New England Automotive Report February 2026

Page 1


COLONIAL NISSAN

104 Mystic Avenue

Medford, MA. 02155

Phone Number: 781-395-3025

FAX Number: 781-475-5063

CITY SIDE SUBARU

790 Pleasant Street

Belmont, MA 02478

Phone Number: 617-826-5013

FAX Number: 617-489-0733

NORTH END SUBARU

757 Chase Road (Rte 13) Lunenburg, MA 01462

Phone Number: 877-289-0053

FAX Number: 978-582-9843

COLONIAL CHRYSLER JEEP DODGE-RAM

24 Coolidge Street (Rte. 62) Hudson, MA 01749

Phone Number: 978-568-8000

FAX Number: 978-562-1213

COLONIAL HONDA OF DARTMOUTH

225 State Road (Rte. 6)

Dartmouth, MA. 02747

Parts Direct: 508-997-2919

FAX Number: 508-730-6578

COLONIAL FORD OF PLYMOUTH 11 Pilgrim Hill Road Plymouth, MA 02360

Phone Number: 800-233-8109

FAX Number: 508-830-1658

COLONIAL FORD OF MARLBOROUGH 428 Maple Street

Marlborough, MA. 01752

Phone Number: 888-460-1125

FAX Number: 508-460-3464

COLONIAL SOUTH CHRYSLER JEEP DODGE-RAM 42 State Road (Rte 6) Dartmouth, MA 02747

Phone Number:

508-984-1900

FAX Number: 508-996-5801

COLONIAL CADILLAC

201 Cambridge Road Woburn, MA. 01801

Phone Number: 781-935-7009

FAX Number: 781-933-7728

COLONIAL VOLKSWAGEN

89 Turnpike Road (Rte. 9) Westborough, MA 01581

Phone Number: 888-322-6570

FAX Number: 508-616-0445

COLONIAL VOLKSWAGEN OF MEDFORD 162 Mystic Avenue Medford, MA. 02155

Phone Number: 781-475-5200

FAX Number: 781-391-3506

WELLESLEY VOLKSWAGEN 231 Linden Street Wellesley, MA. 02482

Phone Number: 800-228-8344

FAX Number: 781-237-6024

Contact: Dan Bettencourt / Wholesale Parts Manager

NORTH END MAZDA

757 Chase Road

Lunenburg, MA. 01462

Phone Number: 800-322-1241

FAX Number: 978-582-9841

COLONIAL SOUTH CHEVROLET 361 State Road (Rte. 6) Dartmouth, MA 02747

Phone Number: 508-996-6266

FAX Number: 508-979-1219

COLONIAL CHEVROLET 171 Great Road Acton, MA 01720

Phone Number: 800-787-2787

FAX Number: 978-263-8587

COLONIAL WEST CHEVROLET 314 John Fitch Highway Fitchburg, MA. 01420

Phone Number: 978-345-5532 FAX Number: 978-345-1152

GENUINE NISSAN PARTS MAKE ALL

Only Genuine Nissan Parts deliver the fit, reliability, and performance to meet your shop’s collision repair needs. So keep it original, and keep it real with Genuine Nissan Parts.

Contact these Nissan dealers for all your parts needs:

Mastria Nissan

1305 New State Highway

Raynham, MA 02767

Direct: 508-526-9173

Direct Fax: 508-802-6118

E-mail: parts@mastrianissan.com Web: www.mastria.com

Kelly Nissan of Lynnfield

275 Broadway

Lynnfield, MA 01940

Toll Free: 800-698-9280

Fax: 781-598-8026

E-mail: dlacoste@kellyauto.com

Kelly Nissan of Woburn 95 Cedar Street Woburn, MA 01801

Phone: 781-835-3510

Fax: 781-835-3580

E-mail: mbosma@kellyauto.com www.kellyauto.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169

Toll Free: 877-707-8475

Balise Nissan of Warwick 1350 Post Rd. Warwick, RI 02888

TOLL FREE: 800-992-6220

FAX: 800-254-3544

wparts@baliseauto.com

www.BaliseWholesaleParts.com

One Call, One Truck for 14 Brands!

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.

Mattie Volkswagen 80 William S. Canning Blvd. Fall River, MA 02771

800-678-0914

fax: 508-730-1283

Lia Volkswagen 140 Elm Street Enfield, CT 06083

860-698-6890

fax: 860-265-7840 www.liavw.com

Volkswagen of Hartford 133 Leibert Road Hartford, CT 06120

Direct Parts: 860-543-6012 fax: 860-728-4408 email: ebautista@vwofhartford.com

Balise Volkswagen 525 Quaker Ln. West Warwick, RI 02893

TOLL FREE: 800-992-6220 FAX: 800-254-3544

wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for 14 Brands!

Mastria Volkwagen 1619 New State Highway Raynham, MA 02767

Toll Free: 888-581-1146

Direct Parts: 508-802-9955 fax: 508-802-9966

email: vwparts@mastria.com www.mastriavw.com

“Volkswagen“ and the Volkswagen logo are registered trademarks of Volkswagen AG. ©2026 Volkswagen of America, Inc.

PRESIDENT’S MESSAGE

6 | New Year, New (Renewed) Name: Guiding the Way of the Massachusetts Collision Industry in 2026 by Matthew Ciaschini

EXECUTIVE DIRECTOR’S MESSAGE

8 | Look in the Mirror by Evangelos “Lucky” Papageorg

24 | Connecting the DotsNew EnglandAutomotive Report’s 2025 Survey Results by Alana Quartuccio

10 | MABA Spring General Membership Meeting Information

14 | Progress Without Consistent Process: Another Fiasco at the ADALB by Chasidy Rae Sisk

18 | Labor Rate Board’s Work is Done; Collision Repairers Await Next Steps by Alana Quartuccio

34 | Are You Violating 93A with Every Repair? Compliance Is Not Occasional –It’s Everyday by Sean

New Year, New (Renewed) Name: Guiding the Way of the Massachusetts Collision Industry in 2026

As we welcome 2026, I’m excited to share some big news: AASP of Massachusetts is now the Massachusetts Auto Body Association (MABA). This isn’t just a rebranding; it’s a return to our roots! MABA is a name with history and clout, one that says exactly who we are: Massachusetts collision repair professionals, united.

Our core mission hasn’t changed. We’re still here to advocate for consumers, support repairers and serve as the united voice of our industry. MABA’s legacy stretches back decades, built on shop owners supporting each other. As past president Ed Nalewanski recalled, when shops gathered each month, “we weren’t competitors; we were business owners helping business owners.”

That camaraderie is our foundation. With a proud name and an unwavering mission, MABA will keep being the guide Massachusetts shops can count on.

The Fix in 2026: Putting Customers First

What is “The Fix in 2026”? It’s our commitment to refocus on what truly matters: the customer. The fix for our industry’s challenges lies in putting the customer first and giving them what they deserve, which is the safest, highest-quality repair possible.

Let me be clear: We are not in the insurance business. We’re in the collision repair business. Our customer is the vehicle owner – the person who drives that car, loves that car and relies on that car every day. The insurance company is not the customer. Their role is to indemnify the vehicle owner for their loss, nothing more. Our job is to restore the vehicle to its proper, safe condition

STAFF

PUBLISHER

Thomas Greco | thomas@grecopublishing.com

VICE PRESIDENT/SALES DIRECTOR

Alicia Figurelli | alicia@grecopublishing.com

EDITORIAL DIRECTOR

Alana Quartuccio | alana@grecopublishing.com

OFFICE MANAGER

Donna Greco | donna@grecopublishing.com

PRODUCTION COORDINATOR

Joe Greco | joe@grecopublishing.com

SENIOR CONTRIBUTING EDITOR

Chasidy Rae Sisk | chasidy@grecopublishing.com

PUBLISHED BY: Thomas Greco Publishing, Inc.

244 Chestnut Street, Suite 202, Nutley, NJ 07110

Corporate: (973) 667-6922 / FAX: (973) 235-1963 www.grecopublishing.com

@grecopublishing

in accordance with OEM standards, with the customer’s safety at the forefront every time.

Putting the customer first means doing right by them, always. It means having honest conversations about the repairs their car needs, even when those conversations are difficult. We all know how often insurers try to insert themselves into repair decisions, pressuring shops to cut corners or “negotiate” on critical procedures. But the path forward isn’t found in endless arguments with “appraisers.” The real path forward is through educating our customers. This education empowers them to advocate for themselves and their repair.

When the person who owns the car understands why a particular procedure is necessary for their safety or why we refuse to use knock-off parts, they become our allies. It always starts with the customer. Once they’re fully informed and empowered, they can push back on the insurer, and that’s when the real magic happens. By making it clear that “I work for you, the vehicle owner,” we shift the power dynamic. Suddenly, the insurer’s approval isn’t the ultimate decision-maker of a repair; the customer’s well-being is.

Taking this approach isn’t easy. It takes guts, time and sometimes a willingness to risk losing a job if a vehicle owner won’t stand up for the proper repair. But doing the right thing is always worth it. Shops that build a reputation for putting safety and integrity above all else earn loyal customers, trust in the community and better business success. People recommend the

P.O. BOX 850210

Braintree, MA 02185

Phone: 617-574-0741

Email: admin@massautobody.org

Be a Part of the Fix in ’26! Join MABA Today!

Membership Application 2026-2027

Please complete this form and return to our office via mail or email with your dues payment. Thank You!

BUSINESS INFORMATION

Massachusetts Shop Registration # __________________

Company’s Official Name:

Business Physical Address:

Business Mailing Address (If Different):

Total number of Staff (Techs, office, Mgrs)________

Telephone Number: ( )- -___________ Fax: ( )- -

DUES STRUCTURE. Collision Shop Annual Dues: $650 / 12 Months*

PRIMARY BUSINESS CONTACT

Name: _________________________________________________

Email: _____________________________________________

As a member in good standing, your shop WILL BE listed on our website Click here � if you do not want your shop listed on our website map for potential customers to find you. If you have any questions about this benefit, call (617) 574-0741, ext. 1.

Yes � Please send me information regarding the following MONEY SAVING BENEFITS: � Healthcare plan � Dental, Vision plan � PFML savings program � Credit card processing � Grant writing/training � Google presence optimization � All benefits

PLEASE ENCLOSE PAYMENT WITH YOUR MEMBERSHIP APPLICATION

Check# : ____________ (IF collision shop please note your RS# on the memo line of the check) OR CC #: ______________ EXP: ________/___________ CID: _________________

Billing Address: ____________________________________________________________________________________________________________

Name On Card: _____________________________________________ Signature: _____

Check here � to opt out of auto renewal using this credit card information for future renewal

Note: A 4 percent convenience fee will be charged for membership renewal via credit card transaction . I hereby make this application for membership with the Massachusetts Auto Body Association (MABA) for membership dues 2026-2027 as provided for in this contract.

*Membership Dues are for a 12-month period commencing on your anniversary month of membership.

REV 1/26 REFERRED BY _________________________ COMPANY_______________________________

SCAN TO JOIN!

Look in the Mirror

On the heels of the Auto Body Labor Rate Advisory Board’s report and as we move into the second month of Being a Part of the Fix in ’26, it is critical that the Massachusetts collision repair industry not only maintains relentless pressure – but intensifies it. We must continue to expose the lopsided control exerted by the insurance industry in its ongoing effort to artificially suppress the labor reimbursement rate paid to vehicle owners.

Be sure to carefully read that again, and let it sink in: This is the labor reimbursement rate paid to the vehicle owner

It is not a labor rate set or mandated by the Commonwealth of Massachusetts. It is not a statutory cap or maximum rate that a properly licensed, qualified collision repair facility may charge. And it is not a rate established by insurers – despite how aggressively and misguidedly they may at times attempt to represent it that way via their “prevailing rate” portrayal.

So, who actually sets the labor rate that qualified, trained and properly equipped collision repair facilities in Massachusetts charge? The answer is simple – and uncomfortable for many: You do. That’s right. To see who sets the labor rate, all you need to do is look in the mirror. For some, that statement may sound like blasphemy. It is not. It is reality.

Years ago, we described shop owners in our industry as falling into one of two categories: “junkyard dogs” or “killer puppies.” If you truly intend to be Part of the Fix in ’26, you must decide – honestly – which one you are. As the saying goes, you cannot serve two masters.

A killer puppy is the shop owner who barks loudly, complains endlessly and insists that “no one is doing anything” to fix the problems in Massachusetts – while pointing fingers at everyone else. Yet, when confronted by an insurer or an appraiser who does not fully understand what is required to properly repair a modern vehicle, this same shop rolls over submissively, tail tucked, hoping for a pat on the head and an “atta boy.” This mindset is at the core of our industry’s problems. Finger-pointing is not a solution. Accountability – starting with the reflection in the mirror – is.

A junkyard dog, on the other hand, understands its role clearly: to protect the business, the employees who depend on it and – most importantly – the vehicle owners who rely on honest, safe and proper repairs performed at a fair and reasonable price. A junkyard dog stands up to deceptive practices. A junkyard dog challenges insurance appraisers who, at the direction of their employers, knowingly engage in conduct that undermines proper repairs and fair reimbursement – every single day.

One important fact to remember is that hypocrisy is not independence. For those who consider themselves junkyard dogs, there is another hard truth to confront: hypocrisy. Hypocrisy occurs when a shop claims independence and proclaims that it works solely for the vehicle owner – while simultaneously

maintaining contractual relationships as a referral or program shop for one or more insurers. Every shop owner has the right to decide how they attract work. That is not the issue. The issue is this: As long as even a small minority of shops maintain these relationships, the insurance industry will continue to hold them up as “proof” that there is nothing wrong with the labor reimbursement rate. This is exactly how an insurance industry representative sitting on the Auto Body Labor Rate Advisory Board (ABLRAB) was able to claim – without evidence – that the Massachusetts collision repair industry is “vibrant” and “doing well.” That statement only survives because some shops allow it to.

The ABLRAB’s record tells a different story, as much as certain Board members try to hide it. The facts actually tell a very different story. The Advisory Board received seven formal recommendations from Board members and 13 written submissions from concerned industry participants. Out of all the submissions, only one suggested there was nothing wrong with the labor reimbursement rate.

Even more telling: Not a single collision repair facility provided oral testimony – either in person or remotely –claiming the industry was “vibrant” and adequately reimbursed. Conspicuously absent were the shops supposedly “waiting in line” to join insurer referral programs – shops that, according to insurers, are eager to work for substandard rates while surrendering their rights to proper repairs and balance billing.

One may ask, where do we go from here? Once again, the answer starts in the mirror. Every shop owner must question that reflection:

• Is my posted labor rate real, defensible, fair and reasonable – or just a number I hope to get paid?

• Am I charging different rates based on the presence or absence of insurance, despite Massachusetts law prohibiting that practice?

• Do I fully understand that if my rate is ever challenged, my so-called “insurance partners” will not defend me?

Insurance companies are quick to say, “We don’t fix vehicles – we only pay for the work.” If you are a referral or program shop, your contract ensures they bear no responsibility. This reality alone should prompt every shop owner to take a hard look at the referral and program lists provided by insurers. WHY? You may be on them without knowing it! Many shops believe they are not on any insurer referral list because they have not renewed a contract in years – or even decades. Nothing could be further from the truth.

If you want to ensure you are not being used – by even one insurer – to justify a so-called prevailing rate, there is only one

It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit.

Honda collision repair parts are engineered and manufactured to Honda standards. In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it.

For Genuine Honda parts, contact these Authorized Honda dealers.

Bernardi Honda

960 Worcester Road

Natick, MA 01760

Parts Direct: 800-247-3033

FAX: 508-651-1220

www.bernardihonda.com

Lia Honda of Northampton

293 King Street

Northampton, MA 01060

Toll Free: 800-369-7889

Direct: 1-413-587-2900

FAX: 1-413-585-0502

www.liahondanorthampton.com

Honda of Enfield

20 Palomba Drive

Enfield, CT 06082

Toll Free: 800-222-6632

FAX: 860-253-5419

www.liahondaofenfield.com

Honda North 382 Newbury Street

Danvers, MA 01923

Toll Free: 800-882-9797

FAX: 978-774-9483

e-mail: eadams@iclautos.com www.hondanorth.com

Schaller Honda

1 Veterans Drive

New Britain, CT 06051

Toll Free: 800-382-4525

Direct: 860-826-2080

FAX: 860-826-2083

e-mail: jkiniry@schallerauto.com www.schallerauto.com

Lundgren Honda of Auburn

525 Washington Street

Auburn, MA 01501

Toll Free: 800-777-2044

FAX: 508-721-0872

e-mail:pmccarthy@lhonda.com www.lhonda.com

Balise Honda

400 Riverdale St.

West Springfield, MA 01089

TOLL FREE: 800-992-6220

FAX: 800-254-3544

wparts@baliseauto.com

www.BaliseWholesaleParts.com

One Call, One Truck for 14 Brands!

Balise Honda of West Warwick

509 Quaker Lane

West Warwick, RI 02893

TOLL FREE: 800-992-6220

FAX: 800-254-3544

wparts@baliseauto.com

www.BaliseWholesaleParts.com

One Call, One Truck for 14 Brands!

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in the Auto Body and Insurance industries, our knowledgeable team understands not only the complex auto repair processes, but is also dedicated to helping you navigate the intricate insurance industry and ensuring you and your customers are duly compensated for proper repairs and the skilled labor of your Doug Begin, President & Owner

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If there is something else your shop needs assistance with, reach out! Let's talk!

Progress Without Consistent Process: Another Fiasco at the ADALB

Webster’s Dictionary defines a fiasco as “a complete failure,” a description that certainly applies to the year’s last meeting of the Auto Damage Appraiser Licensing Board (ADALB), held on December 11. Originally scheduled for November 27, the meeting was postponed for two weeks, yet the rescheduling prevented Chairman Michael Donovan from attending the meeting; Board member Carl Garcia (Carl’s Collision Center; Fall River) stepped into the role of Acting Chair in his stead.

Although some progress was made during the meeting, the inconsistency in which topics were discussed versus which were pushed to a future agenda, the little progress that was made beyond this point raises more questions than it answers.

Due to Donovan’s absence, Board member Peter Smith (MAPFRE) suggested postponing discussion on its review of amendments to 212 CMR 2.00 et. seq., a “courtesy” he also extended back on October 22, 2024 when Board member Bill Johnson (Pleasant Street Auto; South Hadley/Belchertown) was absent, though he didn’t make the same suggestion when Board member Vicky Wei Ye (Bos Insurance Agency) missed the September 23 meeting.

“The Chair doesn’t really weigh in much on the CMRs,” Johnson objected, expressing the opinion that the Board could continue its review. “We’re supposed to be the industry experts. He’s supposed to be the neutral party.”

His concerns were disregarded with the Board agreeing to set aside an hour as a workshop during the next meeting, which will be dedicated to reviewing the regulation and coming up with something that the entire Board is all “somewhat comfortable with” before proceeding with the process.

Another inconsistency in how the ADALB treats the absence of a Board member arose during the review of complaints. During

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Johnson’s absence in 2024, the Board voted on a complaint in its public meeting and another during Executive Session; however, when Ye was absent recently, Chairman Donovan had unequivocally insisted that complaints be tabled until the next meeting, despite Johnson and Garcia’s objections.

Despite the absence of Donovan, who typically serves to break the common ties on votes cast, the ADALB proceeded with reviewing complaints without voicing any objections to the lack of tie-breaking mechanism. Surprisingly, this played a much smaller role than usual with unanimous votes being cast on seven of the 13 complaints reviewed.

The theoretical need for a tie-breaker came into play on the remaining six complaints, which all received votes to proceed from Johnson and Garcia, while Smith and Ye cast their votes in the negative. Those ties result in a dismissal, according to Attorney Michael Powers who explained in a previous meeting, “Anytime the Board fails to move forward with a complaint, the Board’s past practice has been to dismiss it. We need an affirmative vote to move forward with the complaint, a majority vote.” Although Donovan’s presence likely would have been irrelevant as he has voted in line with the insurers on 93.75 percent of tied votes since March 2022, the decision to proceed without even the illusion of creating balance speaks volumes.

Yet, the volume of discussion on the complaints was minimal at best. While the ADALB reviewed 13 complaints, the nature of most complaints was never announced or discussed as the Board members silently reviewed the documents on their laptops and occasionally made inaudible comments to their neighbors that left attendees completely in the dark.

The ADALB is scheduled to reconvene on January 27. Information pertaining to the ADALB’s meeting schedule and planned agenda is typically posted by the Friday prior to the meeting at bit.ly/ADALBagendas.

MABA members are strongly encouraged to listen to the recording of the December 11 meeting in the Members Only section of massautobody.org for a glimpse into the inner workings of the ADALB. View the meeting agenda at bit.ly/ADALB121125. More detailed coverage of this meeting appears in the December 2025 issue of Damage Report, the association’s members-only newsletter.

An Investment in Success: Wieländer+Schill Welding Equipment Provides

Precision, Peace of Mind

What makes an elite collision repair facility? Expert technicians, impeccable attention to detail, unwavering adherence to OEM repair procedures and top-notch customer service. Just as important is the facility’s investment in cutting-edge, quality equipment. Wieländer+Schill’s full range of welders available through Reliable Automotive Equipment (RAE) helps leverage a shop’s investment into efficient, accurate repairs, elevating the overall customer experience while ensuring the vehicle is restored as close to preaccident condition as possible.

W+S welders help repairers performing a wide variety of welding repairs with simple, self-explanatory, intuitive operation and the highest safety standards. The InvertaPuls IP7-2 offers 2-button handling, dual 3G torches, ergonomic torch removal and narrow housing construction for ease of use in any size shop performing steel and aluminum welding.

The InvertaPuls IP4-3 is your go-to for steel, brazing and aluminum welding with automatic torch recognition, parameter retention and a 4-roller wire feed for seamless results. With 90 memory spots and 240A current, pulse and double-pulse welding procedures can be performed effortlessly. And shops looking

PRESIDENT’S MESSAGE

continued from pg. 6

shop that fixes their car properly and treats them like family…not the shop that cuts corners to save an insurer a buck.

That’s “The Fix” our industry needs in 2026: a collective return to true customer service, where service means serving our customers and no one else.

Choosing the Harder Road

Let’s be honest – doing the right thing often means choosing the harder road. Collision repair is not for the faint of heart, especially if you’re determined to do things properly. Modern cars are high-tech machines with advanced materials and safety systems. Repairing them correctly is complex and demanding.

Yet, shops face relentless pressure to prioritize cost or speed over quality. Whether it’s an appraiser questioning your methods, a customer confused about a bill or an insurer flat-out refusing to pay for a necessary procedure. In those moments, it’s tempting to take the easy way out just to keep the peace or make a quick buck.

But remember this: easier doesn’t mean right. Cutting corners to appease an insurer or avoid a tough conversation may seem convenient, but if a vehicle isn’t repaired to exact specifications, its safety features may fail when they’re needed most. The difference between a proper repair and a compromised one could literally be

for inverter technology need look no further than the MIG/ MAG IM240-I, a powerhouse featuring a 4-roller drive with trim adjustment and D300 wire spool compatibility for ensured precision. Dynamic pulse adjustment guarantees impeccable results on thin sheet metal as thin as 0.6mm.

For more information on the full line of Wieländer+Schill welders and all available equipment, service, training and support through Reliable Automotive Equipment, visit raeservice.com.

the difference between life and death. That’s the gravity of what we do. That gravity falls squarely on YOU, the repair professional, never the insurer…despite what they may tell you.

Every time you choose to follow OEM procedures, to perform that extra weld test or to double-check that calibration – even when you aren’t sure you’ll be fully reimbursed – you’re choosing safety over convenience. You’re standing by your work and your ethics. This is what doing the right thing looks like. It’s the definition of professionalism in our field. It’s doing the right thing when no one is looking.

It takes resilience. You will face skepticism, frustration or financial hurdles. You will have to explain to an appraiser who’s never fixed a car why a certain operation is necessary. You will have to justify costs to a customer who’s been misled by their insurer’s estimate. These aren’t easy battles. But they are necessary.

But never forget, the collision repair industry is not just a trade; it’s a responsibility. We hold the safety of countless drivers and families in our hands every time we fix a vehicle. When you repair a car properly, you ensure that when a parent drives their children to school or a commuter heads to work, their vehicle will protect them as designed. That responsibility is enormous, but it’s also what

continued on pg. 40

MIG/MAG IM240-I
InvertaPuls IP7-2
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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.

626 E. Elizabeth Ave., Linden, NJ 07036 Phone: (908) 925-6133 Fax: (908) 925-4344 414-416 Madison Ave., Paterson, NJ 07524 Phone: (973) 279-8300

(973) 279-9030 631 Clifton Ave., Toms River, NJ 08753 Phone: (732) 797-3942 Fax: (732) 797-0774 100 Melrich Road, Cranbury, NJ 08512 Phone: (609) 860-2800 Fax: (609) 860-2801 4 Emery Ave., Randolph, NJ 07869 Phone: (862) 244-4818 Fax: (862) 244-4822 www.kemperle.com

Labor Rate Board’s Work is Done; Collision Repairers Await Next Steps

The Auto Body Labor Rate Advisory Board (ABLRAB) completed its task of submitting a formal report and recommendations to the Division of Insurance (DOI) and key legislators before the end of 2025, but not without one final debate.

The Board convened for the final time on December 22 to formally approve the written document. With a motion on the floor from Peter Smith (MAPFRE) to approve the report as written, John Kwoka (Neal F. Finnegan Distinguished Professor of Economics, Northeastern University) suggested the Board consider a minor change to reflect that, “although there is no common recommendation” coming from Board members, several recommendations do call for an increase to the labor rate. He believed that it was “somewhat incomplete” suggesting it would be helpful to the DOI to read that there is a common understanding from the majority of the seven written recommendations that came from six of the nine Board members; three Board members sent in one combined report.

Co-chair Stacey Gotham (actuary of the Insurance and Financial Services Division) argued that the Board is made up of 12 members with two co-chairs and Kwoka’s suggestion about “six of nine members” was not a true reflection of the Board. Kwoka corrected her by clarifying he meant six of the nine Board members who

submitted recommendations.

Rick Starbard (Rick’s Auto Collision; Revere) agreed with Kwoka’s suggestion to modify the report, stating that six of the seven recommendations submitted “are in favor of some type of increase and to develop a mechanism to get there.”

“I share Kwoka’s view that we may not all agree but there tends to be a heavy indication from what we found [to increase the rate]”, Brian Bernard (Total Care Accident Repair; Raynham) offered.

Christopher S. Stark (Massachusetts Insurance Federation) said he would vote yes on the report as written, but he disagreed with Kwoka’s suggested amendment, stating that had the three insurance members not agreed to one joint statement, the number of reports would be different.

“Overall, we do fall a little bit short of our stated purpose to actually come up with a recommendation,” stated Bernard, who also shared Kwoka’s view. “We might want to sharpen this a little bit and make some sort of a recommendation.”

Starbard motioned to amend the report to include a note that addresses that “the majority of the reports are in favor of action being taken to raise the labor rates.”

Kwoka, Starbard, Bernard were joined by Sean Kane (Safety Research & Strategies, Inc.), (David Brown (Bill Diluca ChevroletCadillac, Inc.; Andover) and Matthew Ciaschini (Full Tilt Auto Body & Collision;

West Hatfield) in favor of the amendment, but Stark, Paul Burke (BayCoast Insurance Company), Samantha Tracy (Arbella Insurance Group) and Mark A. Merante (Division of Standards) voted against it. JC Burton (Maven Construction) was not present.

Co-chair Gotham casted an opposing vote creating a tie, which was broken immediately when fellow co-chair Powers also voted no, ultimately killing the idea of adding language to send home the message that there was a 6:3 ratio of members in favor of a labor rate increase.

Voting then commenced for the earlier motion to accept the report as written with all insurance members voting for it, including Co-Chairs Gotham and Michael Powers, while the collision industry representatives, Bernard, Ciaschini and Starbard were once again joined by Kwoka, Kane and Brown in opposition; however, the motion passed.

Starbard questioned, “I’m not an attorney but is it common for co-chairs to vote on a motion [when the situation] is not to break a tie,” to which Powers replied, “They did make and break the tie actually. The vote was seven to six, so one vote made the tie and the second [vote] broke it.” Starbard attempted to comment further but Powers cut him off stating, “That’s the way it works, Mr. Starbard. If you don’t like the rules, that’s the way it works.”

The final vote of the meeting was on a motion to authorize Gotham to review and approve the minutes. Board members Kane, Kwoka, Brown, Starbard, Bernard and Ciaschini all abstained from voting yet Powers announced the motion passed.

All are encouraged to read the final report available at bit.ly/ABLRABReport Visit bit.ly/ABLRAB to review the recording of the December 22 and others and to read the 13 favorable recommendations made by non-Board members.

Stay tuned to New England Automotive Report as we continue to report on this developing story as more details become available.

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In collision repair, the best relationships are built on trust, reliability, and long-term commitment. The right equipment does more than perform on day one. It supports OEM repair procedures, delivers consistent results, and stands by your shop year after year.

At RAE, we help shops invest in OEM-approved tools, expert training, and dependable service that lasts well beyond Valentine’s Day. Because when the honeymoon phase is over, you need a partner you can count on.

At the end of the day, every collision repair shop is fighting the same fight in some way, shape or form. Long days involving insurance battles, frustrations with employees (or the lack thereof) and trying to keep the business alive on a suppressed labor reimbursement rate is something most Massachusetts collision repair shop owners can easily write a book about.

The New England Automotive Report 2025 Industry Survey provides collision repairers in the Commonwealth with the opportunity to write their book so to speak. For the past five years, shop owners from all over the state have been airing their thoughts about various things affecting the industry and their day to day. No two shops are exactly the same, but the survey connects the dots to help us all see the big picture of what frustrates and intimidates or motivates and engages shop owners the most.

Check out the following pages to get a feel for the state of the industry here in the Commonwealth by reading this year’s survey results. A big thank you to all the shops who took the time to participate in this survey. We hope that you find value and insight from this information.

How long have you been in business?

1-5 years: 3%

6-10 years: 3%

More than 10 years: 94%

Are you on a referral or program?

Referral: 13%

Program: 11%

Both: 26%

No: 50%

If you selected “yes” to being on a referral, how many referrals are you on?

1-5: 51%

6-10: 48%

11 or more: 1%

If you selected “yes” to being on a program, how many programs are you on?

1-5: 57%

6-10: 42%

More than 10: 1%

It’s interesting to see more shops report they are involved with a referral or program this year as the more recent trend seems to have favored shops breaking free from having direct ties to insurance companies.

For the past few years, as many as 80 percent of shops reported not having any insurance relationships while this year’s number has boomeranged back to where it began when the survey debuted in 2021, when just 52 percent of shops reported having zero referral or program relationships. Perhaps this is a byproduct of the industry-wide “slow down” many shops have reported in 2025, forcing collision repair businesses to believe they need to sign up for work.

How many full-time employees do you have, including yourself?

1-5: 24%

6-10: 39%

11-20: 26%

More than 20: 11%

How many part-time employees do you have?

1-5: 94%

6-10: 2%

11-20: 2%

More than 20: 2%

What is the age of your oldest employee?

30-40: 0%

41-50: 7%

Over 50: 93%

What is the age of your youngest employee?

18-25: 65%

26-35: 20%

Over 35: 15%

For the fifth consecutive year, these figures continue to show the industry

aging out, with 93 percent of survey takers reporting having employees above the age of 50. However, things may be looking up with bringing new people into the fold as the 2025 survey shows 65 percent of respondents have employees between the ages of 18-25, the highest number we have seen yet.

It’s also interesting to see 39 percent of survey takers report having anywhere between six to 10 full-time employees as that number has been as little as 23 percent, so this could be an indication of growth as this year’s survey figures also show growth of part-time employees with 94 percent reporting at least one to five of these employees on their staff.

Where do you look to hire new employees?

Word of mouth/referrals: 57%

Online: 43%

Local vocational schools: 54%

Everywhere: 59%

Not searching: 2%

Collision repairers continue to report that one of the best ways to find good help is through word of mouth, but what may serve as a beacon of hope is the 54 percent of those who reported local vocational schools as a good source for hiring new employees. Last year, this number was only at 37 percent and years prior as little as 21 percent.

Encouraging young people into this trade is challenging, and with many vocational schools shutting down their programs due to lack of interest, it’s encouraging to see that some shops are doing their best to work with their local school programs to find up-and-coming technicians.

continued on pg. 28

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What is the annual salary of your lowest-level employee?

Less than $25,000: 17%

$25,000-$35,000: 24%

$35,001-$45,000: 24%

$45,001-$55,000: 15%

$55,001 or more: 20%

What is the annual salary of your highest-level employee?

Less than $70,000: 9%

$70,000-$85,000: 17%

$85,001-$99,999: 11%

$100,000 or more: 63%

If you’ve been reading New England Automotive Report regularly, you certainly know that shops have been struggling to keep up with demands due to severely suppressed labor reimbursement rates. As this year’s survey results show, there isn’t too much difference as more than two-thirds of respondents report salaries of $45,000 or less.

Are you familiar with MABA’s legislative agenda for the current session?

Yes: 94%

No: 6%

Do you feel that your customers care about the issues facing the collision repair industry?

absolutely essential to this business. It’s important for vehicle owners to know how the process works and what needs to be done to properly and safely return their cars to pre-accident condition. It’s a good sign that at least 33 percent of shops believe customers are listening.

As an industry, how do you think we can better educate customers?

Television/radio commercials: 48%

Social media campaigns: 70%

One-on-one conversations with the customer on-site: 64%

Office signage: 30%

Emails and letters sent from shops and the Alliance (MABA): 21%

By better educating shops so they can educate more customers: 55%

The 2025 survey reveals more shop owners are finding that one-onone communication is key in educating customers with 64 percent reporting they do exactly that. These results also show how much social media campaigns can play a role with 70 percent highlighting this option.

Some respondents shared other ideas: “PR through news outlets, print and TV,” offered a survey taker from Bridgewater.

Another respondent had a different spin, suggesting a “campaign directed at other influencers like insurance companies and agents.”

Do you balance-bill customers (charge a copay) when insurance reimbursement does not cover the entirety of your invoice?

Yes: 58%

No: 42%

Balancing-billing or charging a copay continues to grow in the Commonwealth with 58 percent reporting they do so, a two percent increase from last year. This practice is growing more and more as associations like MABA have been vocal about the benefits of charging the customer and putting the matter of insurance company pushback into the vehicle owner’s hands.

How

do you educate your current and potential customers?

Communication is the key according to most survey respondents, many who are adamant about being forthcoming with their customers at the start.

“Have an honest conversation about the financial realities of an insurance transaction,” offered one respondent from Worcester.

“We let them know up front the difference in labor and give them an approximate balance bill they will be responsible for,” said another.

“Explain the issues that labor rates have created here in Massachusetts,” a Springfield shop owner suggested..

One survey taker addressed the issue of insurers pushing aftermarket parts if costs add up to a certain amount by suggesting that “a lot of customers will pay for OEM parts” if they get the right message.

“I educate on what the insurance company has paid for, and then I explain what they are responsible for,” said a Salisbury shop owner.

Not everyone is on the same page, however, as one survey taker believes, “It’s too much to explain.”

What do you think is the most pressing issue affecting shops today?

It should not come as a shock to anyone that labor rate suppression was once again the most popular choice among survey takers with 79 percent citing it as THE most pressing issue. It’s also not surprising that shops reported insurer interference/referrals and programs as another major issue.

Workforce shortage dwindled down to only three percent which could be a positive sign that collision repair shops are finding it easy to hire new workers. Although, as one respondent queried, “How can we attract better employees without more income?” so clearly, it remains an issue for some.

Are you currently certified/ recognized by an OEM to perform collision repairs?

Yes: 27%

No, but I’m working toward it: 46% No, and I do not plan to become certified/ recognized: 27%

OEM certification can result in many positive benefits for a business – provided they make the most of the investment. It can amount to quite a big expense of time and money, but the benefits can bode quite successful if a business makes the most of that investment. More shops are taking note; for the first time since this survey has been conducted, as many as 46 percent report working toward getting OEM certifications, a pretty big increase from 2024 when only 35 percent reported being on the path to certification.

How

would you rate your current state of business?

1-3: 7%

4-6: 24%

7-8: 48%

9-10: 21%

While only 21 percent believe their business is at the top of their game with scores of nine or 10, there was a pretty significant increase of shops reporting they are at a seven or eight with 48 percent choosing this rating over the 31 percent who chose this ranking in 2024.

Another positive is that only six percent of respondents rated their business as low as one to three.

How would you define the “future” of collision repair?

Collision repair professionals have so much to contend with from rapidly advancing vehicle technology, the inundation of artificial intelligence, worsening insurer relations and then some that it can be hard to see the future with rose-colored glasses.

One survey taker simply called the future “worrisome,” and another just stated, “It’s a dying breed.”

One shop owner stressed that “something has to be done with the labor rate, so we can afford to do safe and proper repairs.” Echoing his colleague’s sentiments, another responded, “It’s hard to afford talented technicians and admins with our hands tied to low rates. “

A Northampton collision repairer foresees a future of “consolidation, fewer repairable cars, fewer shops and fewer vendors.”

Another predicts more steering will come into play. “The insurance industry is doing everything it can to avoid paying a fair labor rate. As business worsens, shops will do what they must to get the work.”

How is your shop preparing for the “future” of collision repair?

Many shops are getting behind the driver seat when it comes to making the future bright by “visiting vocational schools to try to remind kids that vehicles are not going away,” as one respondent stated.

Continued education is important to many Massachusetts shop owners. One pointed out the importance of “elevating our quality control to ensure we are repairing properly, billing properly and minimizing liability.”

Collision repair professionals are finding that diversifying their business may be the way to go with some indicating that they are seeking more self-pay customer work and light repairs. “We are looking for new sources of work that do not involve insurance work,” indicated a shop owner from East Longmeadow.

Other “future” considerations included:

“Trying to stay as informed as possible to the changes in the industry and the needs of customers.”

“We keep up on industry changes and have a great customer following.”

“Staying up to date with technology.”

Although most respondents maintain a good outlook, one shop owner did not hold back at all, stating that he is “trying to find someone stupid enough to buy me out.”

How does your shop handle ADAS calibrations?

Repair In-House: 15%

Sublet repairs to dealership: 24%

Sublet repairs to ADAS calibration center: 61%

If you calibrate ADAS in-house, who performs the calibrations?

Shop owner: 15%

Repair planner: 8%

Dedicated calibration tech(s): 77%

Whoever works on repair: 0%

Although more shops are beginning to

bring ADAS calibration work in-house, the number of shops who calibrate in-house has not changed since last year. However, there was a significant increase in the number of shops sending this work to an ADAS calibration center.

This could be an indication of an increase of these centers popping up all over the state or the fact that collision repairers know that this work must be done and can’t ignore it or attempt to do without the proper equipment.

What are your biggest concerns about Artificial Intelligence (AI)?

Let’s face it. AI is everywhere in 2026. Just about everywhere you go is a customer service representative “manned” via AI. And of course, for the past several years, it’s become part of automobiles via ADAS. Many shops are finding it to be a useful tool for creating emails to customers or insurers by way of programs like ChatGPT.

It’s a technology that has advanced very quickly in a very short amount of time. Not very long ago, the idea of an AI-virtual assistant that could answer phones and triage vehicles sounded like something from outerspace, but this product is very real and being used in shops today.

Although these AI-powered products can be extremely helpful, they can equally be a cause for concern. As more things become automated, some may be intimidated by the belief that a computer could replace more bodies in a few years.

“Negotiations with computers will prove to be difficult,” a survey taker foresees a human-free insurance experience.

While others believe:

“Less people equals less reasoning.”

“If we are forced to deal with AI appraisers, there will be a lack of negotiation.”

“AI phone operators are more of a pain than they are worth.”

“Most people don’t understand AI. We can’t trust it to provide an accurate answer to questions, and we are being forced to use it in places where it can’t help solve anything,” lamented one owner from Leominster.

“AI makes it hard to speak with a live person.”

Yet, some really don’t seem to believe there is much to worry about as one admitted, “I really haven’t thought about it.”

In your opinion, has the increase in consolidation been helpful or harmful to the industry?

Consolidation in the collision repair industry continues to grow all around the country, and the Commonwealth is no stranger to it.

It’s becoming all too common to hear that another independent shop has been bought up by a larger MSO.

The most popular comment received from survey takers? “Harmful”. Others had similar views calling it “hurtful” and “not good.”

One shop owner dismally added “inevitable” to his thoughts that it mostly will be a negative thing for the industry.

Another had more insight to share, taking a look at the most important factor:

“I think consolidation provides a place for big investors to park some money. The fact still remains that – whether it’s a one-shop or 10-shop business – without well-trained help and fair reimbursement, it is hard to succeed.”

In your experience, which insurer do you find the most difficult to deal with, and why?

This year, survey takers gave Progressive the “most difficult” award, demoting MAPFRE from first position in recent years to second place with Allstate coming in right behind. Other noted insurance companies included State Farm, GEICO

and Hanover.

One survey taker didn’t hold back his frustrations with Progressive:

“Progressive doesn’t have real people out in the field. They tell the customer to drop off their vehicle, and they will come out the same day. Cut to two weeks later and multiple emails between the shop, vehicle owner and Progressive where we have to threaten pre-estimate storage to get someone out to write the vehicle. The estimate will be missing most of what is needed, and supplements take even longer. Progressive will then push back and blame the shop for the delay.”

“They don’t have appraisers who can write a proper appraisal, and they take longer than allowed to come out. Supervisors do not respond, ever, to issues with estimates and appraisers,” another respondent agreed.

“Progressive is the worst. We have to collect lots of money from the customer to settle the bill.”

“Progressive and GEICO don’t want to pay for parts and procedures.”

How have insurance relations worsened over the last year?

Most survey takers shared strong beliefs that this relationship has not improved over the past year and is, in fact, just worsening.

Here’s what some had to say:

“Insurers actively steer against us.”

“Insurance companies don’t care about the customer or safety.”

“They will not negotiate and do not respond to customers. They basically abandon the policyholder or claimant.”

“Insurers tell customers not to use our shop.”

“Total disregard for the laws that govern our industry. They have no regard for their insureds.”

“In the past, there were insurance individuals who worked with the shop. Now, all we hear is ‘Sorry, my hands are tied.’”

“Untrained appraisers. Lack of knowledge and more ‘We don’t pay for that.’”

Have you experienced an increase in total loss claims over the past year?

The increase in total losses has become a growing concern industry-wide, and as this new survey question reveals, it’s also being felt here in Massachusetts as one respondent stated, total loss has increased “drastically.”

“Yes. Arbella pretty much totals everything right now, regardless of the vehicle owner wanting to keep the vehicle.”

“It seems to be getting worse. Now, some total at 53 percent.”

“Yes. Even when deemed repairable.”

What is the current hourly labor rate you are being reimbursed by insurers?

Less than $40: 0%

$40-$59: 85%

$60-$79: 12%

$80 or more: 3%

What do you think your labor rate should be?

Less than $60: 0%

$60-$79: 15%

$80-$99: 67%

$100 or more: 18%

2025 was a huge year for the Massachusetts auto body industry with the formation of the Auto Body Labor Rate Advisory Board which included MABA representatives and insurance representatives as well as consumer, economics and business-minded individuals. The year ended with the Board submitting a recommendation and report to the Division of Insurance, and now collision repairers in the Commonwealth await what should be

positive change after having to contend with decades of labor rate suppression.

As these survey questions reveal, more than two-thirds of respondents (67 percent) believe they should be reimbursed in the $80-$99 range, which is nearly double what insurers currently reimburse at as 85 percent of respondents report receiving as little as $40-$59.

Do you feel that your shop is prepared to repair electric vehicles (EVs)? Why or why not?

Yes, we are prepared: 63% No, we are not: 37%

The number of shops who reported feeling ready to repair EVs jumped significantly this year over last year’s 43 percent. This could be a sign that more shops are proactively investing in training and equipment as more electric vehicles roll up to the door.

“EVs can be very dangerous,” advised one repairer. “Make sure you protect your employees and your building.”

Some have zero interest: “I have no desire to repair these vehicles.”

Have you and/or your employees undergone any training in the past year?

Yes: 55%

No: 45%

The number of shops sending their employees to training decreased this year with 55 percent reporting having done so as opposed to last year’s 62 percent. I-CAR was at the forefront for those who took part in training during 2025.

What has been your biggest challenge in attracting and retaining employees?

Some shops voice concerns about not being able to offer a good enough wage to entice new employees, while others wonder if there will be enough work in the future.

But many remain very positive. A New Bedford shop owner reported, “I have retained many of my employees for years.”

Another shared, “I have actually had more technicians than ever come to my

shop asking for work. We are presently staffed 100 percent.” And yet another reported, “Very lucky. We have great employees, and we have second and third generation customers from word of mouth and referrals.”

What has been the most effective method for attracting new employees?

“Word of mouth. We have a great culture and low turnover rate for technicians,” a Spencer shop reported. “It’s the admins that keep getting beat up by desk adjusters or clients who get bad information from their agents which creates mistrust with shops.”

Others have found success with employee referrals, proactive involvement with trade schools and offering benefits like 401(k) and health insurance have been good tools to attract new blood into the shop.

Do you have any involvement with local vo-tech/trade schools and in what way(s)?

Several survey takers reported developing good relationships with their local trade schools. Some shops report taking the time to serve on the advisory board and host tours of the shop to expose students to the many career opportunities that can exist in a collision center. Others have found success in working with top students on work study which led to hiring them full-time.

If you could change anything about this industry, what would it be?

One need not look far to see that the labor rate is the number one thing on most Massachusetts collision repair professionals’ minds, so clearly it topped the list of survey takers’ industry needs.

In addition to this glaringly important request, collision repairers called for change in other areas like consumer education and OEM standards.

“I would like the industry to be respected more in the eyes of the consumer.”

“I would like to see the free market system function – if it can – the way it should to get the third parties out of my business.”

“There needs to be less insurer involvement in the repair process and more informed participation from the customer. When customers understand that the repair facility is working on their behalf and not the insurer, it changes the conversation, protects the consumer and reinforces proper repairs based on safety and manufacturer standards.”

“We need to support the shops that aspire to be better repairers. We need to eliminate the shops that have no interest in performing safe and quality repairs according to OEM procedures. We need to eliminate illegal shops. Consumers deserve better.”

“Everything! We need more respect. Stop with the ‘woe is me’ and clean your shop, make your office respectable. Invest in yourself. Make changes and stop kneeling to insurance companies. Grow up!”

Closing

It’s easy for a body shop to feel like they’re on an island all alone. But as this survey reveals, Massachusetts collision repairers feel many of the same aches and pains – mostly in the form of labor rate woes, insurer interference, an increase in total losses or lack of good help.

Together, they show us what the big picture looks like when you connect the dots. We hope this year’s survey results help guide you while making decisions that are best for your business, your customers and your employees as you fight for safe and proper repairs. Remember that you are not alone. You are part of the big picture.

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Are You Violating 93A with Every Repair? Compliance Is Not Occasional

– It’s Every Day

At my former law firm, when a repair shop came in with a demand letter – whether from a customer, an attorney or an insurer – we always asked ourselves the same question first: Did the shop follow all the regulations? And practically every time, the answer was No. That told us everything we needed to know. Our response was always the same: Pull out your checkbook. We need to make this go away.

This wasn’t about fraud or bad repairs – it was about compliance. Specifically, whether the shop had followed one of the most basic obligations in Massachusetts consumer protection law – delivering a copy of any signed document to the customer –and most shops hadn’t. And because they hadn’t, they had already committed a technical violation of 940 CMR 5.05(11), which meant they had also violated Chapter 93A – the Massachusetts law that allows consumers to sue businesses for “unfair or deceptive acts or practices.”

Many shop owners think compliance is something that comes into play only when a lawsuit hits their desk – something to “get in order” when it’s already too late. But the truth is, compliance happens every day, with every customer. It happens –or fails to happen – in the routine paperwork you send (or don’t send), the signatures you collect and what you do with them afterward.

Coverall Law recently reviewed a dozen authorization forms being used by shops in Tennessee. Not one of them complied with that state’s regulatory requirements. Not one. And Tennessee is far from the only example.

What makes this even more dangerous is that many violations are so basic they go completely unnoticed – until they’re raised as leverage in a claim. The requirement to deliver signed documents is a perfect example. It’s easy to comply with but rarely enforced – which makes it ripe for use as a “gotcha” when tensions rise. That’s why Coverall Law doesn’t wait for problems to occur. We work with our member shops to build systems that stand up to scrutiny, before they’re ever challenged.

One Easy Obligation: What 940 CMR 5.05(11) Actually Requires

Here’s the full text of 940 CMR 5.05(11), a regulation issued by the Massachusetts Attorney General:

“It is an unfair or deceptive act or practice for a repair shop to fail or refuse to provide to a customer a copy of any document signed by the customer either at the time the document is signed or at the completion of the repair work.”

That’s it. One sentence. But one sentence can do a lot of damage if it’s ignored.

Let’s break it down.

What does it mean to “fail or refuse”? The regulation doesn’t clarify whether a violation requires an affirmative refusal – or whether a simple oversight is enough. In the world of M.G.L. c. 93A, courts don’t typically give businesses the benefit of the doubt. If a customer asks for a copy and doesn’t get one, that could be a “refusal.” If a shop forgets to give one and never corrects it, that could be a “failure.” Either way, the language of the regulation is broad – and that ambiguity works against the shop.

Then there’s the timing: “at the time the document is signed or at the completion of the repair work.” But what if the customer never receives a copy at either time – and gets one later, only when a dispute arises? Has the shop already violated the regulation? Likely yes. The requirement isn’t “eventually.” It’s at the time of signing or at completion – not whenever it’s convenient.

This is what makes 93A so risky. The statute does not require proof of intent. A shop can be found liable for committing a deceptive act…even if it didn’t mean to deceive anyone. In fact, courts often treat violations of regulations like this one as intentional torts – meaning the shop’s motive doesn’t matter. That’s why Coverall Law teaches a simple rule: “People in glass houses shouldn’t throw stones.” You can’t enforce your rights if

your own compliance house isn’t in order.

So, which documents fall under this rule? The ones that customers sign, and for most shops that means Authorizations and Directions to Pay. These are the forms customers sign – often on the day the vehicle enters the shop. That means, from the very first interaction, many shops are already out of compliance. And to be clear, these aren’t the only documents that may fall under 5.05(11) – any signed document can trigger this rule. That’s why Coverall Law is always happy to review your full document stack to ensure that your process is legally defensible from the start.

The 93A Landmine: How Small Things Become a Lawsuit

Under Massachusetts law, a violation of 940 CMR 5.05(11) is more than just a regulatory slip – it is a per se violation of M.G.L. c. 93A. That legal term, per se, means that a violation of the regulation is automatically considered an unfair or deceptive act. There is no need to prove intent, actual harm or deceptive motives. The violation itself is enough to create liability.

This is what makes regulatory noncompliance so dangerous for repair shops. A business owner may have acted in good faith. The repairs may have been done flawlessly. The customer may have even paid in full and expressed no complaints about the work. But if the shop didn’t provide a copy of a signed document at the time of signing or at the completion of repairs – even unintentionally – the customer could allege a 93A violation based solely on that oversight.

And once a 93A claim is triggered, the stakes escalate. Chapter 93A allows for:

• mandatory attorney’s fees,

• actual damages, and in some cases,

• treble damages.

If the conduct is deemed willful or knowing, a minor error can suddenly become the basis for a lawsuit worth thousands –or tens of thousands – of dollars. And because 93A claims often open the door to broader discovery, what begins with a missing signature page can quickly lead to scrutiny of the shop’s entire process.

This is exactly why these claims are attractive to attorneys, insurers and regulators alike. They’re easy to allege, difficult to disprove and almost always reveal additional compliance weaknesses once the surface is scratched. As a result, many shops find themselves negotiating from a position of weakness, not because they were bad actors, but because they were unaware of – or indifferent to – the everyday regulatory standards they’re expected to meet.

940 CMR 5.05(11) is just one of those standards. It’s a simple requirement, but it functions as a gateway to much larger problems. One sentence in a regulation becomes one sentence in a complaint – and suddenly, the shop is on the defensive.

From Reactive to Ready: Why Compliance Starts Before the Claim

The collision repair industry has spent decades reacting to legal problems instead of preventing them. For most shops, legal strategy begins with a problem – a threat letter, a denied supplement, a refund demand or worse, a lawsuit. By the time attorneys are involved, the damage is already done, and the shop is negotiating from behind. It’s not because shop owners don’t care. It’s because the industry, as a whole, has been conditioned to wait for issues instead of anticipating them.

Coverall Law exists to change that.

Our philosophy is simple: repair shops should be just as proactive and process-driven in their legal compliance as they are in frame measuring, refinishing or ADAS calibrations. We don’t just respond to disputes – we work upstream, helping shops build systems that are legally defensible from the start.

One area where this shift is most obvious is in documentation. Across the country, Coverall Law has reviewed hundreds of customer-facing forms – authorizations, directions to pay, repair contracts, warranty disclaimers – and not a single one included what would be considered standard in any other regulated industry: a clause acknowledging receipt of the signed document. That single clause, common in Fortune 500 contracts and government forms, is virtually nonexistent in the repair industry – even though it offers clear legal protection.

This is why Forever Forms were built. It’s not just a form – it’s a tool of legal engineering, designed to close the gaps that have plagued shops for years. It combines nine critical documents into a single, compliant package, including an express customer acknowledgment of receipt. More importantly, it’s built to work with the technology shops already use – we don’t ask shops to reinvent their workflow; we help them strengthen it.

Shops have always been forced to defend themselves with broken systems. Coverall Law is giving them something better: a foundation that holds up under pressure. That shift – from reactive to ready – is what separates the shops that survive from the ones that lead.

The Best Time to Fix It Is Before It Fails

There’s a reason so many consumer complaints catch shop owners off guard. The problem isn’t always the repair, the communication or the price – it’s the paperwork. More specifically, it’s the compliance assumptions buried in everyday processes. Shops assume they’re covered because the work got done or because the customer didn’t complain. But regulators and courts don’t care about assumptions. They care about whether the shop followed the rules – and those rules are written down, in black and white, in the Code of Massachusetts Regulations.

940 CMR 5.05(11) is not obscure. It’s one of many small, clear and easy-to-violate rules that repair shops overlook every day. The longer shops ignore these details, the more vulnerable they become – not just to consumer claims, but to insurers, auditors and regulators who know where to look. When a shop is noncompliant with a simple rule like this, it often signals to

outside parties that there are other problems waiting to be uncovered.

Compliance isn’t about being perfect. It’s about being proactively defensible. The shops that invest in their documentation, their systems and their legal strategy before something goes wrong are the ones best positioned to fight back – or avoid conflict altogether. The shop that can say, “Yes, the customer received a signed copy, and we can prove it” is the shop that never has to write a check just to make a problem go away.

Coverall Law is helping to build that kind of shop – one that understands that compliance isn’t an emergency response plan. It’s a business practice.

Coverall Law Managing Attorney Sean Preston finished in the top of his law school class at the historic Howard University School of Law in Washington, DC after serving in the United States Army. He went on to excel in business and legal strategy, serving some of the world's most recognizable brands in neighboring industries. Sean recently returned from Berlin, Germany with his family (where he served in RollsRoyce's General Counsel function) and today resides in Wareham, MA, where he helps to oversee and meaningfully lead efforts in the region for Coverall Law. He can be reached at (508) 635-5329 or via email at spreston@coveralllaw.com

EXECUTIVE DIRECTOR’S MESSAGE

continued from pg. 8 way to do it: if you so choose to make the independent business decision to be clear of all contractual insurance obligation, you must send written notice to every insurer you do business with – or could potentially do business with – stating clearly that:

• You do not wish to be considered a referral shop, and

• Your name is to be removed from all referral lists.

THIS IS VERY IMPORTANT: You must also send a copy of that letter to the Division of Insurance (DOI). Just imagine the impact a widespread, independent, and documented action like this would have. It would be a great message.

Of course, this step can only be taken by a true junkyard dog –not a killer puppy fighting for scraps. The choice is yours! You will only truly know which one you are when you take a hard look in the mirror.

If you are not currently an MABA member and want to learn more about Being a Part of the Fix in ’26, membership information can be found on page 7 or by visiting our website now at massautobody.org

MABA will continue to apply relentless pressure exposing the failures of the ADALB process while highlighting the overwhelming consensus that the labor reimbursement rate must be addressed by the Legislature.

But understand this clearly: Every killer puppy in our industry is a potential roadblock to real reform

So, the question remains – which do you want to be?

• Local/Regional Networking Events

• Annual Education Conference

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• Mentoring Opportunities

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• Scholarship Program

• School Outreach Program

• Most Influential Women (MIW) Award

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GENUINE

continued from pg. 6

makes our work meaningful.

There is honor in standing firm against the tide of “good enough.” There is greatness in the struggle to do things the right way. Through hardship, we achieve greatness. In 2026, let’s embrace the hard path when it’s the right path, knowing we’re saving lives and preserving our craft every day.

Standing Together for a Better Future

I truly believe brighter days lie ahead for Massachusetts collision repairers – if we continue to stand together and speak with a unified voice. Real progress is on the horizon.

We ended last year with a long-awaited sign of change: the Commonwealth established an Auto Body Labor Rate Advisory Board dedicated to reviewing and recommending a fair, reasonable labor reimbursement rate for our work. This victory didn’t happen by accident. It was the direct result of persistent, unified advocacy by this association and its members. It

shows that, when we refuse to stay silent about the issues plaguing our industry, we can compel the powers-that-be to listen. The creation of that Board was a positive step, but let’s be clear that an advisory board alone won’t fix our industry. No outside entity can do that for us. But we can, and we will, by working from the inside out. Meaningful, lasting change will come from us through the collective action of individual shop owners, estimators, administration and technicians doing the right thing and demanding what’s right of those around them.

That’s why your voice matters now more than ever. MABA will keep fighting for you on Beacon Hill, in Board meetings and in the press, but we need you fighting alongside us. Each of us must be an advocate, not only for our own shop but for our industry as a whole.

So, in 2026, I urge every shop owner and technician to advocate for yourself and for each other. If an insurer’s program

doesn’t sit right, speak up. If you encounter an unsafe practice, refuse to go along with it. Educate your customers, rally your fellow shop owners, engage with your legislators. Lean on the association for resources and support because that’s what we’re here for.

When we share knowledge and stand united, we all become stronger. The more members join our cause, the louder our voice grows and the more clout we carry to shape a better future for our trade.

Things will get better, I truly believe that. The challenges we face are real, but they’re not insurmountable. We control the outcome. By persistently doing the right thing and speaking as one, we can move the needle. Whether it’s securing legislative gains, improving industry standards or changing one customer’s perspective at a time, every small victory adds up.

There is hope for the road ahead. Together, as the Massachusetts Auto Body Association, we’re going to keep driving forward and guiding this industry in the right direction.

MASSIVE CAPABILITY. PERSONALIZED SERVICE.

Thank you for being part of this journey. The fact that you’re reading this means you care about our profession and our community. Let’s make 2026 a year of positive change and a turning point we’ll look back on with pride.

“The Fix in 2026” starts with all of us! By putting customers first, doing the right things for the right reasons and standing together, we’ll build a safer, stronger, more prosperous collision repair industry in Massachusetts.

Here’s to a new year, a new (old) name and a bright future. Together, we can achieve anything.

Happy 2026 to all of you! We’ve got your back in every way.

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