BILL ANALYSIS                                                                                                                                                                                                    



SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
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                                           THIRD READING
                                                              
                                                        .

Bill No:  SB 49
Author:   Lockyer (D)
Amended:  5/23/95
Vote:     21
                                                              
                                                        .

 SENATE INSURANCE COMMITTEE:  8-0, 4/5/95
AYES:  Rosenthal, Lewis, Hayden, Hughes, Johnston, Killea,  
  Peace, Russell
NOT VOTING:  Rogers

 SENATE JUDICIARY COMMITTEE:  8-0, 5/9/95
AYES:  Campbell, Lockyer, Mello, O'Connell, Petris, Solis,  
  Wright, Calderon
NOT VOTING:  Leslie

 SENATE APPROPRIATIONS COMMITTEE:  8-2, 5/15/95
AYES:  Johnston, Alquist, Dills, Greene, Killea, Leonard,  
  Mello, Polanco
NOES:  Kelley, Leslie
NOT VOTING:  Calderon, Lewis, Mountjoy
                                                              
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SUBJECT:    Automobile insurance

 SOURCE:     The author
                                                              
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DIGEST:    This bill makes major changes to the automobile  
insurance system with changes in both insurance  
requirements and the dispute resolution system.  Provisions  
of the bill take effect between July 1, 1996 and January 1,  
1997.

                                                     
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 ANALYSIS:    Existing law:

 1.  Requires owners and operators of all motor vehicles to  
    maintain ofinancial responsibilityo (usually a policy  
    of insurance) with minimum limits of $15,000 per person  
    per accident, capped at $30,000 total for any one  
    accident, for bodily injury liability, and $5,000 per  
    accident for property damage liability (o15/30/5o).

 2.  Provides generally that disputes under $5,000 may be  
    handled by osmall claimso court, which involves a judge  
    sitting without a jury and relatively informal rules of  
    evidence.

 3.  Allows any person obligated to pay for or provide  
    benefits to seek recovery or recoupment from a third  
    party or the third partyos insurer if the injuries were  
    caused by that third party (collateral sources).

 4.  Requires any person involved in an accident to  
    exchange driveros license and vehicle registration  
    information, and to report the accident to the  
    Department of Motor Vehicles (DMV).

 5.  Grants the Insurance Commissioner broad latitude over  
    automobile insurerso rating of insurance, subject to  
    criteria contained in Proposition 103.

 This bill:

 1.  Reduces the mandatory financial responsibility limits  
    to $10,000 per person, capped at $20,000 per accident,  
    for bodily injury liability, and $3000 for property  
    damage liability (o10/20/3o), with a provision  
    authorizing a purchaser of a minimum limits policy to  
    waive coverage for property damage liability.  The bill  
    also adds a requirement that every policy provide first  
    party coverage for expenses resulting from injuries to  
    every occupant of the vehicle, up to a limit of $1000  
    per person.

 2.  Establishes jurisdiction in small claims court for  
    auto accident cases up to $10,000, and provides  
    specific procedures, including a 20 percent cap on  
                                                     
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    contingency fees, for auto accident cases which parties  
    file in the small claims court.

 3.  Establish a number of new practices and requirements  
    for handling litigation of automobile accident cases,  
    including:

    A.  A requirement for early exchange of information via  
       use of a questionnaire developed by the Judicial  
       Council.

    B.  The right to introduce omedical injury profileso as  
       established by the Insurance Commissioner as  
       nonconclusive evidence of proper utilization of  
       medical services.  

           The bill distinguishes between  serious and  
        non-serious auto accident injuries for purposes of  
       controlling discover and medical utilization and for  
       implementing the sale of a no-litigation policy.

           oNon-serious injuryo means a personal injury  
       that results in a concussion of a non-permanent  
       nature or an impairment or injury of the  
       musculoskeletal system of a non-permanent nature.   
       It includes sprains, strains, abrasions, bruises,  
       hematomas, laceration that are not permanently  
       disfiguring, and injuries commonly characterized in  
       the automobile injury reparations system as  
       osoft-tissue.o

           oSerious injuryo means a personal injury that  
       results in a fracture, herniated discs, laceration  
       that results in scarring or permanent disfigurement,  
       internal organ injury, loss of sense or senses that  
       is not temporary, loss of body part, any permanent  
       nerve impairment, loss of fetus, paralysis,  
       permanent brain injury, or death.

           The determination of whether an injury is  
       serious or non-serious shall be made by the court.

    C.  Mandatory judicial arbitration of any case which  
       the presiding judge, in his or her sole discretion,  
                                                     
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       determines would not result in more than $50,000 in  
       damages.

    D.  A openaltyo requiring any party to pay litigation  
       costs and attorney fees if they fail to better any  
       arbitration award by seeking trial de novo.

           Provides that nothing in (C) or (D) is to  
       preclude any party from mediating the dispute or  
       utilizing any other voluntary dispute resolution  
       process.

    E.   Changes to the so-called ofast-tracko procedures  
       aimed at facilitating settlements in lieu of getting  
       quickly into costly litigation.

    F.   Adopts a medical fee schedule, initially according  
       to the schedule adopted for workers compensation  
       cases (80% of the usual and customary fee if the  
       service is not scheduled) but subject to  
       modification by the Insurance Commissioner.

    G.   Reforms the collateral source rules, including  
       procedures to notify payors of a possible liability  
       claim, making auto policy first party coverage  
       (oMedPayo) primary (i.e., the third party claimant  
       could not recover from the other party amounts paid  
       directly to the third party by his or her own  
       insurer).

           Provides that the settlement, arbitration or  
       judgment award of an auto injury claimant would be  
       reduced (up to a maximum $3,000) when the claimant  
       has received benefits for the claimed injury from an  
       auto MedPay policy.

 4.  Authorizes insurers to use a so-called oPPO for  
    collision repairso if certain quality control  
    requirements are met.

 5.  Requires owners to establish proof of financial  
    responsibility (insurance) at the time a vehicle is  
    registered at DMV.  Requires a $1 fee at the time of  
    registration or renewal of registration of every  
                                                     
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    vehicle subject to registration, except those exempted  
    under the Vehicle Code from payment of fees.  The money  
    collected is to be used to reimburse DMV for costs  
    incurred in implementing these provisions.

 6.  Requires drivers involved in accidents to exchange, in  
    addition to current requirements, insurance information  
    and to report the possibility of a claim within 10 days  
    of the accident to the insurance company which insures  
    the other party involved in the accident.

     Requires the DMV to include information concerning  
    these requirements in its Driveros Information  
    Handbook, and to test for knowledge of these  
    requirements.

 7.  Requires liability policies to include an option for  
    the policyholder to agree that any property damage or  
    non-serious injury liability claim will be submitted to  
    binding arbitration.

 8.  Amends the penalties for insurance fraud.  Provides a  
    five-year enhancement for insurance fraud scheme  
    involving $100,000 or more; misdemeanor penalties for  
    auto repairers who offer kickbacks to offset  
    deductibles on an auto insurance policy.

 9.  Expresses legislative intent that:

    A.  Minimum limits policies be sold to good drivers in  
       all areas of the state for $450 ($350 if property  
       damage liability coverage is waived).

    B.  The Insurance Commissioner reach the target price  
       by use of between five and eight geographic regions.

    C.  The Insurance Commissioner establish a way to  
       orecaptureo subsidy to minimum limits policies by  
       surcharges on policies providing higher limits.

    D.  The Insurance Commissioner establish a premium  
       exchange mechanism to ensure an equal distribution  
       among insurers of the costs of providing a minimum  
       policy to good drivers.
                                                     
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 10. Provides that a violation of the provision of law  
    requiring the wearing of a seatbelt does not result in  
    a violation point count.

 Comments

 Purpose of the bill:  The author has been pursuing  
comprehensive reform of the automobile insurance system for  
several years, and this bill continues that pursuit.  The  
approach is to attempt to maintain the basics of the  
liability system while attacking the areas which drive the  
high costs of the system.

 Previous legislation:  SB 10 (Lockyer) of 1992, which was  
vetoed, contained most of the provisions of this bill.  SB  
10 went to conference committee, and was the subject of  
substantial hearing, debate, and study.  Much of the work  
focused on quantifying potential savings to the automobile  
insurance system which would result from the various  
provisions of the bill.

oI am returning Senate Bill 10 without my signature.

oThis bill includes a number of provisions:  it imposes a  
reduction in financial responsibility limits from  
$15,000/30,000 bodily injury, and $5,000 property damage to  
$10,000/20,000 bodily injury and $3,000 property damage;  
sets a price target of $350-$450 for the basic policy with  
rates and territories to be set by the Insurance  
Commissioner; and makes several changes in law relating to  
small claims, mandatory arbitration, and exchange of  
information among parties.

oThis bill fails to achieve comprehensive reform of the  
auto insurance system because it doesnot address the  
underlying forces causing the greatest increases in costs,  
particularly in the bodily injury liability system.

oFor drivers who purchase a basic liability policy only,  
this bill would achieve savings through reduced levels of  
coverage, not through fundamental reform.  Premium  
increases in liability insurance have been driver by  
perverse incentives that drive up actual injury claims,  
                                                     
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reward fraud, allow excessive involvement of attorneys in  
claims, and award pain and suffering damages for eve minor  
injuries.  SB 10 does not meaningfully correct any of these  
deficiencies in the present system.

oMoreover, unlike SB 941 of the 1991 Session, the no-fault  
proposal which guaranteed a price of $220, SB 10 does not  
guarantee low-cost insurance for California drivers.  The  
provisions of SB 10 would not produce significant cost  
reductions, and the target price in the bill is not  
guaranteed.  The projected savings in SB 10 are predicated  
on a number of unproven assumptions which are not actuarial  
sound.  Other reform proposals, particularly SB 941, have  
met a very rigorous burden of proof showing that the  
proposed solutions would in fact produce savings.  That  
standard has not been applied to SB 10.

oConsumer Union has opposed SB 10, and noted in its letter  
to the California Legislature that, oPossible savings  
claimed in the system are not adequately documented, and  
are too speculative.o  Other consumer groups have requested  
that SB 10 be vetoed because it does not truly reform the  
auto insurance problem in California.

oI am committed to fundamental reform of the auto insurance  
system and believe that no-fault insurance, not SB 10,,  
will be most effective in attacking the underlying factors  
that are driving up the cost of insurance.  SB 10 is  
nothing more than an empty promise to lower the cost of  
insurance.  Californians donot want any more empty  
promises, they want guaranteed, available, low-cost auto  
insurance.

oI will continue to work in the next legislative session  
with a coalition of consumer groups, businesses, and  
legislators from both parties to enact comprehensive real  
reform of auto insurance.o

It passed the Senate 24-8 (Noes:  Calderon, Hill, Johnston,  
Killea, Leonard, Leslie, Maddy and Rogers).

 Related bills:  SB 1229 (Killea) proposes a no-fault  
solution to automobile insurance problems, and has been  
referred to the Senate Judiciary Committee.  AB 607  
                                                     
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(Brulte), also a no-fault bill, has been referred to the  
Assembly Insurance Committee.

 FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes

 SUPPORT:   (Verified 5/23/95)

California Defense Council

 OPPOSITION:    (Verified 5/23/95)

Office of Insurance Advisor
Association of California Insurance Companies
Consumers Union
California Judges Association
Department of Finance
California Association of HMOs

 ARGUMENTS IN SUPPORT:    The authoros office states, oThis  
measure seeks to ensure that affordable automobile  
insurance is made available to all Californians through the  
implementation of a variety of cost containment, tort  
reform and anti-fraud components.

The bill oseeks to reduce insurance costs by requiring each  
participant in the process to give up a piece of their  
share of the pie.  Don Bashline, an independent actuary  
from Massachusetts, has evaluated the reforms in SB 49 and  
concluded that auto insurance under the terms of this bill  
can be offered on a statewide flat rate of $260.o

 ARGUMENTS IN OPPOSITION:   The California Association of  
HMOs opposes the provision in SB 49 eliminating from any  
auto accident recovery the first $3,000 of reimbursement  
for medical expenses, arguing that this would unfairly  
shift costs from insurers and tortfeasors to auto accident  
victims who will pay higher health care premiums as a  
result.

Consumeros Union (CU) opposes SB 49 because it does not  
guarantee that automobile insurance will be available at a  
price low enough to allow low-income drivers (many who are  
currently uninsured) to purchase insurance and thereby  
                                                     
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comply with the law.  CU does not believe that sufficient  
costs are taken out of the system by the bill.


 





































                                                     
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DLW:ctl  5/24/95  Senate Floor Analyses
               SUPPORT/OPPOSITION:  SEE ABOVE
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