The Negotiation – A Problem We Need to Stop Ignoring

by Matthew Ciaschini, MABA President

A few weeks back, a staff appraiser walked into my shop. He told me he is new to Massachusetts. He seemed very polite – despite working for one of the big nationals that’s trying to get its footing here.

I didn’t mind showing him how we operate. We were mid-claim, with the car was dismantled for the purpose of documenting the damage and blue printing, and we were knee-deep in the kind of work that actually matters: safety operations, OEM procedure documentation, photos, parts orders…you know, overall repair planning. The stuff that separates a proper repair from a shortcut or a quick-hitter volume shop.

So, I asked him straight out: “How does your company negotiate paint and materials in Massachusetts?” And here’s what I mean by negotiate:

Ne·go·ti·ate: to deal with some matter or affair that requires ability for its successful handling or to arrange for or bring about through conference, discussion and compromise.

Well, he didn’t even hesitate. He said his supervisor’s guidance was basically this: listen to the shop, then say “we don’t pay for that,” and keep moving. This wasn’t in regard to P&M…it was about EVERYTHING!

I’ve been doing this long enough to know that’s not negotiation. That’s a script. And in Massachusetts, there’s a real difference.

This appraiser, since this first instance, has told me, “Stop fighting, it’s useless” and that “you guys all make plenty of money.” Just what you want to hear out of the mouth of an employee of a multi-100 billion dollar insurance behemoth! I refuse to stop fighting for what is right for our customers and our industry.

What the Rules Actually Say

Massachusetts doesn’t leave “negotiation” up to interpretation. The appraisal regulations are clear: the insurer’s appraiser and the shop’s appraiser “shall attempt to agree on the estimated cost of repairs;” this is specified in 212 CMR 2.04(1)(e). Not “may attempt.” Not “should probably try.” Shall. And the shop’s appraisal exists specifically for the purpose of that negotiation.

The appraiser shall determine which parts are to be used in the repair process in accordance with 211 CMR 133.00. The appraiser shall itemize the cost of all parts, labor, materials and necessary procedures required to restore the vehicle to pre-accident condition and shall total such items.

The rules go further. The appraisal has to itemize parts, labor, materials and “necessary procedures” to return the vehicle to pre-accident condition. Published estimating manuals can’t be modified without prior negotiation. And you can’t game the system by flipping between estimating platforms to get a number you like better.

When a staff appraiser tells you the company line is “listen and deny,” that’s not a gray area. That’s denial wearing a polo shirt. And it’s exactly the kind of conduct these regulations were written to prevent.

Stop Venting. Start Documenting.

Here’s what I’ve learned after years of dealing with this: complaining to each other at the shop doesn’t move the needle. Documented complaints to the right agencies do.

Massachusetts has the Auto Damage Appraiser Licensing Board (ADALB) for exactly this reason. The law connects an appraiser’s conduct directly to their license. Damage reports have to include the appraiser’s license number. That’s not an accident; it’s an accountability trail.

Here’s the part that should get your attention: violating 211 CMR 133.00 or 212 CMR isn’t just a paperwork issue. It’s treated as an unfair or deceptive act or practice under Massachusetts law. Insurers are on the hook for what their appraisers – staff or independent – do. So, when that appraiser said, “My boss told me to deny,” he wasn’t just making small talk. He handed over a documented compliance issue.

How to File an ADALB Complaint

That Actually Gets Looked At

If you’re going to file with the ADALB, file it like you’re building a legal case, because in a sense, you are. Most collision shops already have what they need: Massachusetts shops should all maintain at least one licensed appraiser for preparing damage appraisals.

The Board’s complaint form tells you exactly what it wants: cite the specific section of 212 CMR 2.00 you believe was violated, give a statement of facts with dates and times, and attach every document that backs you up – appraisals, correspondence, photos, OEM procedures, the works. It’s signed under pains and penalties of perjury, so be thorough and be accurate. During its most recent meeting, the ADALB voted to add the complaint protocol to its amendments to the regulation; see page 14 for a recap of that meeting.

For the “listen and deny” problem specifically, anchor your complaint to the requirement that appraisers “attempt to agree” on repair costs and the prohibition on unilaterally modifying published estimating systems.

Don’t let supplements get slow-walked either. The regulations have teeth here too: when additional damage is found after repairs begin, 212 CMR 2.04(1)(h) specifies that “the insurer shall assign an appraiser who shall personally inspect the damaged vehicle within three business days of the receipt of such request. The [insurer’s] appraiser shall have the option to leave a completed copy of the supplement appraisal at the registered repair shop authorized by the insured or leave a signed copy of his or her field notes with the completed supplement to be mailed, faxed, electronically transmitted or hand delivered to the repair shop within one business day” [emphasis added].

If that’s not happening, write it down. Date, time, what was requested, what response you got. That’s not bureaucratic box-checking. That’s how you build a pattern. Cover your bases by backing up your concerns in an email to your customer while copying the appraiser and claims adjuster for that claim.

MABA members should contact us. Should you have any issues understanding the complaint protocol regarding your specific issue, we can point you in the right direction. You’ll want to be sure all your i’s are dotted and t’s are crossed. If you’re not a member, there is no better reason to join; getting properly paid for the work you do and the liability you take on will more than pay for your initial dues. As part of the process you should send your complaint via email to MVDA.mailbox@mass.gov, or send a letter to the Division of Insurance at 1 Federal Street, Suite 700, Boston MA 02110. Document when you have sent in your complaint and include a request for the specific assigned docket number for tracking purposes, so that you are assured your complaint has been received.

Help Your Customers Use Their Own Complaint Channel

Shops have standing to complain about appraiser conduct. But your customers have a separate lane: the Massachusetts Division of Insurance (DOI) consumer complaint process. Insurers pay a lot of attention to that channel.

When you’re walking a customer through it, tell them to try resolving it with the insurer first because that’s what the form asks, and if they hit a wall, file the complaint with backup. They’ll need the insurer name, policy number, claim number and copies of everything: your estimate, the insurer’s estimate, supplement requests, any denial messages, photos and OEM documentation supporting the procedures you called out.

Heads up: complaints and inquiries to the DOI may become public record. Make sure your customer knows that before filing.

Consumers can submit a complaint via email: CSSComplaints@mass.gov (or using the same mailing address above). In turn, they should also request the specific assigned docket number for tracking purposes to ensure their complaint has been received.

One Shop Arguing Gets Ignored. A Pattern Won’t.

You’ve been around long enough to know this: a single shop pushing back on a single appraiser looks like a disagreement. The same playbook showing up across dozens of shops, across multiple counties, on claim after claim, that’s a market conduct issue. That’s what regulators can actually act on.

You can’t out-argue a deny-first strategy. But you can document it, tie it to the regulation and put it in front of the people who have the authority to do something about it. The Commonwealth already built that process. Use it.

That staff appraiser probably thought he was just explaining how his company operates. What he actually did was say the quiet part out loud. Now, it’s on us to respond the right way: write it down, file it, and protect the customers who trust us with their vehicles. Whether it’s members of an association or complaints showing a pattern, there is strength in numbers.

Want more? Check out the April 2026 issue of New England Automotive Report!