Johnston on the Right to Repair Continuing to Gain Ground: What Collision Repair Shops Need to Know

The evolving legal landscape, including EPA guidance and state right-to-repair laws, supports independent shops in accessing necessary diagnostic tools and information, but effective reimbursement still hinges on meticulous documentation and adherence to manufacturer procedures.

Key Highlights

  • Recent EPA guidance reaffirms manufacturers' obligations to provide emissions-related repair information to independent repair shops under existing laws.
  • State right-to-repair laws are expanding, but their scope varies, requiring shops to stay informed about local legislation affecting access to repair data.
  • OEM repair procedures are crucial for documenting necessary repairs, especially for electronic systems, ADAS calibration, and reprogramming tasks.
  • Investing in in-house diagnostic and calibration capabilities can enhance repair quality and compliance as access to technical information becomes more accessible.
  • Proper documentation of repair procedures and vehicle conditions remains essential for securing insurance reimbursement for electronic and diagnostic work.

Modern collision repair has become as much about software and diagnostics as it is about replacing damaged panels. Today's vehicles rely on sophisticated electronic systems, advanced driver assistance systems, and manufacturer-specific programming that often require specialized tools and technical information to restore a vehicle safely after a collision.

For years, independent repair facilities have argued that limited access to manufacturer repair information, software, and diagnostic tools has increased repair costs, delayed cycle times, and reduced consumer choice. While those concerns have not disappeared, recent developments show that the legal landscape continues to move toward greater access for independent repairers.

EPA Reaffirms Existing Repair Rights

On July 1, the U.S. Environmental Protection Agency issued guidance reaffirming manufacturers' longstanding obligations under the Clean Air Act to make emissions-related service information, diagnostic tools, training materials, and certain reprogramming information available to vehicle owners and independent repair facilities on reasonable terms. The guidance also reiterates that equivalent replacement parts may be used where permitted under applicable law. Importantly, the EPA emphasized that its guidance clarifies existing legal obligations; it does not create new statutory rights or require manufacturers to disclose proprietary software or other protected intellectual property.

At the same time, the EPA recognized the Specialty Equipment Market Association's (SEMA) Certified Emissions (SC-E) Program as an alternative certification pathway for certain aftermarket emissions-compliant products, potentially expanding the availability of compliant replacement components.

State Right-to-Repair Laws Continue to Evolve

The broader "Right to Repair" movement extends well beyond EPA guidance. A growing number of states have enacted legislation requiring manufacturers to provide independent repair facilities with access to certain repair information, tools, and documentation. The scope of these laws varies considerably, however, and no single nationwide right-to-repair statute governs all automotive repairs. Shops should remain familiar with the laws applicable in the states where they operate.

What This Means for Collision Repair Shops

For collision repair facilities, these developments reinforce several important principles.

First, independent shops increasingly have legal support for obtaining the repair information and diagnostic resources necessary to perform OEM-compliant repairs.

Second, OEM repair procedures remain one of the strongest tools available when documenting necessary repair operations. Whether the issue involves pre-repair scanning, post-repair scanning, ADAS calibration, or electronic programming, repair decisions should continue to be based on documented manufacturer procedures and the condition of the vehicle as opposed to generalized assumptions about what an insurer considers "typical."

Finally, investing in in-house diagnostic and calibration capabilities may become increasingly practical as manufacturers continue to expand access to repair information and tools under existing legal obligations.

Insurance Reimbursement Still Depends on Documentation

Although repair-access laws strengthen the ability of independent shops to obtain necessary technical information, they generally do not determine whether an insurer must reimburse a particular repair procedure.

Payment disputes continue to be governed by applicable insurance policies, state insurance regulations, contract principles, and the facts of each claim. The most effective way to support reimbursement for diagnostic scanning, calibrations, and other electronic repair operations remains careful documentation of OEM repair procedures, vehicle-specific conditions, and the necessity of the work performed.

Looking Ahead

Vehicles will only become more technologically complex. As that happens, access to accurate repair information becomes increasingly important for consumer safety, repair quality, and marketplace competition.

The legal landscape continues to evolve, but one principle remains constant: safe repairs require access to accurate technical information. Independent collision repair facilities that understand both the technical and legal aspects of modern vehicle repair will be best positioned to serve their customers while advocating for appropriate reimbursement when disputes arise.

 

About the Author

Chris Johnston

Chris Johnston

Senior partner

Attorney Chris Johnston is a Certified Civil Trial Specialist with over twenty-five years of legal experience. He is the senior partner of Johnston | Martineau, pllc, based in Minneapolis – St. Paul and practicing across the upper Midwest. To learn more or to contact Mr. Johnston, please visit here

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