The Connecticut Department of Motor Vehicles (DMV) released a bulletin earlier this year that states only repairers or car dealers are in the business of repairing motor vehicles and they are expected to repair vehicles safely and in compliance with available guidelines, including but not limited to, guidance from OEMs. 

The bulletin refers back to Connecticut General Statues 14:52, which states, “No person, firm or corporation may engage in the business of the buying, selling, offering for sale or brokerage of any motor vehicle or the repairing of any motor vehicle without having been issued a new car dealer’s, a used car dealer’s or a repairer’s license.”

All repair decisions should come from a licensed repair professional in consultation with the vehicle owner, the bulletin says. The DMV is the agency in Connecticut that oversees repairer licensing. 

“Licensed repairers are responsible for the quality and safety of each repair, and should always be mindful of, and guided by, practices and procedures that protect the wellbeing and safety of the motoring public,” states the bulletin. 

John M. Parese, Auto Body Association of Connecticut (ABAC) attorney, says the bulletin clarifies what is obvious to those in the industry but not always to the consumer. 

“The party responsible for making repair decisions is the licensed repairer,” Parese said. “We have to say it because there is often a misconception.” 

Parese said he’s witnessed judges in courts ask why repair shops didn’t follow an insurance estimate. 

Collision repair businesses are trained, licensed, and equipped to make repair decisions, he said.

“Sometimes there are repair decisions that are integral to safety,” Parese said. “Who is the one in the best position to make that decision? Is it the licensed repairer or the person who is indemnifying?” 

Parese said repairers should also be guided by industry-recognized guidelines such as OEM recommendations. 

“This [bulletin] gives the shops the opportunity to respond to the appraiser and say, ‘Look, I’m the one charged with making these decisions. I’m the one with the responsibility as reiterated by this bulletin and you don’t have a say in how I repair this vehicle. That’s not your job,'” Parese said. 

The bulletin also can be used as a tool to explain the process to consumers, Parese said.

“If you are in a situation and the insurance company says I think you should fix this car this way, it is not always instinctual for the consumer to understand the [insurance company] doesn’t fix the car,” Parese said. 

Anthony Ferraiolo, ABAC board member and owner of A&R Body Specialty, said there’s been a trend nationally of insurance companies saying certain procedures recommended by OEMs are not needed, such as calibrations and scans. 

“They [insurance companies] have no professional training,” Ferraiolo said.

The bulletin establishes that collision repair shops are the professional, Ferraiolo said. He said the bulletin will be an important document during civil cases. 

Ferraiolo said other states should consider asking their licensing agency for a similar bulletin. 

“This could be something simple without needing legislation,” Ferraiolo said. “We hope states jump on this and go to their licensing agency.”

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