizes as the date its liability ends. However, the State Farm 9843A policy is silent as to the liability due to the collision facility associated with the disassembly of the vehicle to write a complete repair plan. This includes scanning, pictures, OEM research and other administrative costs associated with the proper inspection of the vehicle to make a safe and accurate determination of the repair or replace function of the loss. These also must be looked at and addressed. The dispute over these administrative liabilities is routinely the one we see over the loss. In situations where State Farm has not inspected nor appraised the vehicle before deeming it a total loss, we have recommended to our clients that they have the collision facility negotiate a settlement with its associated administrative charges with the insurer, including storage fees through the specified date on the notice, and get this arrangement in writing. After this process is agreed to and documented, we recommend the client make arrangements at their expense to allow the vehicle to stay at the collision facility under that facility’s care and security until an appraisal of the loss by all parties has been completed. Without an appraisal as of the date of loss, it is impossible to determine the liability. Also, in the event the vehicle should
18 October 2020 Texas Automotive
By Robert L. McDorman
be moved from one storage facility to another and additional damage occurs, the subjectivity in the loss becomes more complex and difficult to identify. In most policies in Texas, the loss dispute is subject to the Appraisal Clause when a dispute over the loss occurs. However, the State Farm policy limits the insured or insurer’s policy right of an appraisal to only the loss dispute over the actual cash value (ACV) of the covered vehicle. Appraisers shall have no authority to decide any other questions of fact, decide any questions of law or conduct appraisal on a class-wide or class-representative basis. Many of our clients who have followed the steps listed herein after an appraisal of the loss have been able to get their safely repairable vehicle repaired. The policy is clear as to the limit of liability being the actual cash value of the covered vehicle. The only way to arrive at the actual cash value is through an appraisal. The systematic valuing tool used by the carriers uses a formulated value to arrive at the undisputed loss settlement on a total loss claim. We have seen time and time again once an appraisal has been completed to define the actual cash value, the increase between that value and the carrier’s formulated value is sufficient to satisfy the policy requirements to repair the vehicle. In the cases where it does not, eight out of 10 claimants who we end up representing as clients enjoy an average increase in their loss settlement of 28 percent. The under-indemnification in total loss and repair procedure claims in Texas is rampant. Besides the higher settlements for total loss clients, we have also reduced clients’ out-of-pocket expenses an average of 35 percent on repair procedure disputes, such as the example provided here. These under-indemnification percentages are staggering and harmful to Texas citizens. The spirit of the Appraisal Clause is to resolve loss disputes fairly and in a timely and cost-effective manner. The invoking of the Appraisal Clause removes inexperienced and biased carrier appraisers and claims handlers from the process, undermining their management’s many tricks to undervalue the loss settlement and under-indemnify the insured. Through the Appraisal Clause, loss disputes can be resolved relatively quickly, economically, equitably and amicably by unbiased experienced, independent third-party appraisers as opposed to more costly and time-consuming methods, such as mediation, arbitration and litigation. In today’s world regarding motor vehicle insurance policies and frequent changes in claim management, claim-handling
policies and non-standardized GAP Addendums, we have found it is always in the best interest of the insured or claimant to have their proposed insurance settlement reviewed by an expert before accepting. There is never an upfront fee for Auto Claim Specialists to review a motor vehicle claim or proposed settlement and give its professional opinion as to the fairness of the offer. Please call me should you have any questions relating to the policy or covered loss. We have most insurance policies in our library. Always keep in mind a safe repair is a quality repair, and quality equates to value. I thank you for your question and look forward to any follow-up questions that may arise. TXA
Sincerely, Robert L. McDorman
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20 October 2020 Texas Automotive
Cover Story Continued from page 13
see their own cost of insurance go up, but what they get to charge carriers for the services they provide has basically stayed stagnant. ey’re looking for anything and everything that can help them move that needle.” Fortunately, the Bryan/College Station shops now under the ABAT umbrella are uniquely poised for progress. For one thing, their market is centrally located in the state, which will allow members in the area to maintain strong ties to larger markets that already have an ABAT presence and history. Secondly, the association plans to assist the chapter in pushing against the insurance industry’s tendency to use data collected in outside markets – Houston or Austin, for example – to determine what it will pay in Bryan/College Station. “ABAT has an opportunity right now to be a resource and something positive in the lives of the shops in this market,” Tuggle says. “We want to help them establish that they’re their own market and move forward from there.” e meeting included a presentation on the Blueprint Optimization Tool (BOT), a new repair plan assistance platform developed by the Society of Collision Repair Specialists (SCRS) and NuGen IT. e BOT is a Microsoft Windows software application that automates the print version of SCRS’ Guide to
Complete Repair Planning. e BOT application operates alongside of the respective P-Page logic estimating application and utilizes Collision Industry Electronic Commerce Association (CIECA) estimate data to analyze the original repair line information. It then generates an electronic information estimate report that identifies additional repair operations that may have been overlooked. Designed to increase efficiency by establishing consistency, the tool offers an organized means of identifying and adding missed opportunities by dynamically crossreferencing written estimates against the Guide to Complete Repair Planning. More information on the BOT (including weekly online demos of the technology every Wednesday at 1:30pm) is available at scrs.com/bot. Bolstered by a new group of dedicated industry professionals under its banner, ABAT is moving forward with greater numbers and a return to a meeting format that Texas repairers have sorely missed. It’s been a long 10 months for repairers in the Lone Star State and beyond, but better days are finally here. See page 14 to get to know new ABAT Board member and Bryan/College Station chapter representative, Bobby Beason. TXA
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