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
6 | Beyond the Dashboard Light: Why PostCollision Calibration is a Lifesaver by Douglas Begin
DIRECTOR’S MESSAGE
8 | The Decision Is Yours… As Is the Jeopardy by Evangelos “Lucky” Papageorg
10 | Behind the Curve: ADALB Recap by Chasidy Rae Sisk 12 | Labor Rate Advisory Board Talks Continue as Deadline Nears by Alana Quartuccio
with Former Industry Journalist Joel Gausten by Chasidy Rae Sisk
Beyond the Dashboard Light: Why Post-Collision Calibration is a Lifesaver
The unfortunate reality of a car accident is that the chaos doesn’t end when the tow truck pulls away. For many vehicle owners, the stress of dealing with insurance claims and finding a reputable repair shop is followed by a lingering question: is my car truly safe to drive again?
In an era of rapidly advancing automotive technology, this question has never been more critical. Modern vehicles are no longer just mechanical machines; they are sophisticated networks of sensors, cameras and computers designed to keep us safe. From adaptive cruise control to lane-keeping assist and automatic emergency braking, these advanced driver assistance systems (ADAS) are the silent guardians that work tirelessly to prevent accidents.
Yet, a dangerous and all-too-prevalent attitude exists within a segment of the collision repair industry – a willful ignorance of the need for post-collision calibration. These “blind-toeducation” repairers operate under a deeply flawed and dangerous premise: if the check engine light isn’t on, the car is fixed. This mindset, born from a combination of a lack of proper equipment, inadequate training or a desire to cut corners, poses a direct threat to the safety of every driver and passenger on the road. It’s a silent danger, a ticking time bomb waiting for the right conditions to fail.
The truth is, a seemingly minor fender bender can knock a vehicle’s intricate sensor systems out of alignment. A bumper replacement, a new windshield or even a side panel repair can alter the precise angles and positions of cameras, radar sensors and ultrasonic parking sensors. While these systems may not
trigger a dashboard warning light immediately, their ability to function correctly has been compromised. The car’s electronic brain thinks it’s seeing a clear path ahead, but a misaligned sensor might be looking a few inches to the left, a few degrees too high or at a slightly different angle.
Imagine a car with a slightly misaligned front-facing camera. The driver relies on the lane-keeping assist to prevent drifting on the highway. But because the camera’s view is off by a fraction of a degree, the system fails to recognize the lane markings, allowing the car to stray into oncoming traffic. Or consider an automatic emergency braking system that, due to a miscalibrated radar sensor, fails to detect a pedestrian stepping into the road. These aren’t hypothetical scenarios; they are the real-world consequences of inadequate repairs.
This deliberate negligence is nothing short of a betrayal of trust. We entrust our vehicles, and by extension the safety of our families, to these repair professionals. When they knowingly skip a crucial step like calibration to save time or money, they are gambling with lives. And while insurance companies bear some responsibility for ensuring fair compensation for these procedures, the ultimate accountability lies with the repairer who puts a compromised vehicle back on the road.
This is a call to action for every consumer. Don’t be afraid to ask questions. Demand to know if your vehicle’s ADAS systems require calibration. Ask to see the manufacturer’s repair procedures. A reputable repair shop will have the necessary diagnostic tools and training to perform these calibrations, and
Jayce
Cameron
Membership Application 2025-2026
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The Decision Is Yours… As Is the Jeopardy
Being a collision repair professional in this day and age is far from being in an enviable position. The frustration of being caught in the middle – between insurance company pressures, increasingly complex vehicle technologies and consumer expectations – can be overwhelming. Each decision you make has consequences, and those consequences ultimately land squarely on your shoulders. The ramifications of every single repair-related choice will come back to roost with you – as does the JEOPARDY associated with that decision.
Last month, we explored the concept of “just deserts” –the idea that there’s no escaping the repercussions of cutting corners or performing improper repairs by deviating from OEM recommendations. That burden doesn’t fall on the insurer. It falls on YOU. Regardless of what the insurer is willing to reimburse their policyholder for at the time of loss, their role is to indemnify the customer – to make them whole again.
But your role is different. You are the repair expert. You are the professional. It is your responsibility to perform a proper, safe and complete repair – and to charge accordingly. That means setting fair and equitable labor rates that reflect the skill, training and equipment necessary to do the job right. It also means refusing to allow third-party influence to dictate the quality of your work. And let’s be clear: there is no “easy button” in collision repair. You don’t get to cut corners, skip procedures or compromise standards without consequences. The work we do is high-stakes – we’re not just reshaping sheet metal; we’re restoring complex, computerintegrated safety systems that affect lives.
Some shops fall into the trap of compromising at the expense of the vehicle owner’s safety to keep an insurer happy – thinking that if they “play ball,” more work will be steered their way. But at what cost? You’re already carrying enormous liability every time a car leaves your facility. Why would you voluntarily add to that burden by making decisions that could endanger lives and expose your business to devastating legal consequences?
Here’s something worth remembering: A doctor doesn’t short-change the patient when they know an insurance company might push back on covering all or part of a required procedure. Why? Because the doctor’s obligation is first and foremost to the health and safety of the patient – not the insurer’s bottom line. The same standard must apply to
your work.
The vehicle is your patient, and your shop is the hospital. You are the doctor – and just like in medicine, you and your technicians must have the proper training, tools and environment to perform the work to the highest standards. There is no room for compromise when it comes to safety, structural integrity or compliance with OEM repair procedures.
Too many repairers have operated under the assumption that it’s their job to “handle” the insurer behind the scenes, shielding the customer from the conflict. But in doing so, they may be unintentionally undermining their own position – and setting themselves up to absorb all of the risk.
Instead, educate your customer. Explain to them what the insurer is – and is not – willing to cover. Show them what proper OEM repairs require and what the consequences of shortcuts could be. When an insurer refuses to pay for a necessary operation or pressures you to use inferior parts, your best defense isn’t to just absorb the cost or give in – it’s to arm your customer with knowledge and give them a voice.
That voice becomes even more powerful when customers understand that they have the right to file a formal complaint with the Division of Insurance (DOI). Every state has a regulatory body tasked with ensuring insurers act in good faith. When a policyholder is denied coverage for proper repairs or subjected to unfair claim practices, they – not you – are in the best position to hold the insurer accountable. But they can’t take action unless they understand the situation. That’s where your guidance becomes invaluable.
The bottom line: Performing proper repairs is nonnegotiable. So is charging appropriately for the work. But equally critical is engaging and educating your customer, and providing them with the resources and support they need to stand up to unfair insurer practices. When you do this, you’re not just protecting yourself and your business – you’re upholding the integrity of the entire industry.
The decision is yours. Just be sure you’re not putting yourself in a position where you are bearing all the JEOPARDY alone, while insurers skirt their indemnification responsibilities.
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by Chasidy Rae Sisk
Behind the Curve: ADALB Recap
The most recent meeting of the Auto Damage Appraiser Licensing Board (ADALB), held on September 23, yet again demonstrated the inequities and shortcomings of the Board licensed under the Division of Insurance and charged with the regulation of motor vehicle damage appraisers in the Commonwealth.
The ADALB continued its review of 212 CMR 2.00 et. seq. with Board member Peter Smith (MAPFRE) honing in on four particular sections. Smith began with proposing a new section be added as 2.02(4)a: Duty to Disclose on a Renewal Application. Due to the recent transition to the National Insurance Producer Registry (NIPR) and electronically processing applications, “there have been an increasing number of license renewals that have had flags on them for various adverse actions on the licensee’s license, and not necessarily in the Commonwealth, but in other states that report to NIPR and so there was really no clear and concise language in the prior renewal language that addressed this,” Smith explained.
Board member Carl Garcia (Carl’s Collision Center; Fall River) took exception to the inclusion of “civil judgment” on the list: “Anyone can sue anyone for anything, right?” Board member Bill Johnson (Pleasant Street Auto; South Hadley/Belchertown) agreed that the Board’s concern was related more to criminal issues like “any type of insurance fraud, fraudulent behavior, thievery, etc.” Smith offered to revisit the language for additional review.
straight appraisal identifying the major damages. I do have a problem when it goes to a legitimate shop, and [the insurer] doesn’t want to pay for certain procedures and proper procedures to put the vehicle back into pre-accident condition.”
Attorney Michael Powers also provided an update on the progress being made by the Auto Body Labor Rate Advisory Board (ABLRAB), sharing a recap of the September 15 meeting. Surveys have been sent to “auto insurance companies in Massachusetts with a market share of one percent or more” and written testimony from experts is currently being gathered. Powers expressed optimism about being able to submit a “helpful recommendation” to the Insurance Commissioner by the December 31 deadline.
Although the meeting began with Chairman Michael Donovan acknowledging the absence of Board member Vicky Wei Ye (Bos Insurance Agency), the meeting proceeded unhindered… until the Board progressed to the complaint review stage of its agenda. “We will postpone [review of complaints] until the next meeting due to the fact that Vicky is not in attendance today,” Donovan announced unequivocally. Johnson and Garcia spoke out, arguing that nothing was postponed when Johnson was absent. “I’d rather table it for the next meeting,” Donovan insisted as he called for a motion to adjourn.
Moving onto 2.02(7) Conflict of Interest, Smith proposed the addition of verbiage to identify the makeup of the ADALB; feedback from Johnson and Garcia indicated the need for additional revisions. The proposed amendment to 2.02(8) seeks to clarify the difference between suspension and revocation, according to Smith, by specifying the conditions under which a license may be revoked and emphasizing the appraiser’s inability to be relicensed.
During discussion about 2.02(9) Drive-in Claim and Appraisal Facilities, Johnson and Garcia heavily emphasized the need to include OEM procedures, and Johnson added the caveat, “I don’t have a problem with an insurance company writing a
The ADALB is scheduled to reconvene on November 18. 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
AASP/MA members are strongly encouraged to listen to the recording of the September 23 meeting in the Members Only section of aaspma.org for a glimpse into the inner workings of the ADALB. View the meeting agenda at bit.ly/ADALB092325 More detailed coverage of this meeting appears in the October/ November issue of Damage Report, AASP/MA’s members-only newsletter.
High Performance and Speed with RAE’s New XPress 1000 SC Riveting System
The new XPress 1000 SC pneumatic-hydraulic riveting system is an optimal choice for repairers in need of a modular, highperformance system for riveting tasks. Designed for versatility and precision, its modular technology supports the use of various adapters, dies and tools, enabling a wide range of rivet types to be processed with just one tool for performance in various applications.
With this upgraded tool, rivets can be processed with impressive speed and setting force to improve efficiency and cycle time in the shop. One of the standout features of the XPress 1000 SC is its patented function for controllable, force-free rapid advance; this “Smart Control” technology ensures precise and safe positioning of tools and maximum control, even during the most sensitive of repair operations. The entire pressing or pulling process can be controlled with millimeter accuracy.
The system can be combined with different hydraulic cylinders and C-arms for enhanced functionality, and delivers precise control with up to 1000 bar hydraulic pressure, ensuring accuracy regardless of the task at hand.
With OEM approvals from most manufacturers, this system
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Labor Rate Advisory Board Talks
Continue as Deadline Nears
The end of 2025 is fast approaching, and as of mid-September, the Auto Body Labor Rate Advisory Board (ABLRAB) was still in the midst of collecting data and determining what type of data would be of the most benefit toward making auto body labor rate recommendations which are to be submitted to the Division of Insurance before the end of the year.
The Board held a public Zoom meeting on September 15 to finalize the terms of a survey that was to be sent to the insurance companies with one percent or more of the market share and returned within 30 days. The data was to be collected by the Massachusetts Insurance Federation. In addition, the Board spent considerable time deciding whether to dive deeper into the results collected via the body shop survey at the start of the summer. In late July, the Board discussed taking a sampling of the 527 responses they had received, which was said to represent about half of the auto body businesses in the state, for “verification purposes” to rule out any potential bias. However, the sampling of this data had yet to be done by the September meeting.
Economist John Kwoka (Northeastern University) called it “a good response rate” and expressed concern that asking a sampling of shops to verify their answers could have a negative response, leaving them feeling challenged. With time running out,
as Peter Smith (MAPFRE) indicated, “We don’t have the luxury of time here as we are knocking on Q4,” the Board agreed to take the body shop labor rate survey data as is.
Discussion evolved into what other considerations need to be taken into account in order to complete the task at hand. Co-Chair Stacey Gotham (Insurance and Financial Services Division) reported she received a spreadsheet listing the reported labor rates from National AutoBody Research for the neighboring states of Rhode Island, Connecticut, Vermont, New Hampshire, Maine and New York. Christopher Stark (Massachusetts Insurance Federation) promised to provide the total labor costs and insurance premiums on the insurance side for the same states for the years 2016-2023.
Considerable time was spent on how deeply the Board should examine inflation rate data. Kwoka stated, “Inflation predictions, under any circumstances, are just that – predictions with a substantial range of uncertainty. Making predictions right now is doubly difficult since a lot of pricing outcomes with the new tariffs and changes in tariffs make predictions even more uncertain. So, every one of the forecasting sources that I usually rely on always have more than usual caveats.” According to some sources, it’s predicted to be roughly between 2.3 and 3.3 percent. “If
we knew the inflation rate was to be eight or 10 percent, it might influence us, but I think what we’re seeing is a moderately rising inflation rate with a considerable amount of uncertainty.”
When discussion led to questions about examining past inflation data, Gotham queried, “I’m not really sure why we’d look at past data; we’re setting a future rate. What is the purpose? Usually with insurance-rate making you have a trend out to the time you expect it to be in effect. I’m not really sure what the purpose of going back in time and trending that data is.”
“Because the labor rates have failed to keep pace with inflation for over 40 years,” Brian Bernard (Total Care Accident Repair; Raynham) responded. “Let’s say we were to apply an inflationary expectation on top of our existing suppressed rate. We would never meet a rate that would be a reasonable rate for repairers to be able to properly pay their own employees.” He referred to data he recently shared with the Board that showed the average labor reimbursement rate across the country to be $67 per hour, while Massachusetts is at about $45, which means “Massachusetts is trailing the national average by nearly 33 percentage points. Meanwhile, if you look at ‘cost of living’ data, Massachusetts has a rating of 141.2 which translates to it being 41.2 percent more expensive to live, work and conduct business in this state than across the average of the country. We have a serious suppression of the labor rate trailing the national average while our state has the third highest cost of living. So, there’s some correction that needs to be made from the past that will allow us a jumping up point to keep things corrected for the future.”
Matthew Ciaschini (Full Tilt Auto Body; West Hatfield) addressed the elephant in the room by telling Gotham, “We’ve been talking about this for nine months, and there still isn’t an understanding of our industry and what the problems have been. We’ve been suppressed. We’re displaying it here. We have a rate that is much lower than the national average. We have a state that is much more expensive to live in than the national average. I do not know how much clearer it can be to get it across to those who
by Alana Quartuccio
are not in our industry. It’s very disturbing.
“There’s an industry dying because of this situation, and we need to do something about it,” he added. “It’s what this Board has been tasked to do.”
Siding with the collision repair professionals, David Brown (Bill Diluca Chevrolet - Cadillac, Inc.) contributed that cost of living rates should be looked at as far as before the rate was fixed, suggesting they may need “to go all the way to the 80s. Take the inflation rate from that way forward.” Gotham suggested that such information is not available, but Brown corrected her by stating that “we know what the rate was fixed at in the 80s once the format was set in place. We take the regular cost of living increase that the federal government stated it should be at and apply it with the rate, and it should give us some idea of what it should be at.”
Stark chimed in stating he disagreed with the previous comments made, citing that “the idea that we’re just going to blanket make this about inflation when the other half of the market wasn’t based on inflation over that period of time is insane to me as a matter of public policy.”
The lengthy discussion resulted in a vote to not collect any inflation data in their study.
Although Bernard, Brown, Ciaschini and Rick Starbard (Rick’s Auto Collision; Lynn) voted against it and Kwoka abstained, the majority approved the action.
The Board was expected to conduct a public hearing on October 29 to gather expert testimony from representatives from the insurance and auto body industries.
VICE PRESIDENT’S MESSAGE
continued from pg. 6
they will be transparent about the process. If a repairer dismisses your concerns or says calibration isn’t necessary because “the light isn’t on,” walk away immediately. They are demonstrating a dangerous lack of understanding and a disregard for your safety.
We need to create a culture of accountability in the collision repair industry. Repairers who refuse to embrace modern technology and follow manufacturer specifications should be shamed for their recklessness. They are not simply performing a poor-quality repair; they are actively endangering every person on the road, including their own families.
As vehicle technology continues to evolve, the distinction between a “repaired” car and a “safely repaired” car will become even more pronounced. The future of collision repair is not just about hammers and wrenches; it’s about software, diagnostics and a commitment to restoring a vehicle to its pre-accident safety standards.
Let’s empower ourselves with knowledge and demand better. When our vehicles leave the repair shop, they should be a testament to a job done right – a testament to a commitment to safety, not a monument to willful ignorance. Our lives, and the lives of those we share the road with, depend on it.
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It really is all in a name. Spray Booth Services and Equipment Sales is and does exactly what it says – they service spray booths and sell related equipment – but their offering goes much deeper than that. The Spray Booth Services and Equipment Sales team makes it their mission to put quality first in everything they do to serve their customers in the New England market.
Owner and founder David Berube’s knack for fixing things paired with an introduction to the collision repair world evolved into an opportunity to launch the business, which has now been serving the New England market for more than 30 years.
Berube had family members who owned collision repair facilities. His brother was in the business of buying facilities and upgrading them for the purpose of sale. “There was one instance where he bought a used spray booth for one of the facilities. When the spray booth needed service a few months later, he found out that the company that sold him the equipment did not perform repairs. So the next call he made was to me. I’m an industrial electrician by trade, so solving problems and figuring things out is probably in my DNA.”
Berube’s introduction to the collision repair world took off from there. He recognized the need for spray booth service, and word travelled quickly. “In fact, I had a small electrical company at the same time, and the spray booth company just took over thanks to word of mouth.”
The company services spray booths of all brands and sizes, but they exclusively sell Garmat USA spray booths. “We service and work on everything, but there is an advantage if you use the brand we sell because not only do we have the intellectual knowledge, we also have the factory support,” Berube explains. In addition to selling and installing, they perform upgrades for shops with energy programs and work to modify accordingly to help shops improve their productivity and cycle times.
What’s kept the business successful all these years is “hard work, details and keeping the same process going over and over again,” Berube says of his commitment to quality service.
Berube heads the sales division, using his technical background to lend high-level support to this technician team out in the field. Because the company serves such a large area, it’s important to “do it right the first time. The end goal is for our customers to have scheduled down time for maintenance once or twice a year depending on their volume of work versus any type of emergency repair that could hurt their overall production.”
Spray Booth Services & Equipment Sales has regularly supported AASP/MA’s events over the years. Most recently, the company came on board as a Vendor Affinity Program Silver Level Sponsor.
“Somebody has to fight the fight, and that is what the association is doing right now,” Berube acknowledges of why it’s important to get behind the Alliance.
He appreciates the fact that AASP/MA provides body shops the opportunity to learn from each other. “On the ground level, everybody thinks that the shop next door or down the block has things figured out that they don’t, or they think that there is something different happening down around the corner. But the truth is, the only thing that’s different around the corner is that the insurance companies know that these shops don’t communicate very well with each other, and that gives them a huge upper hand in terms of what they will pay for. So, having a collective body that not only fights for the future but keeps communication open between like-minded shops makes a huge difference for the safety of repairs and for the industry overall.”
Writing a Different Story: Catching Up with Former Industry Journalist Joel Gausten
For the past couple years, New England Automotive Report has been catching up with former industry leaders from the Commonwealth, but as we were reminded in the September cover story (available at grecopublishing.com/near0925coverstory), some industry professionals never worked in a shop. Long-time readers will certainly be familiar with Joel Gausten, former editorial director at Thomas Greco Publishing, who curated this magazine for many years before he decided to take his talents to other fields. Keep reading to find out what he’s been doing and what exciting projects he has in the works!
New England Automotive Report: What was your role within the collision repair industry, and how long were you in that role?
Joel Gausten: I was the managing editor (later editorial director) for Thomas Greco Publishing (TGP). In this role, I oversaw the editorial content and direction for the company’s automotive industry-related publications, including Damage Report and New England Automotive Report. My first stint at the company was from the summer of 2000 to the spring of 2003. After spending some time in Los Angeles – where I served as the managing editor for a biweekly gambling publication – I returned to New Jersey and TGP in the early winter of 2006. In 2009, I relocated to New Hampshire and began working remotely for the company – quite a rarity at the time. I left my position at TGP in the fall of 2021.
NEAR: How did you land in this field? Tell us about your experiences and how that led you to become a journalist in this field.
JG: Anyone who spends five minutes with Tom Greco knows he’s a big music fan. In addition to his decades-long history of publishing automotive industry trade magazines, he published a music magazine called Liner Notes for several years until 2001. Tom was looking for a new managing editor for the company, and I figured my experience writing for a weekly music newspaper in the area would make me a great fit. Tom agreed concerning the music magazine, but he was reluctant to hire a 23-year-old kid fresh out of school who didn’t have much experience covering hard news, let alone the auto industry. Well, I figured it was my job to convince him. As Tom can confirm, I called the office relentlessly until he finally caved in and hired me.
NEAR: What challenges did you face when you first began writing about collision repair?
JG: At 23, I knew nothing about the collision repair industry and didn’t know how to change a tire. Now, at 48, I know a few things about the collision repair industry…and still don’t know how to change a tire! How did I survive for so long as an automotive journalist? I’ve always believed that good journalists focus on people. Once you understand the people for whom you’re writing, you can write anything. As soon as I started at TGP, I scheduled time to meet with various shop owners to learn about their lives and careers. They all struck me as hardworking individuals who genuinely wanted to do the right thing for their customers. I was always proud to cover their industry.
NEAR: Anything memorable from your time reporting on the association that you’d like to share or reflect on?
JG: There are so many things, but certain people stand out. First, how lucky is this industry to have Rick Starbard in it? He was by far the most active industry member I covered – and he somehow always returned a phone call. I’m convinced he has a superpower that enables him to live without sleep. Former AASP/MA President Bill Cahill had a warmth, calmness and quiet strength that guided the association through some very challenging times, and Jeff Loeser’s wit and no-BS attitude had a way of cutting through tension in a flash. The Western Chapter always made me feel welcome, and the events
organized by Joann Nalewanski were legendary.
Tom Ricci is one of the best people I’ve met in any walk of life, and his work with Rick and Paul Hendricks in merging CMARA and MABA into AASP/MA reshaped the association in inspiring ways. And speaking of Paul, the joy in that guy’s smile and sense of humor is matched only by his serious, toughas-nails advocacy for this industry. Oh, and who’s nicer than Mike Penacho?
Gary “Cloots” Cloutier is a great guy who is always ready to roll up his sleeves and help others, and Molly Brodeur’s selflessness and dedication are peerless. And let’s face it, Lucky Papageorg is one-of-a-kind – endearingly eccentric, smarter than the average bear, big-hearted, generous and passionate about what he does. I miss working with him, even if I don’t miss those after-hours texts! (Just kidding, Lucky. Text me anytime.)
I’m also grateful to have crossed paths with the late Mike Beal, Walter Thomas, Peggy Cahill and the incomparable father-and-son team of Tom and Chris Colo. I miss them all and think of them often and fondly.
NEAR: When did you decide to “retire,” and why?
JG: Honestly, after 20-plus years, the constant travel started to get to me. As much as I loved my job and the industry, I began to feel like a stranger in my home. When I watched my stepson get in his car and leave for college in Arizona, I realized just how many milestones I had missed by being on the road so much. When the pandemic subsided and the national events returned, I decided I didn’t want to live out of a suitcase again. After I left TGP in 2021, I spent about 18 months working in the social services field here in New Hampshire. It was rewarding to apply my skills in ways that helped people in my direct community, and it was everything I needed at the time. I left TGP on very good terms and have remained in touch with everyone there.
NEAR: Do you think the industry has changed since you stepped away? In what ways?
JG: I say this respectfully, but it hasn’t changed enough! Why is the industry still debating the importance of ADAS repairs – or repair standards in general – in 2025? Why aren’t vocational school advisory boards overrun with volunteers from the collision repair industry? Why hasn’t the ADALB
by Chasidy Rae Sisk
[Auto Damage Appraisers Licensing Board] been forced to actually serve its purpose? I know I’m not alone in asking these questions.
NEAR: What is the one thing you think you got out of writing for this industry that you would not have gotten in another industry?
JG: I learned the value of doing things with a full heart and standing up for what’s right. Association leaders are mostly volunteers – they do this in their own time and at their own expense. How many hours has someone like Rick, Cloots, Molly, Tom Ricci or Jim Marshall spent away from work and their families to better their industry? It takes a rare breed of person to do that. The auto body community is built on resilience and firm beliefs, and I’ll always respect and treasure that.
continued on pg. 24
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THEY] NOW?
continued from pg. 19
NEAR: What was your favorite topic in collision repair to write about? Do you have a favorite article you’d like to share?
JG: Photographing and covering President Obama’s commencement speech for Worcester Technical High School at the DCU Center for the July 2014 issue of New England Automotive Report was a highlight. It was wild having the White House call my apartment in New Hampshire to confirm my
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official press credentials and then having the Secret Service escort me to the photo pit when I arrived on site! I received invites from the White House to cover President Obama for months after that event, but my schedule prevented me from accepting those offers.
NEAR: Anything you want to say to NEAR readers?
JG: If you’re not a member of AASP/MA, join today. The association – and your industry – needs you to be involved. Don’t just complain – contribute!
NEAR: What are you doing/writing about now? Do you have any hobbies you’d like to share?
JG: I left the social services job to accept a position as a media editor for a major international nonprofit. In the role, I did everything from editing video to polishing press releases – often in the middle of the night at a moment’s notice when latebreaking news hit in Japan, India or anywhere else in the world. You haven’t been an editor unless you’ve had to remember and apply the nuances of Australian English at 2am on a Sunday after being called out of a dead sleep to review a press release that needs to go out in 30 minutes!
Editing content with celebrity spokespeople was an interesting part of the job. Working on campaigns with actresses Alicia Silverstone and Bella Thorne and serving on the editing team for a docuseries executive-produced by comedian Bill Maher were among the highlights.
Currently, I work remotely as a full-time ghostwriter for an agency based in the Pacific Northwest. I have more than 40 clients and write everything from true crime stories to pop culture pieces to Bible lessons. Ghostwriting requires confidentiality, so I can’t reveal my clients. That said, there’s a strong chance you’ve encountered my work without knowing it!
As for life outside of work, I’m currently negotiating with two publishers for a major book deal. Although it’s too early to announce, it appears I’m at the point where I just need to see which one will present the best offer. My fingers are crossed and ready to get to work.
I’ve also been a drummer for the better part of 40 years. Most recently, I performed on an album with members of Nine Inch Nails and TOOL.
I wish everyone reading this much success and happiness in life. It was an honor covering your industry for so many years, and I look forward to seeing where AASP/MA goes next. In the words of musician Joe Strummer, “The future is unwritten.” Make your story a great one! [WHERE ARE
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The Neverending Debate On Aftermarket Parts
Gaps, misalignments, improper functioning…every collision repair professional recognizes the likelihood of encountering these challenges when dealing with aftermarket parts instead of OEM parts. Yet, collision repairers often find themselves being pressured to utilize these parts based on third-party payers’ insistence that they are of “like kind and quality.”
A simple Google search for “are aftermarket parts of like kind and quality” yields an AI overview response that reads: “No, aftermarket parts are not inherently of ‘like kind and quality’ as Original Equipment Manufacturer (OEM) parts; while some
aftermarket parts are designed to meet OEM standards, many are not, and their quality, fit and durability can vary significantly.”
Those significant variances result from the way that aftermarket parts are made, through reverse engineering. This calls for aftermarket manufacturers to dismantle an original part to analyze the materials, dimensions and other details used to create their own version of the part. Although reverse engineering is a commonly accepted method, some engineers have expressed concerns with the use of this practice in the development of aftermarket parts. And that can lead to big safety concerns.
by Chasidy Rae Sisk
Flaws in the reverse-engineering process can create flawed products, Dr. Kristen Wood, a mechanical engineering professor, testified during a 2009 appeal to Smith v. American Family, a class action lawsuit in Missouri. Emphasizing that function and performance are more important determinants than appearance and fit, he warned of the “real world consequences” of using aftermarket parts.
Engineering consultant Paul Griglio made a similar argument, noting that the aftermarket manufacturing process can not attain the specifications and tolerances of an OEM part because
the aftermarket specifications are derived from the original part rather than being able to rely on the specifications governing the manufacture of that part.
Ultimately, the $17 million verdict in Smith v. American Family was reinstated during the appellate hearing, with the jury determining that the installed aftermarket parts were not of like kind and quality as described in Missouri Aftermarket Parts Rule, 20 CSR 100-1.050(2)(D)2.A, which prohibits insurers from
continued on pg. 28
continued from pg. 27
requiring aftermarket parts be used unless they are “at least equal in kind and quality to the original part in terms of fit, quality and performance” [emphasis added].
So, how can you determine if a part performs the same? Attorney Todd Tracy of John Eagle fame partnered with several collision repairers to crash-test four Honda Fits, releasing their findings in February 2018. A red 2009 Fit was repaired using unapproved procedures, while repairs on the blue 2013 Fit were performed using OEM procedures with aftermarket parts, including a CAPA-certified hood and fenders, as well as a non-CAPA certified aftermarket radiator support, bumper reinforcement bar, left and right hood hinges and windshield. An unaltered black 2010 Honda Fit served as the control vehicle, and the fourth vehicle, a light blue 2010 Fit received OEM parts and was repaired according to OEM specifications.
All four vehicles were shipped to Karco Engineering in Adelanto, California, a crash testing facility approved by the National Highway Traffic Safety Administration (NHTSA), where they were subjected to the Insurance Institute for Highway Safety’s (IIHS) 40 mph moderate-overlap crash test. Their findings will come as no surprise to the experienced collision repair professional.
The differences between the vehicle repaired with aftermarket parts compared to the Fit repaired with OEM parts were staggering! “The aftermarket car experienced structural failures that the other two vehicles did not,” Tracy indicated, calling the test “proof that aftermarket parts and non-OEM methods destroy safety and increase the likelihood of injury.”
Yet, the IIHS stood by its previous conclusion “that some aftermarket non-OEM parts can meet these requirements” in an advisory issued that year (available at bit.ly/IIHSFit.)
“Can” and “do” are two entirely different things. The inconsistency of aftermarket parts is well-documented. Even the Certified Auto Parts Association’s (CAPA) website acknowledges, “Quality can vary widely. Just because a part is identified for a specific make and model vehicle is no guarantee it will fit, perform, last or be as safe as the original.”
CAPA was established in 1987 to “set up and oversee a testing program to assure the suitability and quality of automotive replacement parts.” They claim their quality seal “provides proof positive that the part will fit, perform, last and be as safe as the part it replaces.”
Dr. Wood disagreed, testifying in Smith v. American Family that CAPA does not require the safety features on certain OEM parts to be reverse-engineered into the aftermarket alternative and concluding, “It is highly unlikely that CAPA-certified parts or imitation parts will be [of] like kind and quality to OEM genuine parts.”
And it’s been repeatedly proven that CAPA-certified parts fall short of meeting those standards. In 2016, Mike Parker, a collision
“Quality can vary widely. Just because a part is identified for a specific make and model vehicle is no guarantee it will fit, perform, last or be as safe as the original.”
industry consultant and the former owner of Parker’s Classic Autoworks (Rutland, VT), used a Rockwell hardness tester on ultra high strength steels components to prove “The hardness of the CAPA-certified aftermarket parts were significantly different than the OEM parts they were supposed to replace.
“The results are poorly – even unsafely – repaired vehicles,” Parker stresses, explaining why he believes aftermarket parts are not of like kind and quality. “Aftermarket parts are made by reverse engineering. They do not have the print; therefore, they do not know if the part is in tolerance. CAPA does not have the print and use their own tolerance to inspect the parts.”
In a 2019 survey conducted by the California Autobody Association, nearly half (49 percent) of respondents indicated that 75 percent of CAPA parts were not the equivalent of OEM parts in terms of fit, function and finish. Of course, since CAPA doesn’t actually make the parts, blame is easily directed to the aftermarket parts manufacturer, and when there is a recall, those companies are responsible for alerting the public. CAPA decertifies parts for this reason or if they find the part no longer meets their standards.
But what happens when a CAPA-certified part is decertified? In truth, not much. CAPA issues a public safety notice, but since they do not manufacture the product, they do not facilitate the recall, so shops and consumers may be unaware of the danger. This happens fairly frequently; CAPA had decertified nearly 60 parts year-to-date by August, transferring the impetus to perform any real action onto the shop that installed the part or has it in their stockroom.
Parker has only experienced such a notice once, related to aftermarket headlights. “CAPA sent letters out to the shops to run down the bad aftermarket headlights they installed. To do it, the shop had to look up all the Honda Accords they did, see which ones they installed an aftermarket headlight on and call the owner. How many shops do you think actually went through that process? If an aftermarket structural part was put on and it was found to be defective, most vehicle owners would never find out.”
If aftermarket parts don’t fit the same, don’t perform the same
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Sean G. Preston, Esq
No Way Around OE Procedures: Shops Can’t Avoid Liability
The call usually starts the same way. A shop owner, frustrated after going back and forth with an insurer, asks me: “Sean, can’t I just have the customer sign something? A hold harmless form or waiver? The insurer won’t pay for the OEM-mandated safety inspection, but I don’t want to lose the job or upset the customer.”
It’s a fair question, and it’s one I hear often. Insurers have gotten comfortable saying, “We don’t pay for that,” whether “that” is a required post-repair scan, an ADAS calibration or even structural welds. Shops are left stuck between the insurer’s refusal and the OEM’s clear repair instructions, wondering if there’s some paperwork that can protect them if they go along with the insurer.
The reality is: there isn’t. No signature on a piece of paper can shield a repairer from liability if they release an unsafe vehicle. And the risk doesn’t stop with the customer who signed off on it. That car will likely change hands, carry family members, share highways with other motorists and interact with pedestrians. Once a shop skips an OEM procedure, the liability web extends to anyone who might be harmed down the road.
That’s why this conversation is so important. There’s no way around OE procedures – and shops need to understand why a hold harmless agreement won’t work, why insurers don’t carry the liability for shortcuts and why the safest and only defensible position is to follow OEM standards every time.
OEM Procedures as the Legal and Practical Standard
Most collision repairers have heard of the John Eagle case. It shook the industry back in 2017, and for good reason: a Texas jury held a shop largely responsible for life-altering injuries suffered by Matthew and Marcia Seebachan after their Honda Fit failed catastrophically in a collision. The shop had panel-bonded a replacement roof instead of welding it as Honda’s OEM procedures required.
What’s often less understood is why the jury placed so much blame on the shop. It wasn’t simply that the repair deviated from the OEM bulletin. It was that the deviation represented a reckless disregard for safety – the legal definition of gross negligence. The plaintiffs’ expert explained that adhesive instead of welds compromised the vehicle’s crash energy management, and the jury agreed that this made the crash far worse than it should have been. That single decision by the shop became the central cause of the
Seebachans’ injuries.
This is the lesson the industry still struggles to internalize: OEM procedures are not just suggestions, they are the standard of care. In court, no insurer’s directive and no “we’ve always done it this way” practice will carry more weight than the manufacturer’s documented repair instructions. Judges and juries look to the OEM as the expert on how its vehicles must be repaired. If a shop departs from those instructions, it owns the consequences – not the insurer who refused to pay, not the customer who signed a release, but the shop that put an unsafe vehicle back on the road.
And the stakes are even higher today. With advanced driver assistance systems (ADAS) now standard in most vehicles, failing to perform OEM-specified calibrations or inspections can silently disable safety features designed to prevent or mitigate crashes. As recent testing has shown, a miscalibrated system can appear functional but fail to activate when needed – turning what should be a near miss into a serious collision. Just as in John Eagle, the liability falls on the repairer who cut the corner, not on the insurer who pushed them to do it.
Why ‘Recommendations’ Are Really Requirements
OEM repair documentation sometimes says a procedure is “required,” other times “recommended.” Insurers seize on that difference to argue that a “recommendation” is optional –something they don’t need to pay for, and something a shop can skip. That argument is wrong, and dangerous.
The reason for the different wording comes down to context. When an OEM says “require,” it’s usually addressing a technical necessity – welds, calibrations, structural integrity – where Magnuson-Moss warranty law isn’t in play. When they say “recommend,” it’s often to avoid running afoul of the MagnusonMoss Warranty Act, which prohibits manufacturers from conditioning warranty coverage on branded parts or dealer-only service unless those parts or services are provided free of charge. Using the softer word “recommend” shields OEMs from warranty tie-in accusations, but it doesn’t change the engineering reality: the step is necessary for safe vehicle performance.
For repairers, that distinction is meaningless. In court, both
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continued from pg. 32
“require” and “recommend” function as the legal standard of care If you skip either, and that omission contributes to a later crash or injury, liability falls on the shop.
Think of it this way: OEMs also “recommend” regular oil changes. No responsible shop would advise a customer to ignore them. The same applies to scans, calibrations, or welds –“recommend” is the OEM’s legal workaround, not permission to cut corners.
When it comes to safety and liability, “recommend” really means “require.” Always.
You Cannot Shake Gross Negligence
When a shop skips an OEM procedure, it isn’t just making a mistake. The law views it as something far more serious: gross negligence. Unlike ordinary negligence – a simple lapse in judgment – gross negligence is a reckless indifference to the safety of others. Courts often equate it to wanton or willful misconduct: knowing the danger exists and choosing to proceed anyway.
That’s the key distinction. Shops are the experts. They know what the OEM procedures say. They understand that skipping a post-repair scan, a weld or an ADAS calibration puts not only the customer, but everyone else on the road, at risk. When that knowledge is ignored, the law doesn’t see an accident – it sees a conscious disregard for human safety.
And here’s the heart of it: a waiver can sometimes cover ordinary negligence, but it can never cover gross negligence. Think about it this way: when I take my kids to a trampoline park, I sign a release acknowledging they might twist an ankle or bump a knee. That’s ordinary negligence – the everyday risks of play. But what if the trampoline park decided to light the trampolines on fire and still let kids jump? That’s gross negligence – reckless, wanton, willful – and no signature in the world would protect them.
Courts consistently reject attempts to contract around gross negligence because public policy demands it. Otherwise, we’d be sanctioning reckless behavior that puts lives at risk. In collision repair, releasing a car without following OEM procedures is no different. It isn’t just about one customer. The ripple effect of an unsafe repair can reach:
• A subsequent buyer who never knew about the shortcut,
• Family members or passengers riding in the vehicle, or
• Other motorists and pedestrians when a compromised safety system silently fails.
This is why hold harmless agreements are worthless in this context. Gross negligence cannot be waived. If you knowingly release an unsafe car, the liability sticks to you – and the law will treat that choice as wanton or willful disregard for the lives of others.
The Insurer Conflict:
“We
Don’t Pay for That”
Every shop has heard the phrase: “We don’t pay for that.” Insurers use it as a catch-all to deny procedures – especially when the OEM labels them “recommended.” The result is that shops are left cornered, staring down three bad options:
1. Eat the cost themselves, eroding already thin margins, 2. Bill the customer, who often lacks the funds or assumes insurance will pay, or
3. Skip the step, hoping nothing goes wrong.
That last option is where the real danger lies. Skipping an OEM-mandated inspection, calibration or repair procedure doesn’t shift liability to the insurer – it leaves the shop holding the bag. If the vehicle fails, the lawsuits will come against the repairer, not the carrier who denied payment. Courts, juries and the public expect the shop to be the expert and to protect safety, no matter what an insurer says.
And lawmakers are beginning to recognize this imbalance. In recent years, multiple states have introduced bills or debated measures aimed at requiring OEM procedures or strengthening accountability when insurers pressure shops to cut corners. The momentum reflects a public policy truth that should already guide every repairer: unsafe repairs endanger everyone, not just the paying customer.
That’s why “We don’t pay for that” cannot be the end of the story. For shops, the legal and ethical response must always be the same: “We don’t skip that.”
Consumer Education: Why It’s Non-Negotiable Shops can’t assume that customers understand the stakes. Most vehicle owners believe their insurance company decides what’s “necessary,” and they trust that if something isn’t covered, it must not be important. That’s why it falls on the repairer to set the record straight.
The message needs to be simple:
• OEMs are the experts. They designed and tested the vehicle, and their documented procedures are the only authoritative source on how it must be repaired.
• Insurer denials don’t change the laws of physics. A car won’t absorb crash energy differently, and an ADAS system won’t self-calibrate, just because an adjuster says the step isn’t payable.
• Unsafe repairs put lives at risk. Not only the customer’s family, but future owners, passengers and everyone else on the road can be endangered if OEM standards are ignored.
For shops, this conversation can feel awkward – but it is one of the most powerful forms of protection. When customers understand that insurer denials don’t make a repair optional, they are more likely to push back with their carrier, and they are less likely to blame the shop if payment becomes a dispute.
A clear script helps keep the message consistent:
“We can’t legally or ethically skip these steps. The manufacturer says they are necessary for your safety. If your insurer won’t pay, we’ll help you pursue that — but we won’t release a vehicle unsafe for you or for the public.”
This isn’t just about managing
liability – it’s about creating informed consumers who understand that safe repairs aren’t negotiable.
Shop Survival: The Action Plan
If insurers won’t pay and waivers won’t protect you, what can shops do? The answer is to shift from defense to offense – by controlling the documentation, the message and the strategy.
• Document refusals. Every time an insurer denies an OEM procedure, put it in writing. Reference the OEM bulletin, attach it to your file and note that the insurer has chosen not to reimburse. This paper trail is one of your strongest defenses if a dispute escalates.
• Stand firm. Adopt a clear policy: “We don’t do unsafe repairs.” Make it part of your culture, your estimates and your customer conversations. This isn’t about being difficult – it’s about making safety non-negotiable.
• Frame it as public safety. Don’t just
talk about liability or shop survival. Position your stance as protecting the community: every properly repaired vehicle makes the roads safer for families, passengers and other drivers. This framing builds credibility with customers and lawmakers alike.
• Leverage legislative momentum. Several states have begun moving toward laws that require OEM procedures or restrict insurer interference. Even if those bills aren’t law everywhere yet, they signal a growing recognition that safe repairs must be mandated. Use that trend to reinforce your stance with both customers and insurers.
• Build network defense. No shop should fight this battle alone. Work with trade associations, industry coalitions and attorneys who understand the collision industry. Collective pushback – whether through shared documentation, legal action, or lobbying – is far more powerful than one shop trying to
stand up to a carrier by itself.
Shops that put these pieces in place don’t just survive insurer denials – they protect themselves, their customers and their communities.
Conclusion: Safety Isn’t Waivable
At the end of the day, OEM compliance is not optional. Liability doesn’t stop with the person who signed the repair order – it follows the vehicle wherever it goes, to every future owner, every passenger and every other driver on the road.
That’s why gross negligence can never be waived. Skipping OEM steps, whether at an insurer’s insistence or to save a customer money, isn’t a paperwork issue –it’s a willful disregard for safety that puts the shop squarely in the category of gross negligence. Courts know it, juries know it, and the public expects better.
Insurers may continue to be shortsighted, focused only on shaving costs in the moment. But shops can’t afford to play that game. The risks are too high, and the liability is too real.
The only safe, ethical and legally defensible position is to follow OEM procedures every time. The shop that insists on doing so isn’t just protecting its own business – it’s protecting its customer, its community and everyone who shares the road.
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 Rolls-Royce'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) 6355329 or via email at spreston@coveralllaw. com
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and are not recalled the same as OEM parts, it seems evident that they are not truly of “like kind and quality,” but what does that really mean? One reason these concerns persist boils down to a lack of consistency in what “like kind and quality” means. As seen earlier, Missouri specifies the need for an aftermarket part to be at least equal in fit, quality and performance to the OEM part, but other states define this in various ways.
Rhode Island’s General Laws § 27-10.2-3 requires any aftermarket parts used in a repair to “be at least equal in kind and quality to the OEM parts in terms of fit, quality and performance.”
In New Hampshire’s statutes, Chapter 407-D:3 specifies, “No insurer shall require the use of aftermarket parts in the repair of an automobile unless the aftermarket part is at least equal in like kind and quality to the original part in terms of fit, quality and performance. Insurers specifying the use of aftermarket parts shall consider the cost of any modifications which may become necessary when making the repair.”
Arguably, a part’s ability to perform the same is the most important “likeness” factor from a safety perspective, yet many states do not include performance in their descriptions of like kind and quality. Both Connecticut’s General Statutes and Vermont Statute 79-2 Section 8A reference the need for parts of like kind and quality that “conform to a reasonably uniform appearance” with no
mention of how those parts might perform. In Massachusetts, 211 CMR 133.04 defines a part as being of like kind and quality if “it is of equal or better condition than the preaccident part.”
Meanwhile, since the term remains unclear, insurers often write estimates that include these cheaper components based on policy language allowing for “like kind and quality” – despite the fact that they aren’t the ones who hold liability for the repair, unless they elect to repair (which they almost never do).
“They should not co-mingle the options, but they do, on every claim,” Parker vents. “When they elect to repair, they take the keys and control scope, methodology and cost, but they are liable for the quality and safety of the repair. If they elect to settle in money, they forfeit their right to interfere with the repair contract between the owner and the shop. After they elect to settle in money, why would they have a right to dictate aftermarket parts – especially structural parts – when they have zero liability?
“If insurers are allowed to interfere with the repair contract and dictate the use of aftermarket parts, there should be laws or statutes that declare it an automatic breach of contract if the parts are proven not to be of like kind and quality,” he suggests.
