When learning to play a game, you have to read the rulebook to play it correctly.

The same can be said of vehicle repair. There will always be rules and procedures governing the repair process. But understanding the rules yourself and making sure your customers comprehend them is important to a successful repair process.

Keeping Customers InformedMike West, owner of Southtowne Auto Rebuild in Tukwila, Wash., says one of his top priorities is keeping customers informed of their rights. He informs his customers that they have the right to have their cars repaired wherever they want, as far as his state is concerned. West says he also makes sure to let customers know if their insurance companies specified any recycled or non-OEM parts to be put on vehicles. If the customer is the claimant, West also makes sure to inform customers that they are entitled to rental cars while their vehicles are being repaired. "We also tell them that they will need to have full payment in hand, at completion of the repairs, including any deductible," West says. "We call this 'plan to get paid.'"

Beyond this basic information, West also emphasizes the importance of verbally letting customers know their rights and what they should expect as a customer when they drop in or call. West also has an insured motorist brochure with his shop's name on it that he and his repairers hand out when customers come into the shop. Educational "outreach" programs are other options shop owners can use to inform their customers of their rights, "[But] we stay so busy a program such as this hasn't been necessary," West says. However, because customers "are very easily steered to DRPs (direct repair programs) that may have another party's interest at heart, rather than the car owner's," he says, it is important to inform customers of their rights. Programs such as these may prove advantageous because you can reach customers that have not yet come into your shop, but could be prospective clients-if they know they are able to use any repair facility they'd like. "The repair industry should always remember who our customer is and never forget it," West says. "I feel that this has become secondary in the current climate."

Getting the Word Out Patrick McGuire, president of the Law Offices of Patrick McGuire in Chicago, who specializes in legal issues for the collision repair industry, says that shop owners can use myriad methods to get the word out to customers. McGuire says that one of his clients sent a Motorist Bill of Rights with each Christmas card sent to his customers and potential customers. It not only helped current customers become informed, but it also allowed prospective customers to know their rights-even if they have never been to the repair facility.

Another method used by the Society of Collision Repair Specialists (SCRS) puts out a "Motorist Bill of Rights" for insureds, which is available for most states and available as a tri-fold. The Automotive Service Association (ASA) also puts out the "Consumer Bill of Rights for Motorists," which provides answers to some specific questions, including:What should transpire if a customer uses a drive-in claims service; whether the customer must take the vehicle to the insurer's preferred shop; whether a customer must obtain three estimates; and who is responsible to the repair facility for the bill.

Dan Risley, executive director of SCRS, says estimators have been using the organization's "Motorist Bill of Rights" brochures to increase their closing ratio. In many cases, he says, it has meant the difference between actually fixing the vehicle or just writing an estimate. "If you don't tell the customer what his or her rights are, someone else might," Risley says. "It's critical to inform your customers of their right to choose a shop to repair their vehicle upon initial contact." Moreover, even though a warranty is a "right," it's also important to alert customers that one is available to them, even if they do decide go outside the DRP network offered by the insurance company."

Aftermarket Parts, DV and Liability Non-OEM crash parts and diminished value (DV) issues and the debate about what customers' rights are concerning them have kept tensions high between both shops and insurers and customers and insurers. Knowing this provides an even greater impetus for shop owners to know the legalities concerning these issues.

McGuire says it's important for shop owners to know whether their state recognizes first and third party claims or has a no-fault rule. "All of the rights and obligations of the consumer can change, depending on whether it would be a first or third party claim."

Under Illinois law, for example, if a customer makes a claim with his or her own insurance company, the insurer has to be given notice and the opportunity to inspect a vehicle, prior to the vehicle being repaired under most policies. However, there is no obligation to give notice or the chance to inspect the vehicle prior to repair with a third party claim. This is not only important for repairers to know to pass on to their customers, but it also can ultimately affect the shop owner because building in time for an inspection affects the repair facility's schedule.

"If a [third-party] insurance company says, 'We'll be out to see the car one week from Tuesday,'" McGuire says. "The shop owner can say, 'Well, I've been told by my customer to complete the repairs so we're not going to wait for you as the at-fault insurance company.'"

Liability is another area where shop owners need to know the rules so they, in turn, can pass this on to their customers. If an insurance company in a first party case says it won't pay for something, the customer must be willing to accept for the underpayment, McGuire says. However, in a third party case, there is no obligation for the at-fault insurance company to take control of the repair. "There is no contractual obligation, so it's up to the shop owner to make sure the repair is done right the first time," McGuire says.

In the case of aftermarket parts, for the party that caused the accident, the insurer has the right to limit the payment to aftermarket parts for every state that recognizes the difference between first and third party claims. "It's illogical to think that a consumer who buys a brand-name product, such as Levi's jeans, would not be fixed using brand-name parts if it's damaged because of someone else's negligence."

Also, using these generic crash parts can also bring up liability issues somewhere down the road unless there has been full disclosure to the customer, McGuire says. Some states require full disclosure, but for those that don't, a shop owner needs to make sure to let the customer know aftermarket parts are being used to protect himself or herself down the road. "If there hasn't been an explicit agreement with a customer to indemnify the shop, there are some issues of liability that may be raised," he says. An agreement such as this would be a "hold harmless" agreement that states a shop cannot be held responsible. "You can tell the customer [he or she] either has to pay the difference or go back to the insurance company," McGuire says. "It's the consumer's choice, but you have to give the consumer the information to make an informed decision." Don Feeley, owner of City Body and Frame in Riverside, Calif., says informed customers are the best customers, and repairers should let them know about everything that relates to the repair of their vehicle. "They don't need to know the torque pounds of a wheel-their eyes tend to glaze over when you give them that technical information," he says. "You don't have to tell the customer that you've turned a screw 17 times, but they need to be informed." The customer really does need to be involved in the repair process. "Sometimes we feel like we need to shield the customer," Feeley says. "But you have to tell them everything that's going on. A customer is a partner with you." If an insurance policy does not cover a part or procedure or if either won't be fully covered, this information needs to be relayed to the customer. "You need to give all the information as straight as possible," Feeley says. "Be honest and professional about it."