Monday, January 29, 2007

Introduction

Upon commencing reading from various sources of information which included reviewing statutes and legislative history, multiple industry peridicals, business newspapers, insurance industry periodicals, I became acquainted with an industry heavily regulated by statutes, regulations, enforced through a state agency, coupled with monumental financial and legal issues being imposed by the industry's relationship with insurers acting through adjusters.

There existed numerous suggestions concerning improved business operations by auto body repair shops in the literature. Voluminous theories and recommendations are described on multiple sites located on the internet.

After reviewing the contents of many writings, publications and internet materials, it became clear to me that one common factor existed. That common factor was and is a lack of uniform legal definitions of important terms and industry concepts. It appeared clear to me that a legal definitional foundation could be created allowing repair shops to understand its relationship with the insurance industry and its customer. With regards to the Bureau of Automotive Repair, by understanding the reasons for auto body repair legislation coupled with knowledge of BAR regulations, auto body repair shops could develop positive relationships with the BAR and minimize the tension existing between the regulator and the industry.

It is with this background that I prepared a DICTIONARY for the AUTO BODY REPAIR INDUSTRY.

The Auto Body Repair Law Dictionary can serve as an effective vehicle for understanding and communication of legal concepts amongst members of the industry and their counsel. It can serve as a basis for future drafting by the industry of proposed regulations and legislation, should that be deemed desirable. Knowledge of legal principals pertaining to the industry can assist in better understanding of the independent auto body repair shop's relationship to its customer and to the insurer's adjuster, which understanding should enhance the economic position of the repair shop vis-a-vis the insurer.

The text places an emphasis upon California statutes and insurance commissioner regulations.