Monday, June 22, 2009

Would you support an auto insurance plan that makes victims whole?

Makes victims whole and punishes vio;ators

The plan would be the first to pay before any other insurance
you have for:

1. Repair or loss of your auto.
2. Car Rental while yours is getting fixed.
3. Doctor and hospital bills.
4. Prescriptions for injuries.
5. Lost earnings while under doctor care till he releases you.
TO THE LIMITS MANDATED BY STATE LAW

In addition this will:
A. Would allow “Guest Workers” to obtain a license.
B. Resolves the loss or repair of the auto by administrative actions.
C. Resolves the loss of earnings while under doctor care by administrative actions.
D. Resolves the cost of medical care by administrative actions.
E. Make the person whole financially to the limits mandated by state law.
F. Frees up the courts by reducing the court time in settling law suits.

This is how it’s done:

1. Require all licensed drivers to renew their license and info
monthly while paying for their monthly insurance
premium.

2. Would suspend or revoke the license after 30 days of non-
payment or information is found to be false.

3. Would allow for the confiscation of any auto under the
control of an un-licensed driver even if the car has a lien.

4. Will prohibit compensation by law of any kind to those who
have been injured in an auto accident caused by a licensed
driver to an un-licensed driver and to the driver of any car
not properly registered.

5. Would arrest an un-licensed driver accident or not. In the
case of an accident caused by the un-licensed driver, if
found guilty a mandatory fine of not less than the total
damages caused, plus court costs will be levied.

6. Drivers can get ancillary or additional private insurance to
extend their coverage, but are subject to the same
regulations as the insurance provided by the state.

Driving is a privilege and one who wishes to have this must follow the rules and regulations also two prerequisites.

1. Assumable Risk.

No matter how safe you drive, you may be involved in an accident. Licensed drivers will follow the rules of the road. If you’re involved in an accident you may be injured. Pain and suffering is an assumable risk. Example: You go to a baseball game and sit along the 3rd base line. A high foul ball is hit and you get hit in the head. You cannot sue for damages or pain and suffering because you waved that on getting the privilege to sit there and watch the game.

2. Accepted Risk

Is the risk someone takes when they willfully violate the law such as drive without a license or properly registered auto. This includes those that ride as a passenger. Person who intend to ride with a driver has the obligation to ask that the driver has a valid license. fot themselves and the car in order to accept the risk that are about to take.

The legislators approve measures that: Allow the State to be the carriers of auto insurance and cover to the limits set above.
Have the State Dept. of Insurance be the manager of this insurance. The additional funding for this can be acquired by the interest paid on deposited monies collected from the licensed drivers. Have the State Dept. of Insurance work and share information with the Dept. of Motor Vehicles invalidating, suspending, issuing, drivers licenses and in determining how much a licensed driver is to pay per month for the privilege to drive. Have these departments share and receive income verification from the State Tax Board to determine actual loss of income an injured party may have. In the case of someone un-employed or is under doctorcare they will be assessed at Minimum Wage standards. All license requests will be subject to the terms of registration. They must submit to Retina scans, Finger Prints and their home and work addresses. This they must verify is current every month under penalty of perjury.
Creates three basic coverage’s a licensed driver will have: Medical, Property damage and Loss of incomeProperty Damage. If the repair costs to the vehicle are under fair market value, and under $30,000 the state will pay the body shop directly for the repair. If the repair is above fair market value, the owner has choices. 1. To have the vehicle repaired and pay out of pocket the overage. 2. Salvage the vehicle and get a voucher from the state for the fair market value to be applied toward the purchase of another vehicle. If the person refuses to do either, they forfeit the loss.

All injured parties of an accident must use CountyMedical Facilities and State approved body shops. Out of state drivers and insurance will be required to follow the states rules while the driver is within this state.
Require private insurance companies follow and obey the standards set above. The state pays first to the limits of Medical,Property and Income loss to the injured party. Private insurance if they have any will cover amounts to their limits set. Raise the cost of a drivers license from $10 for 3 years to 50 cents to 1 dollar a month. This will pay for more DMV employees to handle the extra duties. This will virtually eliminate the need to settle losses by the courts and lawyers. Makes the injured party whole to the limits of total insurance carried. Sets a base for allowing for immigrants under the Guest Worker Program to register for a drivers license although their license will look somewhat different in color and design with a GW or IM in front of their number.
{This must be included to pass approval with the Governor}Supports our county hospitals and doctors by reducing financial losses. Insures that all licensed drivers have the basic minimum auto insurance coverage. Sets the requirements to limit excessive payouts and reduce fraud.

This insurance only covers to the limits established for the victim of the driver that caused the accident, not to the driver responsible for the accident.

Ancillary Auto insurance can be purchased to cover the 3 categories presented over and above these and areas not covered. But as to the 3 categories, the state insurance pays first to the limits if the limits set when verified.

If an unlicensed driver causes and accident or a licensed driver is driving an unlawfully registered vehicle causes an accident the vehicle driven will be confiscated and the driver arrested and cited with violation of state law. They will have a trial and if found guilty the sentence would be suspended until all damages have been totaled. The guilty person would then be fined by the court to the amount of damage caused up to $90,000 plus costs for trial. They must make agreement to make payments to the court and then they would be released. Failure to pay the fine means arrest and confinement till another promise to pay is made and followed. At some point they will not be release.

As a victim of an accident following the sample as above the unlicensed driver and / or the unlawful car would be confiscated in addition they will be precluded by law to seek any damages from the accident {Assumed Risk} The licensed driver would still have an accident attached to their record, but the insurance would not pay out.

If an insured driver caused the accident to an unlicensed driver / car The driver is cited and the accident is recorded, but the unlicensed driver cited, the car is confiscated and cannot seek claims for loss.

Once this is in place it sets the stage for possibly a"Pay at the pump" system, where a licensed driver would pay for their gas by using their drivers license to activate the pump where the state computer will determine how much the driver will pay for the gas based on the amount of "Risk" they are. For example: It would be determined that the average car gets 20mpg. That being said I buy 20 gallons of gas a month, that means I drive 400 miles per month. Bill buys 200 gallons a month therefore he drives 4000 miles per month. Each having no tickets or accidents and near same age who has the most risk? Bill is, he spends more time on the road than I do. Where I may pay a $2 per gallon insurance fee to my gas Bill may pay a $3-4 insurance fee added to his gas. By virtue of having a license and a car with gas we are insured. And this applies to any vehicle a licensed driver is driving.. If it has gas, it's covered.

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