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ifuwreck
02-19-2009, 12:38 AM
How does a person check who the actual licensed repair shops are in certain areas, any help is appreciated.

Roger Walling
02-19-2009, 08:49 AM
I don't have the site for Ill, but I am posting the site for Ma.


www.aib.org/ (http://www.aib.org/)

This is a new address because the DOI, in their wisdom, decided that the consumers in Ma. did not need to know this information, so they deleted the old web address. After a complaint to the DOI, they re listed it.


Hmmm, The law in Ma. states that only licensed shops can charge for working on your car, I wonder why (or who) didn’t want the consumers know who was licensed ?

MarkFP
02-19-2009, 09:40 AM
Wade has a list buried somewhere... but I put in a request to the SOS to have the data published and searchable on-line. I'll post any response that may come back.

Mike Orton
02-19-2009, 10:49 AM
Just found this bill submitted in Missouri for future consideration.
Anyone see any significant differences in their state licensing practices of shops and appraisers?


SB 397 - This act creates the Board of Auto Body Repair and sets out the requirements for membership on the board. This board would license auto body repair facilities, excluding those who specialize in certain services, and license physical damage appraisers.


AUTO BODY REPAIR FACILITIES

As requirements for licensing, auto body repair facilities must submit an application to the board, pay a licensing fee of $250 annually, have all required state and federal licenses, permits, and registrations, provide proof of insurance, provide proof of compliance with EPA and OSHA training requirements, provide proof that employees have completed current National Institute for Automotive Service Excellence (ASE) for the type of work being performed, possess or have access to proper equipment, possess an enclosed area for spray painting refinish operations, and possess an acceptable current reference source for estimating the cost of repairs. To renew their license the facility must prove completion of continuing education.


Facilities may apply for temporary licenses for up to ninety days to have time to come into compliance with licensing requirements. Facilities that have operated for a certain time period can obtain a provisional license to allow them one calendar year to meet these requirements, except the continuing education requirements must be commenced within ninety days. Facilities must post their license and their retail labor rates.


Temporary paintless dent repair businesses are required to pay licensing fees and comply with other requirements.


A vehicle owner who signs a repair order with a auto body repair facility will be deemed to have a contract with that facility. The facility will be entitled to recover the cost and expenses from the vehicle owner if the owner cancels the contract before the repair work is complete. Costs are payable before the vehicle is removed from the facility's premises.

The board (who makes up the board in your state)is authorized to file complaints with the Administrative Hearing Commission for specific violations and to discipline the facility license. The board may also seek an injunction against anyone who operates an auto body facility without a license. Among other powers, the board has the power to inspect the facility, issue rules and regulations to administer this act, investigate complaints, and impose civil penalties.


AUTO BODY PHYSICAL DAMAGE APPRAISERS

Among other requirements, to be licensed as a physical damage appraiser an individual must submit an application, have certification from the National Institute for Automotive Service Excellence in Damage Analysis and Estimating, comply with continuing education requirements, pay a licensing fee, and provide evidence that any entity on whose behalf they prepare or alter estimates is licensed as a corporation in Missouri.


Applicants who have been employed as appraisers for a certain time period can obtain a provisional license. Appraisers licensed in other states shall have their license recognized in Missouri in the case of catastrophic losses, after submitting information as required by the board, and paying a temporary permit fee.


The board is authorized to file complaints with the Administrative Hearing Commission for specific violations and to discipline the appraiser's license. Among other powers, the board has the power to issue rules and regulations to administer this act, impose civil penalties, and seek injunctions.


Estimates of damage must be prepared using accepted manuals or systems. Estimates prepared by a facility with a certain appraisal system that are questioned by an insurer are only subject to audit by the same appraisal system. A physical inspection of the vehicle is required when the extent of damage is in dispute. The retail labor rates of auto body repair facilities must be used to determine any prevailing labor rate.


Physical damage appraisers, insurers, and other individuals are prohibited from engaging in certain behavior with regard to motor vehicles with damage. All estimates for physical damage claims written on behalf of an insurer must include a notice that vehicle owners have the right to choose the repair facility of their choice and that no one shall use intimidation to change the owner's choice.

Roy Smalley
02-19-2009, 11:18 AM
I am against licensing of collision repair shops. Here is one reason...picked from many... quoted from the reg: and possess an acceptable current reference source for estimating the cost of repairs

This may be minor in the scheme of things but to me it goes to the fundamental nature of free enterprise, and the Constitution. Once this is in force, it is an absolute requirment as will be the ASE certification.

Both are chilling to existing shops and will significantly block entry of new shops into the market place since you have to be born absolutely pure in order to open the doors. Who can do that except deep pocket people that have business lined up from the only people that manipulate the market?

Mike Orton
02-19-2009, 11:24 AM
Facilities that have operated for a certain time period can obtain a provisional license to allow them one calendar year to meet these requirements, except the continuing education requirements must be commenced within ninety days. Facilities must post their license and their retail labor rates.

Forced I-car training? If I can prove I have access and have used oem websites to obtain repair information shouldn't that be proof of continuing education? If I buy repair manuals to add to my personal library, is that considered continuing eductation?

Being forced to post a Labor rate, dictates that you have to bill in increments of time for monetary consideration? No more just billing in dollars for the value of the service?

Roger Walling
02-19-2009, 01:06 PM
Who, besides this bill, decided that "National Institute for Automotive Service Excellence" is the absolute expert in the field?

What happens to a business manager's right to price his own work the way he desires?

It looks like it was written by the insurance companies and one of their “Partners”

ifuwreck
02-21-2009, 09:00 AM
The whole point of my question is, on almost every insurance companies estimate there is a disclaimer that states it is a law in Illinois if you are repairing collision damaged cars you must hold a license, Are the insurance companies breaking the law by paying unlicensed shops to perform repairs? I know on most initial estimates they pay the vehicle owner but on supplements they pay the shops direct. Just something thats been bothering me.

Roy Smalley
02-21-2009, 11:06 AM
Does the insurer "pay" the shop or "pay the insured/claimant"with "OBO"? Or on the direct payments where only the shop is named...? My opinion is insurers don't "pay" shops directly no matter the form of payment, since their only contract for paying is the insurance policy. And the shop is certainly not a party to that contract.....yet, but it is coming.

Since insurers are not currently legally (and that is a big question for court action at some point) selecting shops that would preclude them knowingly circumventing the Illinois statute.

The only way that an insurer would pay a shop where they would be contractually bound together would be if the insurer actually contracted with a shop for specific repairs as in the 'exercised the take-control option', another area in need of court action.

This is what insurance claim practices are about when dealing with most insurers. Muddle it up, take full advantage, bend the law and have the power to enforce their actions no matter how illegal or unethical.