Jury says Hartford violated laws, awards $15 million to Connecticut repairers - - ABRN (Automotive Body Repair News)

Jury says Hartford violated laws, awards $15 million to Connecticut repairers

Source: Automotive Body Repair News

A Stamford Superior Court jury on Nov. 17 awarded $15 million to a group of auto body repair firms after saying The Hartford Insurance Co. engaged in unfair business practices.

The class action lawsuit filed by The Auto Body Association of Connecticut (ABAC) and three of its members alleged that the insurance company engaged in a pattern of unfair practices that violated Connecticut law.

The jury agreed that The Hartford artificially suppressed body shop labor rates by eliminating the use of independent appraisers and relying exclusively on its own automobile service representatives to perform appraisals so the company could control their content, including labor rates. The result: consumers do not get fair, independent appraisals of the damage to their automobiles.

“We are gratified that the jury agreed that The Hartford systematically violated the Connecticut Unfair Trade Practices Act,” says Bob Skrip, president of ABAC and owner of Skrip’s Auto Body in Prospect. “This is just one more step in a long road against The Hartford and other insurance companies that seemingly disregard both regulations and consumers’ best interests. It is a positive development for consumers and body shops statewide, but it remains a long process. We are more confident than ever that we will ultimately prevail.”

The accusations against The Hartford were supported in the lawsuit by extensive documentation including internal memoranda detailing company policies, as well as several depositions by company employees, Skrip said.

The jury agreed that The Hartford improperly forced auto body shops to charge lower labor rates than general market conditions otherwise allow, in effect strangling the industry by exerting undue influence on its appraisers.

The lawsuit said that when customers need auto body repairs following an accident, employees of The Hartford, ‘customer care team specialists,’ were instructed to direct the customers to a preferred shop in The Hartford’s ‘customer care repair service program.’  Consumers were often pressured to abandon their choice in favor of The Hartford’s preferred shop, allowing The Hartford’s appraisers to exert greater control over the repair.

“We are thrilled the jury found that The Hartford suppresses labor rates. This lawsuit was an attempt to change the way business is done in this industry,” says David Slossberg, an attorney with Hurwitz, Sagarin, Slossberg and Knuff, of Milford, co-counsel for ABAC. “The jury’s verdict is a major victory toward that end. The next step is to ask the court for immediate injunctive relief. Our team is looking forward to crafting that request.”

Comments from our Readers
 Posted 2009-11-18 18:03:30.0
It's really too bad that the shops don't have the business skills to tell the Hartford adjustors, no. If the shop does not like the rates on the estimate all they have to do is refuse to do the work at that price. It seems to me the shops want to charge the highest rates in the market and not have to be competetive. Poor business practices and poor estimating skills make them unprofitable, not the insurance companies. I expect this ruling to be overturned on appeal.
 Posted 2009-11-19 17:56:52.0
re piere- What ins company do you work. The collision industry is dictated by ins companys, do it our way or will make sure we steer every car possible away from your shop.Do you really think its fair that the persons paying for the repair(ins company) dictates the repair process & also the labor rates surveys. If your neighber wrecked your car where would you get it fixed his freinds shop or pick your own. MECH RATE $96hr BODYSHOP RATE $40- NO INCREASE IN 8 YEARS
 Posted 2009-11-20 11:11:52.0
With this control,the insurance companies are cutting out the good small body shops by not allowing them to participate in the drp programs. The small shops loose out by low work volume and can force a more narrower playing field. The larger drp shops will be forced to do work at insurance demands to pay for their extra overhead by having drp at their location. My prediction, is that there will be less techs in the trade causing the body shop work force to shrink and nobody around to repair vehicles. At this point will the insurace companies open their own shops? This field is getting more expensive by the day, how will independent shops compete?
 Posted 2009-11-20 21:26:45.0
HEY PIERRE! you must be some nobody, that has no ownership in a business, that thinks it's that easy. I would love to see you won a small shop and see just how long you would last. But, Im sure you would bend over and just let the insurance have thir way with you.
 Posted 2009-11-24 11:07:08.0
Too bad that the collision repair industry and insurance companies have to fight the same battles in every state. What we need is federal guidelines on best practices for insurers and collision repair shops to follow, so the consumer, who pays all of our salaries is protected and if involved in an accident, has the right to choose who repairs the vehicle, and repairs return the vehicle to pre-accident condition or the vehicle is a total loss. Isn't that what the poicy says....and isn't that what most insurance departments promulgate? Too bad for all the loop-holes and not following the "spirit" of the regs we already have in place.
 Posted 2009-12-01 11:59:55.0
Hey Hank; Don't even suggest that the Feds get involved, they are so power hungry now, that they are almost a dictator ship. Good old A. Hitler style in everything.
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