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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
A Call for Clarity: Strengthening the Right to Appraisal in Massachusetts
The relationship between auto body shops and insurance companies is a delicate dance, often strained by disagreements over the cost and scope of vehicle repairs. In Massachusetts, we have a mechanism for resolving these disputes: the Right to Appraisal clause, a provision found in most collision and comprehensive insurance policies. While this clause is designed to protect both the insured and the insurer, its current application and regulation leaves much to be desired, creating a confusing and often unfair landscape for auto body professionals and their customers.
As members of the Massachusetts auto body community, we are on the front lines of this battle. Every day, we encounter low-ball estimates, unjustified denials of repair procedures and the constant pressure to compromise on quality to meet an insurer’s arbitrary figure. When an impasse is reached, the Right to Appraisal should be a clear, efficient path to a fair resolution. However, in practice, it is often a convoluted and burdensome process that lacks the robust regulation seen in other states.
Massachusetts’s Current Framework
Massachusetts General Law, Chapter 175, Section 191A, lays the groundwork for the appraisal process. It states that if the insured and the company “fail to agree as to the amount of loss,” each party can select a “competent and disinterested appraiser.” The two appraisers then select a neutral umpire, appraise the loss, and if they fail to agree, submit their differences to the umpire. A decision agreed to by any two of the three determines the final amount of the loss. This sounds reasonable on the surface, but the devil is in the details – or rather, the lack thereof.
The regulations governing this process, primarily within 212 CMR 2.00, focus heavily on the licensing and conduct of appraisers.
They mandate personal inspections, require itemized appraisals and prohibit conflicts of interest. However, they are largely silent on the specific procedures and timelines for invoking and executing the appraisal process when a dispute arises. This regulatory gap allows for inconsistencies and roadblocks that can delay repairs and financial settlements for months.
The Comparison: How Other States Do It Better
Contrast Massachusetts’s approach with states that have more explicit and consumer-friendly regulations. In Texas, for example, the Right to Appraisal is a well-known and actively utilized tool. The regulations are clearer on the process and empower both the consumer and the repair shop. Auto body shops in Texas are often active participants in helping customers invoke this right, sometimes even assisting with the cost of the independent appraiser to ensure a fair outcome. This shared commitment highlights a key difference: in Texas, the Right to Appraisal process is seen as a legitimate and accessible means of dispute resolution, not a legal quagmire. Similarly, states like Rhode Island have explicit regulations aimed at protecting the consumer’s Right to Appraisal for auto damage disputes when a policyholder and insurer can’t agree on a repair cost. Each party hires a licensed, disinterested appraiser. The insurer’s appraiser must inspect the vehicle within four business days. If the appraisers can’t agree, they exchange proposals. If they are within 15 percent of each other, the loss is the midpoint. If not, they select a neutral umpire. The umpire’s decision, or an agreement by two of the three, is binding. If the final award exceeds the insurer’s initial offer by more than 25 percent, the insurer pays the
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Today’s AI: Authentic Individuals
Like many industries, the collision repair sector is undergoing dramatic changes, driven by a variety of pressures. The constant evolution of vehicle technology, combined with rising costs – equipment, training, insurance, employees and liability once the vehicle is returned – can be mindboggling. Those committed to the long-term health of their business have had to make some very tough decisions. By cautiously embracing these changes, you’ve steadily improved your business – for yourself, your customers and your employees. These improvements come with cost and pain, but then again, does anything worthwhile come without sacrifice, struggle or thinking outside the proverbial box?
In this issue’s cover story, you’ll read about individuals who have successfully thought beyond the boundaries of the traditional collision repair shop environment and yet have remained integral contributors to our industry. Kudos to those who have carved out a niche, contributing to the industry in new and meaningful ways.
Lest you think I’m encouraging people to leave the shop in search of success elsewhere, let me be clear – nothing could be further from the truth. In an age where many industries are feeling pressure from technological advances like artificial intelligence (AI), I believe AI will enhance the work of collision repair professionals, not replace them. It will help us do what we do best – repair damaged vehicles – more efficiently and effectively. In my opinion, no level of AI intervention will ever replicate the precision, skill and care our technicians bring to their craft. (See the feature story on page 16).
We’ve already seen AI make inroads into estimating, particularly among insurers implementing AI-generated estimates. Rather than resisting this trend, many repairers have embraced similar technologies to streamline the estimating process. Software like “Jumpstart” helps generate preliminary estimates quickly and efficiently. As defined by AI: “Various businesses offer services that ‘jumpstart’ or accelerate the estimating
process, particularly in industries like construction and auto repair. These services often leverage technology and expertise to generate initial estimates quickly and efficiently, providing a starting point for more detailed analysis.” The construction industry has already adopted this approach, allowing experienced contractors to produce plans using industry-required standards, speeding up bids and winning more work. Sound familiar? Wouldn’t you like to be more efficient, productive and profitable?
It’s understandable that some individuals fear a “robot” will one day take their place. But I believe the collision repair industry is uniquely positioned to withstand the downsizing pressures other sectors face. Ironically, it’s the insurance industry – whose appraisers are already seeing their work outsourced to AI counterparts – that may be more at risk.
In the shop environment, embracing AI can free up key staff to focus on customer interaction and relationship-building – something AI will never replicate. There’s no substitute for human empathy when dealing with a vehicle owner who’s just experienced a traumatic event. Additionally, no photo, regardless of angle or clarity, can replace a personal inspection or produce a precise blueprint for repair. Likewise, no AI can execute a repair with the care and attention today’s vehicles demand. By allowing your team to focus on what truly matters, you’ll stop wasting time writing “estimates” for “tire kickers” and prevent real dollars from slipping through your fingers.
That said, we must also acknowledge potential abuses. AI is not infallible – at least, not yet. I’ve seen demos of AI-generated estimates written from photos of vehicle damage which looked impressively thorough. The catch? The “damage” in the photo was also AI-generated. This “ability” to game the system raises red flags for insurers, who are understandably cautious about relying too heavily on AI. Another concern is the possibility of negotiating with an AI system instead of a person. We, as an industry, must be vigilant to ensure such scenarios are avoided – or that proper safeguards are in place to protect both repairers and vehicle owners.
At the end of the day, Authentic Individuals are the lifeblood of our industry – from front office staff to technicians to those in cleaning and detailing. It all comes down to how we elect to use AI in the collision repair process. When treated as a tool, AI has the potential to improve every phase of the process: from estimating, to landing the job, to intake, to repair and final delivery. AI can help forward-thinking repairers adapt to the shrinking pool of Authentic Individuals choosing collision repair as a long-term career – and make the most effective use of everyone who does.
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by Chasidy Rae Sisk
The agenda for the July 22 meeting of the Auto Damage Appraiser Licensing Board (ADALB) included a handful of things to be discussed, but in typical fashion, half of the actionable items were pushed back to future meetings, beginning with the first order of business.
Minutes from the May meeting had not been prepared for approval, so that vote was pushed back. The scheduled review of Complaint 2025-18 was also delayed since the Board had not yet received a response from the appraiser in question.
The call to continue the review of 212 CMR 2.00 led to another postponement as Board member Peter Smith (MAPFRE) admitted that he and Board member Carl Garcia (Carl’s Collision Center; Fall River) had been unable to prepare revised verbiage pertaining to the duties of insurers and repairers as promised in May. Smith offered to reconcile the additions and deletions made to-date and send them to the Board members to “keep things moving at the next meeting.”
AASP/MA Executive Director Lucky Papageorg sought clarification on the matter of ethics and conflicts of interest that was raised nearly two years ago, related to who can vote on specific
issues. Attorney Michael Powers indicated that he was in the process of gathering detailed information about each Board member’s professional interactions with the insurance industry to submit to the Ethics Commission to review and issue advisory opinions on each individual.
Powers provided an update on the Auto Body Labor Rate Advisory Board’s (ABLRAB) progress which is “proceeding in a business-like fashion.” By that point, the ABLRAB had held several meetings, including the public hearing on June 12 (read the recap at grecopublishing.com/near0825coverstory). “About 15 witnesses testified,” Powers shared. “Now, the Board is in the process of gathering information about the labor rate from the auto body industry” via a questionnaire which has elicited around 500 responses from body shops in the state.
The next step for the ABLRAB will be to survey the insurance industry, according to Powers. Another public hearing will take place in September for the ABLRAB to hear testimony from “industry experts on both sides of the equation. We’re doing exactly what we’ve been asked to do,” he added, expressing the belief that the advisory board will file a report by December 31 as ordered in the law. (Read more about the ABLRAB on page 13).
The ADALB is scheduled to reconvene on September 23. 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 July 22 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/ADALB072225. More detailed coverage of this meeting appears in the August/September issue of Damage Report, AASP/MA’s members-only newsletter.
by Alana Quartuccio
Labor Rate Advisory Board Weighs in on Surveys and Next Steps
Labor rate talks continued over the summer as much work still needs to be done.
In late July, the Auto Body Labor Rate Advisory Board (ABLRAB) weighed in on the data collected from the labor rate survey sent to registered body shops in June and reviewed the intel needed via an insurer survey in their research to determine what a fair and reasonable labor rate should look like in Massachusetts.
Co-chair Stacy Gotham (actuary of the Insurance and Financial Services Division) launched a lengthy discussion about the validation of the shops who were surveyed by indicating concern that the 525 respondents out of the 1,019 body shops surveyed “aren’t somehow biasing the data” and should “represent the general [body shop] population.”
When she suggested taking a closer look at the shops that responded, Brian Bernard (Total Care Accident Repair; Raynham) expressed, “If we have 500plus responses from the survey, I’m trying to understand the science behind doing a sampling of those shops. In my mind, if 500 people show up and vote at the polls, every one of those 500 votes gets counted.” Gotham stated the sampling would be for “verification purposes” and they would perhaps “obtain some additional characteristics” to “check for potential bias in the data.”
Rick Starbard (Rick’s Auto Collision; Revere) recalled the Board agreeing previously to do an audit of some of the shops for further information as needed. As for what was collected, he believes, “Unless we go door knocking to force these people to fill it out, having what could be half of the industry participating in this survey, I think we did pretty good.” Starbard said it appeared that the shops that took the survey represented shops of all “different shapes and sizes, from program shops to
independent shops and dealerships. I’ve been involved for close to 40 years, and I know a lot of names on this list, and I’ll say we run the gamut on this survey.”
Size of shop, location and type of business were mentioned as characteristics to explore. In regard to mining for further data, Matthew Ciaschini (Full Tilt Auto Body; West Hatfield) indicated, “I would just speak to the type of shop, if that’s a consideration, that we ask for percentage of insurance work. Because after all, this is about the suppression of a rate set by insurers. So, we’re trying to get to the end of that by figuring out what it should be, not what it is being suppressed to. Let’s try to get to that number with any shop that performs any level of insurance work.”
Following discussion about rates varying in different regions of the state, Bernard pointed out that the Board should really consider that body shops “have these forced rates upon us that are protected by the policy and some of the regulations. But we’re really not looking at fair competition for the auto body industry. I’m afraid that point is getting missed, and it’s a big miss if we don’t focus on it. Competition was welcomed by the insurers with their insurance reform and creating that competition, but why is it not appropriate
to have competition for auto body shops? Why are we all forced to take the same rate from a particular insurer? And how do we dismantle that such that it becomes more competitive and people can now perform services based on how good they are?”
Gotham responded, “We will consider that in the final report.”
Discussion moved on to a survey that will be sent to insurance companies seeking to collect the same rate information that was presented to registered body shops. While weighing considerations, the conversation returned to the idea of digging up more data about body shops which led Starbard to question why this additional information was now important. He pointed out that his business started small and later grew, but not every business has the same ability.
Gotham expressed, “We’re just trying to evaluate if there are differences between the population that responded and the population that did not respond. [Size of business] is just an example of a characteristic. Maybe the data will show it has a relationship. If you look at the average cost of the small versus large and the standard deviation, it’s going to tell us whether it’s meaningfully different, but I don’t know that it is.”
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Bernard chimed in. “We won’t know how much of a difference that makes, and we may never know because the insurance industry doesn’t care about the differences. They don’t pay anybody based on their differences. They pay everybody the exact same way with a forced rate that they’ve identified, that they think is a one-size-fits-all. They haven’t been interested in understanding if a shop has certifications or whether a shop has paid for training or if they have the appropriate equipment to fix modern cars. They don’t pay a different rate for that. Again, that becomes part of our frustration and why we’re in the mess that we’re in.”
Ciaschini piggybacked to add that a forced rate by insurers to pay all shops the same means “the only way for a business to increase would be by scale. So, there really isn’t a reason to survey based on shop size because every shop would naturally be forced to grow [their volume] because everyone is being paid at one forced rate.”
At the end of the meeting, the Board agreed on the initial insurance survey questions presented while a subcommittee will consider querying insurers about the total number of claims to referral and non-referall shops.
The ABLRAB will reconvene on Monday, September 15 to hear testimony from insurance and industry experts.
Fighting Fire with Fire: Fanning the AI Flame
Artificial intelligence (AI) seems to be everywhere these days. Call your credit card company to question a suspicious charge, and you’re likely to encounter an automated “customer service representative.” Or simply queue up Siri on your iPhone to initiate a search.
AI has also made its way into the automotive industry with many ADAS features – including lane assist, adaptive cruise control, collision avoidance and more – relying on this technology to analyze data from sensors and cameras to enhance vehicle safety and prevent accidents. Insurers have also embraced AI with an increasing use of chatbots and reliance on photo estimates which use AI to analyze damage.
Still, many collision repair shops report reluctance to dive into the world of AI. “The progression of AI is happening at a faster rate than collision repairers can educate for,” one Commonwealth repairer suggested in response to the New England Automotive Report 2024 Industry Survey (available at bit.ly/NEAR0225). Other survey respondents’ relayed concerns related to insurers’ use of this technology:
“AI could be used wrong by insurance companies.”
“If insurers use AI, it will increase the lack of ability to negotiate.”
“It’s already hard enough to speak to insurance companies via the phone. AI will just add to that issue. It will be more difficult to get issues resolved.”
“Insurance companies have big pockets to influence dialogue.”
Matthew Ciaschini (Full Tilt Auto Body & Collision; West Hatfield) has taken a different approach, “leaning in” to discover the ways that AI can benefit the shop. “I figured if insurance companies are going to use AI to slash estimates or simply write bad ones, the least I can do is fight fire with fire. I’ve got zero interest in falling behind,” he says, stressing, “AI won’t replace techs or estimators (yet), but it’s a damn good assistant when used right – and it doesn’t call out sick or forget to attach the PDF.”
His facility has begun dabbling in the AI functionality offered by CCC ONE, and they also “utilize ChatGPT every day for many office functions at the shop, such as helping draft emails, clarify processes or clean up our internal docs, tools and SOPs [standard operating procedures]. We have had it refine internal documents that would take a person weeks, and with AI technology, we have them done in days.
“AI helps us cut through admin garbage, automate repetitive crap and make better decisions faster,” he adds, joking, “It also never complains about working weekends. Once insurers realize how
much smarter it can make us, they’ll probably try to regulate it out of our hands and keep it for themselves.”
Of course, the decision to rely on any technology does not come without some reservations. Ciaschini acknowledges concerns about “turning decision-making over to something that doesn’t know what a proper repair is. AI is a tool, not a foreman, not a tech, not a blueprinter, not a business owner. If you forget that, you’re gonna make mistakes that a trained eye would catch in two seconds.
“It’s not perfect – it can hallucinate, make assumptions or screw things up if you’re not paying attention,” he warns. “It also doesn’t get context like a human does. So it’s less of a ‘set it and forget it’ tool and more of a ‘watch it like a hawk’ kind of deal. It aids in the slow and mundane processes with high efficiency and speed.”
Ciaschini combats the potential drawbacks by “treating AI like it’s a new apprentice – fast, eager and sometimes a little too confident. I would never just publish an internal document directly from AI. You need to proofread and write prompts for exactly what you want.”
Alleviating administrative burdens could present a huge lift for many shops, but AI can offer much more throughout the process.
“AI is currently assisting in many ways across the repair ecosystem,” says James Spears (Tractable). “AI helps identify repairable versus total loss vehicles at first notice of loss. It helps prepare faster and more accurate estimates using computer vision, machine learning and AI, and it helps with coordinating booking the appointment to secure a repair.”
“In the future, AI will permeate all aspects of the automotive and collision repair industries, resulting in dramatic improvements in repair planning, repair procedures, diagnostics, marketing, ADAS, claims processing, administrative processes and more,” Frank Terlep (Opus IVS) predicts. “It is only a matter of time before AI is incorporated into the major repair procedure and service information platforms. When this does happen, it will be a HUGE benefit for repairers and the rest of the industry!”
“AI is going to be the tool that becomes just like a part of us for the future.” Ryan Taylor (Bodyshop Booster) expresses the belief that this technology will pervade the industry to the point “where we can hardly imagine doing our jobs without some form of AI assisting us. It’s just starting, but we are going to see it coming faster in a big wave that impacts every area of our industry.”
Across the country, forward-thinking shops are implementing AI solutions to help with administrative and customer service tasks and allowing technology to assist with marketing, sales, HR, virtual assistants, chatbots, language translation, logo, image and video creation and more. According to Terlep, AI can aid shops with “reduced administrative tasks and expense, improved productivity, customer service, better and faster decision making, faster and more effective digital marketing and much more. AI-driven chatbots can provide 24/7 customer support, answer frequently asked questions and guide customers through the claims process, enhancing customer satisfaction. It can also analyze customer data to offer personalized services and recommendations, such as preferred repair
shops or tailored insurance policies.
“AI will be able to predict and document most major parts and components with photos of a damaged vehicle,” he continues. “AI will optimize repair shop workflows by scheduling tasks, managing inventory and ensuring that repairs are completed efficiently. Additionally, AI can analyze data from multiple sources to provide insights into shop and network performance, customer satisfaction and insurance claim trends, helping businesses make data-driven decisions. Another way that AI will help shops is facilitating the calibration and repair of ADAS components, ensuring that vehicles are properly restored to their pre-accident condition.”
“AI has the potential to bring a lot of benefits to body shops,” Taylor agrees. “It can take on such an extra load that it would be impossible for a single shop to hire people to compete, so if you’re not already figuring out how AI can help you today, it’s going to become really difficult for you to be competitive.”
So, how can shops remain competitive by fanning the AI flames?
“Jump in and learn as much as you can about how AI works,” Terlep recommends. “Ask suppliers and other industry personnel what they see and think about it and how they are planning to implement AI in their solutions. Also, get started by using the commercially available AI platforms.”
“It’s easy to begin an AI journey,” Spears adds. “I recommend setting a business goal such as faster customer response, lower cycle times, better expense margins or more customer conversions, then select an AI partner like Tractable to begin to learn about the technology and put it into production. Start now because those businesses that use AI outperform those that do not. It’s a leader’s responsibility to provide their team and business with every advantage they can to be successful.”
“AI is only going to move faster, not slower, and right now, it’s the worst that it’ll ever be,” Taylor emphasizes. “It is moving exponentially faster and getting better all the time. Shops that plan to be in business and want to be successful for many years to come need to figure out how to work this strategy in; this technology is only going to become more important to shops and the customers who deal with those shops because AI offers an unparalleled level of convenience.”
The possibilities are limitless, yet fears persist with many repairers expressing fear that AI will steal their livelihood.
“It is quite the opposite – a person using AI will have hireability advantages that people not engaged in the technology will not,” Spears reassures. “The time to start understanding how to leverage AI is now.”
“AI won’t fix a damaged door or paint a panel,” Ciaschini insists. “But it sure can help organize a chaotic industry that still runs on fax machines! It’s here whether we like it or not. I’d rather learn it, shape it and use it to our advantage than sit back and wait to get steamrolled.”
Keeping it Spotless: The Importance of a Clean Room for Aluminum Repairs
When performing aluminum repairs, preventing crosscontamination is crucial. Aluminum is highly sensitive to contamination, especially from steel. If you don’t prevent steel dust from settling on aluminum-intensive vehicle surfaces, galvanic corrosion will occur and weaken aluminum components. When aluminum exterior surfaces like the hood, roof or door panel are exposed to steel dust, galvanic corrosion can damage a paint job. Aluminum dust also is explosive when exposed to a spark.
A clean room minimizes the risk of cross-contamination by providing a controlled environment free from airborne dust, metal shavings, and other contaminants. This ensures that the aluminum repair process is conducted in optimal conditions, prevents surface damage and helps maintain the integrity of the repair as required by OEMs.
The RAE Body Repair Station features a curtain that has special light reflection as well as fire approved properties. This will isolate your aluminum work area from nearby bays. Accepted by leading OEM certified collision repair facility programs, the body repair station features an e-glass curtain that meets fire retardation standard EN-13501-1 (required by OEM certification programs across the globe). A built-in viewing window meets standards for eye protection of workers outside the aluminum bay. LED lighting helps provide ideal lighting conditions when performing intricate repairs,
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Auto Body Supplies and Paint (ABSAP) is getting ready to celebrate 50 years next year, and this family-owned and operated company has much to celebrate!
It all began in 1976 when the company founder and patriarch, Kay Ryalls, decided to step away from the paint company he worked at to launch his own small business in East Hartford, CT. Five decades later, he remains at the helm of the operation which now spans several states, has three generations of family members on board and is the trusted single-line BASF jobber throughout the New England area.
“Fifty years is a big deal for a small business,” shares Kayla Holland, Ryalls’ granddaughter and the third generation to work at ABSAP. “We are planning to host a lot of celebrations next year. We wouldn’t be where we are today if it weren’t for our customers.”
Kayla’s mother, Laura Koss, and her uncle, Jeff Ryalls, make up the second
generation of the ABSAP family.
The company has grown its footprint throughout New England to cover the whole northeast corner with locations in Massachusetts, Connecticut, New Hampshire and Vermont; they also serve Rhode Island and more recently upstate New York, thanks to their newest location in Colchester, VT which allows them to distribute in that region.
The ABSAP team strives to partner with their customers to make sure they are supplying them with everything they need, and that commitment goes far beyond the refinish supplies they deliver.
“We have more technicians than anyone else in this area; we’re very customerservice focused,” relays Holland. “We have a state-of-the-art training center where we host monthly training sessions. This is another elevated level of service that is not offered by a lot of jobbers.
“We want to be the best partner our customers can have in the field,” she continues. “We always look for ways to assist them in their growth. We take a very hands-on, almost hand-holding method to help our customers in all areas from financials to how to use products and everything in between.”
ABSAP was recently presented with the BASF ColourSource Jobber of the Year award.. The award is based off year-over-year growth, “so the fact that we got it this year is huge because a startup company may be able to achieve 200 percent growth from one year to the next, but to be around for as long as we have and already be high tiered and still be able to show enough growth to make such an impact was quite a telling achievement. It was a really great honor.”
ABSAP remains a longtime supporter of AASP/MA and most recently increased their Vendor Affinity Program sponsorship to the Platinum level.
The company recognizes how important it is to support the auto body community in the territory they serve.
“We aim to support the shops we work with,” relays Rick Hutchinson, general manager. “We give shops a lot of support to help them get reimbursed from insurance companies, and that’s a focus of AASP/MA as well. Training has always been a big focus of ours and to be able to work directly with the shops. All paint suppliers sell paint, but getting everybody to be profitable is our focus.”
From L-R: Laura Koss, Dave Koss, Kayla Holland, Kay Ryalls, Rick Hutchinson, Jeff Ryalls
CIC Recap: Industry Leaders Explore Total Loss Trends
The July Collision Industry Conference (CIC) held in Philadelphia was a first of its kind. Breaking out of the mold of having each committee present on various hot button issues, all committees themed their discussions on the boiling concerns centered around the growing trend of total loss.
CIC Chairman Dan Risley shared data to support the concerns that “over the last six to nine months in particular, I’ve heard a lot about the industry seeing a decrease in claim volume or seeing a drop in accident frequency. When this happens, everyone looks to find out why and this could be one of the reasons shops are seeing a drop in repairables.”
Risley outlined some of the trends the industry needs to keep an eye on, particularly related to the fact that “we’ve had almost a 50 percent increase in total loss on drivable vehicles in the last three years.” He also pointed out that the climb started in 2021 and 2022 growing from six and seven percent to almost 10 percent on newer model vehicles; total loss is up to 32 percent on vehicles that are seven years or older. This last figure is significant because “that seven-year-old vehicle right now is a 2018. How many ADAS features are on vehicles older than 2018? Not that many, but as that [trend] continues to play out and vehicles with more ADAS features start to slide over into the seven years and older category, what impact will that have on
total loss?” With the average adjusted value of total losses on vehicles seven years and older at about $9,000, Risley asked, “What’s going to happen to all these vehicles that have ADAS features on them seven years from now? Those cameras and sensors are not inexpensive. That could result in more total losses. It’s something for us to keep an eye on.”
Led by Jill Tuggle (Auto Body Association of Texas), the Governmental Committee explored total loss and salvage vehicle laws at the state level. There’s no universal definition for total loss or salvage, Tuggle stated, adding “every state makes its own definitions or uses different terms, and each state has different rules for salvage vehicles.” Iowa has a state total loss threshold of 70 percent, although it’s still in the insurer’s hands to determine if a vehicle is a total loss even if under 70 percent. Rhode Island is the only state that gives the customer the right to determine if they want their vehicle repaired below an 80 percent threshold. In Pennsylvania, every total loss vehicle gets a salvage title.
Via a panel including Stephen Madrak (Pennsylvania Department of Transportation Motor Vehicles), local shop owner Max Keller (Conestoga Collision and Auto Body Repair; Berwyn, PA) and David Willett (SPARK Underwriters), discussion focused on consumer safety and the qualifications for determining if a vehicle is eligible for the reconstructive process.
Most people aren’t familiar with the laws in their state, and therefore, states could do a better job at educating people on those laws, Tuggle noted. As a shop owner in Pennsylvania, Keller reported seeing about 50/50 total loss versus repairable. As for handling the customer when their car is deemed a total loss, “These days, the insurance companies are beating us to that conversation and totalling the car before we are even notified,” he claimed. “We will try to let the customer know there may be a chance and we will try to prepare them for
that conversation and suggestions on how to work out the value.”
Willett gave some food for thought suggesting OEs start to play a bigger role in the areas of total losses. “OEs come up with ways to repair the car, should they be coming up with ways on how to total a car. It seems to me that it should be more reliant upon the manufacturers’ engineers and certified repairers to make that [total loss] determination. Some are saying that there are vehicles that could be repaired. It seems like we’re missing an opportunity to use the expertise and knowledge of the OEs. I believe that for the betterment of our industry, that’s something that should be explored.”
Several audience members polled Madrak looking for more details on what type of inspection goes into making sure these vehicles are safe to re-enter the roadways.
“In Massachusetts, when a [salvage] vehicle has been branded repairable and someone goes to repair it, their main concern is making sure the parts are legally sourced, for lack of a better word,” stated Lucky Papageorg, executive director of the Alliance of Automotive Service Providers of Massachusetts. “Not once have I seen them get under the vehicle to check if it’s structurally sound. I think that is a key part in what is happening with salvage vehicles. Are the proper repairs being done, not just structurally, but also with ADAS?”
Madrak explained Pennsylvania conducts a mechanical inspection to determine if the vehicle is “road worthy and structurally sound.”
Led by Danny Gredinberg (Database Enhancement Gateway) and Kye Yeung (European Motor Car Works; CA), the Repair Process and Procedures and Estimating and Repair Planning committees teamed up for “Total Loss…Total Process” with panelists Andrew Batenhorst (Pacific Collision Center; CA), Christina Sepulveda (SPARK Underwriters), Matt Pitta (Lucid Motors) and Scott Weber (Copart) who
CIC Chairman Dan Risley
by Alana Quartuccio
covered all bases – from determining total loss to admin duties and storage to safety concerns and salvage auction pick up.
Yeung pointed out a concerning void in the salvage process. “Are we responsible for that car from cradle to grave because we touched it last? What happens if you have an electric vehicle with a compromised battery, and we know it is because it’s a total loss. Some OEs have instructions on how to power down the battery to a certain percentage or even power down completely. When that car gets picked up by the salvage company, there’s no form that they
sign or that we give them to say we’re done with that vehicle. How do we notify them this vehicle could still potentially have a thermal reaction because of battery damage? It’s cause for concern.”
Discussion focused on how very little is known about the safety of transporting EVs. Pitt noted, “There’s no federally mandated state of charge for transporting an electric car. At Lucid, we just default to California’s rules, which is 30 percent or lower. There’s no regulation on totaled cars. Our organization has discussed whether 30 percent is low enough, should it be below five percent…or drained completely and have the pack removed from the vehicle.”
Lucid plans to release documentation and special tooling to help shops learn how to deal best with total loss vehicles being prepared for the salvage yard.
In response to Weber confirming that Copart sells vehicles to “all parts of the globe,” Yeung questioned, “Are these international buyers driving up the salvage sales and causing more vehicles to be totaled?” to which Weber responded, “It depends because it drives up the competition. Having a large consumer base has been beneficial to our customers by driving up that salvage.”
Excitement is growing for the next CIC to be held November 4 in conjunction with SEMA 2025 in Las Vegas. For more information, visit ciclink.com
AASP/MA Executive Director Lucky Papageorg takes the mic to pose a question to panelists at CIC
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Beyond the Shop: Unique Collision Careers
Collision repair is a diverse industry that offers a multitude of career opportunities, and while one may typically think of those options as including roles within the shop – owner, estimator, technician, refinish, admin, etc. – a whole world of possibilities exists outside of those four walls with a plethora of positions that offer individuals to play to their strengths as a part of this fascinating field.
For some, the journey begins in the shop. Mike Johnson (Crown Collision Solutions) is a 42-year collision industry veteran who worked in various roles as a body, paint and frame technician, an independent appraiser, shop manager and even as a sales and technical training representative for Sherwin-Williams “before
eventually becoming the owner of an ADAS calibration and programming business. Today, I own Crown Collision Solutions, alongside my son, Tom, in Southeastern Massachusetts. We proudly service over 40 different collision, glass and mechanical repair shops throughout the region.”
Yet, Johnson initially intended to become a carpenter. “When I first applied to vocational technical school, my first choice was carpentry, and my second was auto body. The carpentry program was full, so I entered the auto body program at South Shore Vocational Technical in Hanover. Looking back, it turned out to be a blessing in disguise.
“I was fortunate to train under a couple of true craftsmen who had a lasting impact
on my career,” he adds. “Sam Walkama, my collision shop instructor, and Mike Walsh, my collision-related theory teacher, both inspired me through their dedication to quality and craftsmanship. They taught me not only the technical skills but also how to take pride in my work and continuously push myself to improve. Later in my career, I was fortunate to have another mentor –Chuck Sulkala, a Boston shop owner who invested in my education and taught me how to run a quality collision business with honesty and integrity. To this day, Chuck continues to contribute to the industry and inspire others, just as he did for me.”
Micki Woods (Micki Woods Marketing) began her collision career a little later. “I certainly did not start out
thinking I would ever be in this industry,” she recalls. “I had a love for business, and when my ex-husband told me that the owner of the shop he was working at was going to be selling, I felt a pull that this was the direction I was meant to go. I knew nothing about collision, but I did know business to some degree, so I set my mind to learning everything that I could about running a collision repair business. What an adventure!”
That was in 2007. Now, Woods owns a marketing agency that helps “shops dominate Google, increase cars in their drive and maximize their business efforts.” She also hosts the Body Bangin’ Podcast, cohosts Collision Cocktail Hour and presents at industry events.
Others fall into a collision career purely by accident. Brandon Eckenrode, executive director of the Collision Repair Education Foundation (CREF), did not “specifically set out to enter this industry and didn’t even have familiarity with the industry prior to joining. I was born in Detroit, so my connection to cars goes way back, but growing up, I had a passion around creative writing,” he acknowledges. “I graduated from Western Illinois University with a bachelor of arts in English and a minor in journalism. After graduation, I started working in the construction field to pay back student loans while applying for positions in my field. In the fall of 2001, I interviewed for the marketing communications specialist role with I-CAR which involved writing press releases, managing their e-newsletter, creating marketing collateral and more which aligned with my degree.”
After seven years in that role, he began working at CREF in a similar position, expanding his knowledge and responsibilities under various titles before being promoted to executive director several years ago. He has dedicated the last 16 years of his life to supporting collision schools and students with CREF.
John Yoswick (CRASH Network) has been “researching and reporting on the collision industry for more than 30 years.” In addition to being the editor and publisher of CRASH Network, he is a writer and contributing editor for a number of other industry publications in multiple countries. Although Yoswick is now a renowned part of the collision collective, he says, “I never imagined my career would be in this industry. I’ve never been a car guy, nor had much interest in the automotive world. My degree is in journalism, and during my first job (at a public relations firm) after college, one of our clients was a group of body shops for which we were doing legislative support. When I left that firm after several years, a shop association in the Pacific Northwest hired me as editor of their monthly publication. After several years, I became a freelance writer in 1991, thinking the collision industry could be a base for my business but assuming I would be writing in other fields as well. Within about a year, all my work centered around the collision industry.”
Guy Glodis has been a legislative lobbyist for nearly two decades, but his focus shifted to helping body shops in 2020.
by Chasidy Rae Sisk
“I had a long history of representing blue collar workers and underdog employees. I had worked with different associations in Massachusetts, such as the concrete industry and other groups that are somewhat similar to the auto body industry, and when AASP/ MA approached me about lobbying for their bills, I found that the auto body industry was a great fit. Shops aren’t just underdogs in their battle for a fair labor reimbursement rate; they epitomize the classic David v. Goliath battle.”
There’s nothing “blue collar” about attorneys, yet Sean Preston (Coverall Law) is an avid advocate for body shops in Massachusetts and beyond; however, his career had a very different beginning. In fact, in 2012, he worked as an assistant attorney general in Delaware’s White Collar Crime Unit! “I’ve always been interested in business law, and I was doing my time on the government side,” he reminisces. “At the time, my core mentors were in the DuPont Corporation, which was how I got the placement in the Delaware DOJ. And even then I can remember telling one of my members that I wanted to develop the skills to be able to take a small- or medium-sized company and turn them into a juggernaut.”
That desire originated when he was much younger. “I grew up in my family’s modest bookkeeping and tax firm, and I always admired and loved serving business owners,” Preston shares. “It’s a passion I recognized nearly 30 years ago. My legal background took me through several industries in emerging technology, industrial and marine engines and aerospace. My firm experience covered a great variety of civil law, and I’ve been able to leverage that to help point friends and clients in the right direction even when Coverall Law is not the right place for them.”
After more than a decade in international corporate law, Preston and his wife moved their family to Massachusetts where he discovered the collision repair industry quite literally by accident when he hit a deer. He worked for an attorney who was familiar with collision repair and towing businesses, and those two circumstances coalesced to help him “develop an appreciation for the unique challenges facing shops.” Three years ago, he began dedicating his skills to developing creative and strategic business and legal solutions for shops, but his resolve to focus his efforts exclusively on the collision industry
continued on pg. 32
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“began to cement itself a little more than two years ago when [he] met Lucky Papageorg and Jack Lamborghini at his first AASP/MA chapter meeting.”
Although each journey into the collision repair industry began differently, they all found very similar reasons for sticking with it: the amazing people they get to interact with, a sense of belonging and pride in what they’re able to accomplish.
“For the longest time, I never quite felt that I fit in anywhere,” Woods laments. “I was told that I was too upfront, honest and brash. Once I joined this industry and started meeting other people, I felt like I had found others like myself, and I understood them as people. They weren’t brash – they were forthright and passionate. They weren’t too upfront – they just didn’t beat around the bush. I loved it! I loved the people. I loved my customers. I loved being able to help folks when they were in a difficult time of their life with vehicle damage then, but even more so now, I love helping shops grow their businesses and become the best shops that they can be. At the end of the day, it was truly my fellow industry members who made me fall in love with the industry and stay so passionate after years have gone by.”
Johnson agrees. “I truly love the people who work in the auto body industry. Most are hardworking individuals who genuinely want to do the right thing. Unfortunately, many are forced to cut corners or are prevented from providing consumers with the proper repairs they deserve because they’re being financially squeezed by outside pressures. Today, I’ve moved into the ADAS calibration side of the industry, and it has been incredibly rewarding. I take pride in ensuring that all safety calibrations are done correctly, without cutting corners, especially when it comes to the advanced safety systems found in today’s vehicles. Throughout my career, I’ve been grateful to meet so many great people in this industry. I can confidently say I wouldn’t have the connections I have across the country today without the people I’ve met and worked with over the years.”
Through his role with CREF, Eckenrode feels “very fortunate to have the opportunity to network with industry members, associations and others around the country. My position also provides me the ability to visit schools and engage directly with instructors and students. Directly supporting collision programs and connecting students with industry employers to address this industry’s need for young talent inspires and motivates me to want to help in any way possible. Every day is different: one day, I’m meeting with industry partners, and the next, I’m presenting to a classroom of students talking about how they have endless career opportunities in this industry.”
Fighting for the right side can be a huge draw, such as in Glodis’ case: “I love fighting for the underdog,” he says. “I’m very grateful to be part of this important fight on Beacon Hill for the working class people of Massachusetts.”
For others, part of the appeal may be related to who the fight is against. “I despise bullies, and I believe strongly in the American Dream,” Preston states. “For these shop owners to go through their daily life feeling stuck, without options and left to the whim of insurers is a tragedy. Every member of the Coverall Law team understands our long-term mission and what we work toward everyday: empowering member shops to run their businesses on
their terms. My purpose in life is to serve, and I love working through big hairy problems. It’s clear that Coverall Law and I are exactly where we are supposed to be.”
Like others, Preston also enjoys the “collegiality of collision repair; it’s a very small community and often comes with all the pros and cons of a big family. We don’t always all get along, but all the personalities are here, and we’re all connected through the shared experiences of all the technology changes seen recently and the constantly evolving challenges of the last few decades.”
Of course, any job also comes with negatives, and despite the fact that these collision professionals do not work in the shop, it’s no surprise that they share a frustration with some of the same problems that their in-shop counterparts encounter.
“Three words… insurance company games!” Woods exclaims, adding her distaste for “people and shops that just want to bring others down, rather than coming together and helping our industry be fantastic and stronger together. If you’re not here to help, then get out of the way.”
“I didn’t like the pay or the minimal benefits that were provided, even as a Class A technician,” Johnson admits, acknowledging that those challenges were largely influenced by “the control exerted by outside forces – primarily the insurance industry – dictating how I should repair vehicles. Even worse, they often expected me to perform work for free while taking on the liability for the subpar repairs they were pushing for. It became clear to me that I didn’t want to remain in an industry so willing to sacrifice its own skilled professionals just to stay on an insurance program or referral list in hopes of bringing in more work. That approach not only devalues a technician’s expertise but also compromises the safety and integrity of the repairs being done.”
For Yoswick, dealing with so many different collision professionals has allowed him to see the many challenges they face. “It’s a tough industry in which to succeed as a business owner (a shop owner, in particular). Maybe that’s just as true in other industries, but I’ve seen people who loved the craft of collision repair or loved the idea of owning their own business, but found operating a shop to be more of a tough grind than they’d prefer. It’s tough to see.”
Eckenrode’s role within the industry allows him to offer a different perspective. “It can be frustrating when you see instructors trying their best to better their programs for the benefit of the students but regularly facing barriers from administration or others who may not fully support the program and/or understand the career paths available to students who enter this field. This typically leads to limiting program budgets and that is where industry support, from CREF and others, is critical for these programs to succeed.”
In his early years as a litigator, Preston “didn’t enjoy fighting with people every day, but my corporate experience was very different. Many shops feel the stress of years of this conflict. That was a big inspiration for the Forever Forms. The answer ended up being to simply own the terms and conditions around every dollar that comes through the shop, so that every negotiation can come from a point of legal strength. When shops are protected and have multiple avenues to recover their entire invoice, the conversations change a lot, and I’m a lot happier too. I want every employee
for our member shops to enjoy going to work and never dread an insurer’s visit.”
While he doesn’t deal with insurers like many other collision professionals, Glodis’ work as a lobbyist forces him to face similar challenges in contending with politicians, and he admits that his least favorite part of the job is “fighting the bureaucracy on Beacon Hill. Nothing moves quickly! Legislation requires the long game which can be incredibly tedious, and that gets frustrating from time to time.”
Still, collision repair professionals in various roles find a lot of enjoyment and an immense sense of pride in being part of such a vibrant industry, which has offered room for personal and professional growth beyond what many of them initially imagined.
“My favorite part of working in the collision repair industry is collaborating with CREF’s industry partners and seeing the impact their support has on the high school and college collision repair programs and students across the country,” Eckenrode professes. “Collision instructors share how much the support has made a difference on their ability to provide a quality technical education and how their collision programs have become the envy of other technical programs at their school due the continued support they receive from CREF and others. With a national dialogue around accepting the technical trades as a viable alternative career option for students not interested in the traditional four-year college route, I am proud to be part of the effort to showcase our industry to those who aren’t familiar with its career path options.”
Eckenrode is “incredibly thankful for those who supported me along the way, especially early in my career, including former I-CAR President Tom McGee who pushed me outside my comfort zone to present at industry events, a practice that has become comfortable and exciting after years of practice.”
Woods’ “favorite part of the collision repair industry is the camaraderie and friendships that I have made with truly goodhearted people that have a fire to serve, love people and advocate for their customers. People that I just met quickly became close friends because we had a common love and drive to do the right thing for the right reasons;” however, she is confident that “if God directed me to another path, He would make sure I was fulfilled. Life is what you make of it, and trusting the Lord is number one.”
Johnson has “always loved making something look new again – bringing damaged vehicles back to pre-accident condition or restoring cars to look like they just came off the showroom floor. I took great pride in working with my hands and in the craftsmanship required to do the job right. I was proud of the skill set I developed over the years, not just in auto body repair but also in mechanical work. I worked my way up from being a technician on the shop floor into management. Along the way, I had the opportunity to be part of a collision industry 20 group, where I traveled to other states to learn from some of the top-performing collision shop owners in the country. Those experiences taught me a great deal — not just what to do, but also what not to do. Now, I work for myself in a small, family-run business, and I truly love what I do.”
That type of diversity holds a lot of appeal for some. “For as much as there is about the industry that doesn’t seem to change, there’s also so much that really does,” Yoswick observes. “There’s always something new happening to learn and write about, so it’s
never boring. In CRASH Network, we focus a lot on tracking and analyzing trends in the industry to help people understand what’s happening – and why.”
Yoswick also loves the freedom and ability to be creative that his collision career offers. “Covering this industry has enabled me to be self-employed (which I love) for almost 35 years, has allowed me to attend and report on industry events all over the world, given me a chance to own and craft a publication into one with a unique niche in the industry and given me access to a wide range of business leaders at companies of all sizes.”
“If you want to fix a factory, you don’t go to the board room; you go to the assembly line,” Glodis points out, expressing the pleasure of “visiting shops, talking to technicians and seeing the great work they do on the ground to ensure public safety when they restore damaged vehicles.
“I’m proud to represent a group of people who have been woefully underrepresented in the past (collision repairers) and shamefully overshadowed by the insurance industry,” he continues. “At the same time, I’m fighting for the safety of Massachusetts drivers and everyone else on the road. I feel a great sense of pride knowing that I’ve contributed to the rise in relevancy of the auto body industry on a statewide level. We now have access to the administration, governor’s office and legislative leadership…and for the first time in 25 years, we emerged victorious in last year’s legislative session when we secured a board tasked with researching labor reimbursement rates and making a recommendation. By working together with an active and vibrant membership, AASP/ MA has become relevant politically and also found a way to go from the defensive to the offensive legislatively.”
Preston takes a lot of pride in navigating shops’ challenges and helping them find solutions, insisting that “nerdy stuff in the law and corporate finance” is his jam. And the financial structure of many shops gives him a lot of room to exercise that skill set. “Decades of being subjected to asinine insurer reimbursement ‘rules’ has led to the weirdest financial model of any business or industry I’ve seen! It’s like an eye doctor losing 75 cents of every dollar and praying that sales of eye-glass frames makes up the difference. For two years, Coverall Law has been chipping away at a robust tool to advise shops on and manage their pricing in a way designed to withstand scrutiny in court. Employing concepts like contribution margin and capital allocations should assure that shops are adhering to best corporate practices, getting returns for investing in themselves, protecting their entity and pricing in a way that makes sense. Other industries don’t offer such challenges to attorneys or such appreciative clientele, so I’m confident that my team and I will never go unchallenged, and we’ll continue to enjoy the warm regards of our members.”
There’s no denying that what happens in the shop – safely repairing vehicles – is the very heart of the collision repair industry, but there are many vital parts of the larger body that comprise the industry. Writers, lawyers, lobbyists, association leaders, marketing specialists, ADAS specialists, companies that manufacture and sell parts, paint and other materials and supplies…there is space for anyone interested in dedicating their talents and passion to improving the collision industry.
LEADER
[COVER] STORY
continued from pg. 33
“This is an industry that can probably put you to work no matter what your skills are,” Yoswick insists. “Whether you’re good at working with your hands and love cars, or if you are a gamer and technology fan, or maybe you are good in sales and interacting with people or simply want the variety of opportunities available in a fast-growing business. Or, as in my case, if you want to help keep people informed through research and reporting…there’s a role for everyone’s talents.”
“The thing that is so unique about our industry is that there is really a place for all people – contrary to what most people think because they don’t know better,” Woods points out. “You can be creative. You can be an introvert. You can be an extrovert. You can be a technical-minded person, a number cruncher or somebody who just loves people. There is a spot for everyone, and once you find the right spot on the right team, the magic happens!”
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Rewriting the Rules: How Coverall Law’s Forever Forms Are Fixing the Direction to Pay
For years, collision repair shops have relied on the same Direction to Pay (DTP) forms. The problem is, most of those forms were built decades ago to address insurer problems – not shop problems. They were meant to make it easier for insurance companies to pay a shop directly when the customer agreed, but they left out critical protections for the repairer.
At Coverall Law, we saw the flaws. The old DTPs didn’t protect against delays, didn’t address liability or safe repairs and didn’t put enough responsibility on insurers. This was especially troubling in Massachusetts, where 211 CMR 123 clearly outlines both the proper form of payment and the timeliness required for payments – for original estimates and for supplements. Insurers break these rules all the time, and the old DTP didn’t do much to stop them.
We decided to change that.
A Stronger Direction to Pay
In Forever Forms version 2.3, we gave the DTP a complete overhaul. Now, our DTP doesn’t just authorize payment – it demands compliance with the law. It cites 211 CMR 123 to require timely payments, and it cites MGL c. 255, s. 25 to make sure the shop’s name appears on any payment, even if there’s a lienholder.
We also added something new: the insurer must now notify the shop of any attempt to rescind the DTP. This closes a loophole we saw in real life.
When Fraud Made the Case for Change
One of our member shops faced a situation where a hacker posed as a few of their customers and told insurers to reroute payments to the hacker instead of the shop. Three insurers were
involved. Two of them quickly corrected the payments. The third delayed – and that delay made it clear that a stronger DTP was needed. Now, our DTP puts the burden squarely on the insurer to communicate and take corrective action right away.
Why Insurers Are Nervous
The Forever Forms shift control back to the shop. Insurers now understand that when a shop controls the terms and conditions of payment, they lose the ability to stall or short-pay without consequences. In one recent case, an insurer refused to pay $2,500 on a total loss. After a supervisor verified the customer’s signature on our DTP, they called us to settle for $9,000. That’s the kind of leverage a strong DTP creates.
Best Practices, Built In
The Forever Forms are about best corporate practices –giving shops the best tools available, every time. They’ve never lost in court. And with each version, we find new ways to close loopholes and protect members.
Massachusetts Forever Forms took us seven months to build. California has been in the works for just a couple of months, but the process is faster now. Still, California’s complex regulations
mean we take our time to make sure every line is right. Our goal is always thorough, tested and enforceable forms that can stand anywhere.
The Bottom Line
The new Direction to Pay isn’t just a form – it’s a legal tool that enforces your rights, demands timely and correct payment and keeps insurers accountable. When shops use the same strong forms, we’re stronger as an industry.
At Coverall Law, we’re not just updating paper. We’re rewriting the rules – and we’re doing it together.
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) 635-5329 or via email at spreston@coveralllaw.com.
policyholder’s appraisal costs. Otherwise, the cost of the umpire is split.
The Consequences of Ambiguity
For a Massachusetts consumer, the current system presents significant challenges. The time and resources required to navigate an appraisal dispute can be substantial. The costs of a third-party appraiser and an umpire are often split between the policyholder and the insurer. While this might seem fair, the initial financial burden can be a deterrent for a consumer already stressed by a car accident. This often leaves the auto body shop holding the bag leading the shop to either charge the owner, eating the cost of the needed procedure or worse producing a subpar repair where the liability falls on the repairer - and if a subsequent accident were to happen…We all remember the John Eagle case.
The ambiguity in our state’s regulations also allows for varying interpretations of what constitutes an “amount of loss.” Is it just parts and labor? Does it include crucial but often overlooked aspects like diagnostic scanning, proper welding procedures or the use of OEM parts to maintain a vehicle’s warranty and safety standards? Without clear, enforceable guidelines, these vital components of a quality repair are often the first to be disputed and the hardest to justify in an unregulated appraisal process.
A Path Forward
The collision repair community of Massachusetts has a critical role to play in advocating for a more transparent and equitable appraisal system. We must push for legislative and regulatory changes that
provide clear, standardized procedures for invoking the Appraisal Clause. This includes:
• Defining “Amount of Loss: Regulations must be updated to explicitly include all necessary repair procedures and materials, including manufacturer-mandated processes and the use of OEM parts when required for safety and warranty.
• Standardizing the Process: We need clear timelines for each step of the appraisal in addition to repercussions for failure to adhere, from the initial demand to the final award. This would prevent insurers from dragging their feet and using delays as a tactic to force a settlement.
• Improving Consumer Education: We must work together to ensure that Massachusetts drivers are fully aware of their Right to Appraisal and the process involved. A well-informed consumer is our most powerful ally.
The Right to Appraisal is a powerful tool for ensuring fair compensation and quality repairs. However, in its current state, it is a blunt instrument that often fails to serve its intended purpose. By learning from other states and advocating for a more robust and clearly defined regulatory framework, we can transform the appraisal process from a point of contention into a genuine solution for auto repair disputes in Massachusetts.
WHY GENUINE PARTS?
IRA Toyota of Manchester
33 Auto Center Road
Manchester, NH 03103
Toll Free: 800-828-6076
Direct: 603-657-2410
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IRA Toyota Danvers
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Danvers, MA 01923
PH: 800-774-8411 ext.1
Direct: 978-739-8306
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Grieco Toyota 415 Taunton Ave.
East Providence, RI 02914
Direct: 401-438-2206
Fax: 401-431-0673
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Wellesley, MA 02481
PH: 800-734-0006
Direct: 781-237-4042
FAX: 781-237-3481
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Bernardi Toyota 1626 Worcester Road
Framingham, MA 01702
Parts Direct: 800-247-3033
FAX: 508-879-7895 www.bernarditoyota.com
Balise Toyota 1399 Riverdale St. West Springfield, MA 01089
