In the News Media Appearances Michigan No Fault Insurance No-Fault Auto Insurance Law No-Fault Reform

Car Insurance Bill Signed Into Law: Savings Debunked

Now that we now have a new Michigan No-Fault insurance regulation, most individuals might be disenchanted that Auto No-Fault reform will fail to ship any significant, long-term financial savings. Politicians – the Republicans in the Legislature, Detroit Mayor Duggan and Governor Gretchen Whitmer will claim a victory, but the individuals these politicians symbolize might be disillusioned.

Not solely will these promised savings on our automotive insurance coverage be disappointing, but in eight brief years, they will be gone.

The Michigan automotive insurance coverage  bill was rammed by way of the Home and Senate with out public hearings.  The laws was rushed and in lots of essential areas it is poorly written and obscure.  It was then signed into regulation by Gov. Whitmer final Thursday in an enormous ceremony on Mackinac Island.

As I advised Fox 2 Detroit’s Roop Raj when he interviewed me for his story, “Auto insurance reform is on the way. But how much will it actually save drivers?,” any financial savings that drivers happen to see beneath the new No-Fault regulation will probably be significantly less than what politicians and the Governor have promised them:

“The savings we are going to see is limited only to the personal injury protection, or PIP portion of the bill . . . So any savings we are going to see is limited to this 35 percent of your no-fault bill.”

Math is math.

Roughly sixty-five % of your auto insurance invoice might be utterly unaffected by the brand new regulation.

Even for those who elect the very lowest PIP cap choice of $50,000, that only saves you 45% of the roughly 35% of your bill that represents PIP (Private Damage Protection No-Fault advantages).

Whether or not you reside in Detroit or anyplace else in Michigan and your automotive insurance coverage was unaffordable for you before, it can doubtless nonetheless be unaffordable for you now.

To observe my full interview with Roop, take a look at the video under.

Here is why you’ll be dissatisfied by your savings underneath the brand new No-Fault regulation

Savings are only on the No-Fault PIP portion of your auto insurance bill: The savings we are being promised will only apply to the No-Fault PIP portion of your auto insurance coverage invoice. Think about this: No-Fault PIP represents solely about 35% of your auto insurance coverage invoice (this varies inside a couple proportion factors depending on where you live and what sort of automotive you drive).

You don’t save 45% of your complete invoice in case you choose the bottom PIP cap protection degree of $50,000.  You just save 45% on about 35% of your invoice that No-Fault PIP represents. You just traded away limitless lifetime medical look after any affordable medical remedy chances are you’ll need both now and in the future for a $50,000 cap and in change for that commerce you’re only saving 45% of the 35% of the PIP portion of your bill.

Adding insult to damage, Michiganders by my calculations now will nonetheless be paying the third highest auto insurance premium within the nation.

Your financial savings only last for eight years: After eight years, the savings requirement will expire. We all know what auto insurance corporations will do when that occurs. Expecting these financial savings to continue is like Charlie Brown expecting Lucy is finally hold the soccer for him to kick it. This time is NOT totally different.  We’ve seen these assurances and promises from the insurance coverage business time and again. Never once has the insurance business adopted by way of on the assurances and promises they have made prior to now that they might decrease our automotive insurance coverage charges as soon as they obtained what they needed.  Lucy never lets Charlie Brown kick the football. The insurance coverage business by no means keeps its promise once it gets what it needs. This consists of after the sweeping and draconian tort reform that was enacted in 1995 and it additionally consists of all the Kreiner v. Fischer era in Michigan that threw hundreds of deserving and critically injured automotive accident victims in Michigan out of courtroom.

Your financial savings will probably be peanuts in comparison with what the insurance coverage corporations will get: I used the example above of an individual selecting the bottom No-Fault PIP cap of $50,000 for medical protection to point out how paltry the 45% financial savings will probably be as it only reduces your complete invoice by approximately 15%.

Not so on your insurance coverage company. They only went from being responsible for $580,000 in protection (earlier than further amounts can be transferred to the MCCA fund) to now being liable for less than $50,000.

That’s a savings of 91%. Add to that the hundreds of thousands and tens of millions of dollars that auto insurance coverage corporations will save because of the brand new regulation’s Medicare-based No-Fault medical-provider charge schedule and slashing family-provided attendant look after catastrophically injured auto accident victims to only 56 hours every week, and we’re speaking about tens of hundreds of thousands of dollars in financial savings for the auto insurers.

A lot of other goodies and financial savings breaks and boondoggles for the insurance corporations: The new No-Fault regulation provides auto insurers an “out” to keep away from having to scale back their premiums if they will exhibit to the Insurance Commissioner that the brand new regulation’s obligatory price reductions would unconstitutionally deprive them of their property without due process and/or the speed reductions would go away them vulnerable to having too little “capital.” That last part is one thing to pay attention to.  We’ve all lived via extremely reckless insurance company hypothesis (Keep in mind AIG virtually bringing down the complete monetary system in 2008?).

The perverse incentives for insurance coverage corporations, which nowadays actually act more as financial funding corporations, is this: Make investments the money you acquire in premiums in places just like the stock market and make massive bets. Then, for those who lose as a result of the market crashes, or since you are AIG and you spend money on one thing like credit default swaps and lose all your money, then underneath this new automotive insurance regulation you possibly can go to the Michigan Insurance Commissioner and show you now have too little capital to maintain the “guaranteed” financial savings you promised savings.  You then get to increase your premiums and get your a refund out of your insureds whereas avoiding decreasing automotive insurance premiums on your clients because the auto regulation now requires.

In case you are an insurance firm, you get to play with house cash.

Your savings shall be eaten up by increased prices on your employer-provided medical insurance:  The new No-Fault invoice now caps exposure of the insurance coverage corporations for auto accidents on the PIP degree that has been chosen. Meaning we will anticipate a big improve in costs for employers and businesses that will probably be handed on to their staff as health care costs improve to soak up the brand new tens of millions of dollars in medical care and remedy that was paid by auto No-Fault however that may now be paid by medical insurance corporations.

Your savings will probably be eaten up by increases in your taxes as medical prices at the moment are shifted to Medicaid to pay: The Senate Fiscal Agency and the Home Fiscal Agency have estimated that the new No-Fault regulation will improve state Medicaid prices to between $70-$72 million yearly inside 10 years. Meaning the caps on No-Fault PIP medical advantages contained within the new regulation will effectively create a new Medicaid tax on shoppers because it allows insurance coverage corporations to shift tens of millions of dollars in medical care and remedy they might have been liable for paying onto the public-taxpayer-funded Medicaid system.

Your financial savings could possibly be higher if the MCCA have been extra transparent: Even should you forfeit your catastrophic damage coverage by selecting one of the dollar-amount caps on No-Fault PIP medical benefits out there underneath the new regulation, it’s possible that you’ll still should pay at the very least just a little little bit of the MCCA annual assessment within the occasion that the MCCA is operating a deficit. But they could not have been the case if the MCCA have been clear about its rate-setting process and its rate-making assumptions. We’ve never had transparency on these issues (we’ve simply observed repeatedly how MCCA evaluation will increase all the time appear to “coincidentally” be accepted by the MCCA’s insurance-company-dominated Board of Directors every time No-Fault reform was in the information – as it was this yr when another vital price improve was accepted). We do not know how most of the billions of dollars presently inside the MCCA have been set-aside for future automotive accident victims. Equally, we do not know where those billions of dollars will go as drivers choose to forgo catastrophic damage coverage and, thus, don’t qualify for No-Fault PIP medical advantages via the MCCA. It looks like now can be an ideal time for that audit of the MCCA that Gov. Whitmer ordered in March.

Speaking of the MCCA, the decreasing of your MCCA evaluation shouldn’t be counted as “savings” from your personal auto insurance company: Crazy as it might sound, a final minute modification to the brand new No-Fault regulation that was rammed by means of the Republican Legislature will now permit your automotive insurance coverage firm to rely your personal discount in your MCCA assessment as part of the savings that they’re required to offer beneath the new regulation.

This was not within the unique invoice. It was literally a last-minute modification that was passed by the Republican Legislature. The only rationalization is that these politicians are extra concerned with serving to the insurance coverage corporations than they’re with decreasing the excessive prices of auto insurance premiums for his or her constituents. Altering the wording of the invoice language just before the stroke of midnight to allow insurance corporations to rely the discount in MCCA assessments as a part of their own promised financial savings to drivers is corrupt politics at its dirtiest.  (Observe: Even drivers who select the lowest No-Fault PIP medical benefits protection or opt-out altogether will nonetheless need to pay a lowered MCCA assessment in the years when the MCCA is operating a deficit.)

And speaking of the MCCA shenanigans, there’s very alarming language in the new auto regulation that means that probably billions of dollars at present in the MCCA – from your yearly MCCA assessments that you simply pay as a driver – won’t be returned to you but will go to the automotive insurance coverage corporations.  This appears to be an enormous kickback to the insurance business that would now reap a windfall of billions of dollars.

Insurance Corporations will continue to use horrible cut-off docs to seek out nothing mistaken with auto accident victims

Lawmakers had a chance to guard individuals from these so-called unbiased medical experts that insurance corporations rent to do one-time evaluations of people. They might have included obligatory protections such for granted to report and videotape these examinations to guard people who are pressured to see these docs.

But they didn’t.

A lot of the protections that auto accident legal professionals like me have been looking for have been taken utterly out. People who did stay in the bill are significantly watered down. When an insurance company doctor is hand-picked and hired by insurance coverage corporations, the credibility of the examination itself is on the line. Auto accident legal professionals like me problem the integrity of these 1-time exams by these similar insurance coverage company docs all the time. We are saying there’s nothing really unbiased about them, and these similar docs who get hired on a regular basis simply say whatever the claims adjuster needs them to say.

By not allowing auto accident victims the correct to report these exams, the examination course of and outcomes usually are not clear. By denying a transparent course of, we deny juries and judges the appropriate to see for themselves if the exam is truthful and truthful. Now we just should trust these docs to tell the reality and ignore that they make tons of of hundreds of dollars every year discovering nothing fallacious with individuals.

Assume I’m overstating things and these docs all the time tell the reality about their findings?  Click on right here to see a real-life, horrific instance of what one doctor did to certainly one of my precise shoppers.

Writer’s notice: I’ve determined as we speak to not write about my largest disappointment of all with this new automotive insurance regulation. I’ve not written about what is going to now occur to the tens of hundreds of people that require medical care or attendant look after catastrophic vehicle accident injuries. I have not written about what is going to now occur to these tens of hundreds of people that will endure horrific automotive crash injuries however who will now not be capable of receive the medical care they desperately want.  I’ve not written about how hundreds of people will now lose their life savings, be pressured to declare personal bankruptcy and be pressured to show to Medicaid for now vastly limited medical care and providers. Readers of this auto regulation blog know that I’ve expressed my feelings on this many occasions earlier than. For a summary of what this new regulation will do to our most weak and to docs and hospitals that look after them, I encourage you to learn Sunday’s Detroit Free Press article by Mitch Albom entitled “The ugly truth of Michigan’s No-Fault reform bill.”  As he all the time does, Mitch Albom says it higher than I ever might.