Industry hears from couple that sued shop over repairs

By John Yoswick

In an emotional on-stage interview at the Collision Industry Conference (CIC) held in Las Vegas in llow OEM repair procedures talked about the dramatic changes in their lives caused by their substantial injuries in a subsequent accident.

Marcia Seebachan said she remembers nothing from the time of the 2013 accident until four days later, on Christmas, when she regained consciousness in the hospital and wasn’t sure whether to believe her parents that her husband, Matthew, had also survived the accident and was just in another hospital.

She said it only added to the couple’s trauma to later learn that their injuries were likely greatly exacerbated by the body shop’s decision — prior to the Seebachan’s purchase of the vehicle — to attach a replacement roof to it using adhesive rather than the welds called for by the automaker.

“This wasn’t just a series of unfortunate events. This was something intentionally chosen to have been done to the vehicle that impacted everything that happened to us,” Marcia Seebachan said. “It’s one thing to be dealing with the most traumatic thing in your life, but to find out there were choices made that increased the likelihood that this happened to you is just re-traumatizing. There was a whole different grieving process that had to happen.”

The Seebachans two years ago won a $42 million judgement against the Texas dealership body shop after their accident involving their 2010 Honda Fit. Prior to the Seebachans buying the used vehicle, the shop had attached a replacement roof to the vehicle (after hail damage) using structural adhesive, even though Honda’s repair procedures called for the use of welds. The Seebachans argued successfully in their lawsuit that their injuries in the subsequent accident were more severe because the roof separated and failed to protect them as it would have if Honda’s repair procedures had been followed.

The Seebachans also sued State Farm for its alleged role in the shop’s choice of repair procedures; that lawsuit was settled a year ago without the terms of the settlement being disclosed.

But the discussion at CIC in Las Vegas did not focus on the lawsuit, but rather on how the incident has impacted the Seebachans. Marcia recovered more quickly than Matthew though her injuries were severe: broken arm, wrist, femur, feet and pelvis, perforated intestines, torn aorta lining. She required several surgeries to repair the tendons that attach her skull to her spine. She said her pain remains constant, but “is more manageable” than Matthew’s and interferes less with her job and day-to-day life.

Matthew’s severe burns, particularly on his lower legs, required more than two years of daily wound cleaning. His most recent surgery related to his injuries was in late 2017, four years after the accident. He has been unable to return to work nor continue his training to become a registered nurse. 

“For about 30 hours before the night before our trip [to CIC], I don’t think he got out of bed for any meaningful amount of time,” Marcia said of her husband. “I couldn’t have a conversation with him. That’s not an unusual thing.”

The couple said his pain often prevents him from attending even family functions.

“There are days when I can focus, when the pain is not so bad,” Matthew said. “There are days I just have to curl up for hours. I sleep for maybe 12 hours. Other nights, I don’t sleep at all. It’s hard for both of us to know what it’s going to be like on any given day.”

The couple has had to give up on their plans to become foster parents.

Marcia Seebachan said as a clinical social worker, she must adhere to a code of ethics that requires her to use only evidence-based practices with clients. That makes it even more difficult for her to fathom why anyone would use a practice in their field — such as a repair procedure — without evidence and research that it is effective and appropriate.

That’s why the Seebachans testified in favor of legislation proposed in Texas earlier this year that, if passed, would have required the use of OEM repair procedures. Marcia Seebachan said that the second or third or subsequent owners of a vehicle deserve the same assurances the original owner had of that vehicle’s engineered safety.

“If you’re going to tell me this repair work is as good or better than the original design, then you should be able to show evidence to support that,” she said.

CIC Chairman Jeff Peevy and his wife, Marie, conducted the 40-minute conversation with the Seebachans at CIC. Peevy said he was particularly compelled to invite the Seebachans to speak after realizing the couple had many similarities to his own daughter and son-in-law, who also live in Texas, who are about the same age as the Seebachans, and who also bought a used Honda Fit from a dealership at about the same time the Seebachans did. Peevy said his goal was to let the industry get to know the people they likely had previously only read about.

 “This is really about human impact as a result of bad decisions,” Peevy said. “Every one of us in this industry is in a position to make decisions. Those decisions impact people and their vehicles and their families and their safety. So I think it’s important that we start to think about the decisions we make, that we always consider those people who put their lives in our hands when we repair vehicles. We all, in every segment, have a role to play in these decisions.”

He thanked the Seebachans for the not-insignificant effort it took for them to travel to and speak at CIC.

“There’s no telling how many lives you have saved because of your strength and courage and willingness to come here and tell your story,” he said.

He recounted hearing about a shop that became aware of the Seebachans’ experience just after having replaced the roof of a vehicle for which there was no OEM repair procedure.

“They started looking at the old roof, comparing it to what they had done, and realized they had not put spot welds in,” Peevy said. “So the technicians and the shop owner decided, based on what happened to you, that they would tear the roof off, order a new roof and spend the time to redo the job to make sure they put in the proper number of spot welds, to ensure they had repaired it as properly as possible.”

Peevy said the Seebachans over time will likely hear of similar examples of their impact on the industry

Marcia Seebachan said she knows many people undergo traumatic experiences without being given an opportunity, as she feels she and Matthew have had, to create some positive outcome from those experiences.

“We’re grateful for everyone being willing to sit in this space with us and hear our story, and hope you walk away with it when you make decisions in your practices,” she said. “That’s all we can hope for, is that you’ll remember that.”  •