Guest Author
Florida lawmakers adjourned last week without taking action—for the second session in a row—on two issues that threaten Florida communities: distracted driving and assignment of benefits (AOB) abuse. Two issues that, without action, continue to hurt Florida motorists and Florida homeowners.
Vehicle crashes and fatalities are rising sharply nationwide and in Florida. The National Safety Council (NSC) estimates more than 40,000 people across the country died in motor vehicle crashes for a second consecutive year in 2017. In Florida, motor vehicle fatalities have increased at an alarming 43 percent since 2014, according to the NSC. Not even the most sophisticated automobile safety features can protect us from some of the biggest hazards on the roads today, including the ubiquitous use of smartphones behind the wheel.
Distracted driving is one of the leading causes for the rise in auto crashes in Florida and nationwide. To reverse this trend, our driving habits and our traffic laws must change. Unfortunately, Florida is one of only four states in the country that hasn’t yet made the highly dangerous practice of texting while driving a primary enforcement law. That means Florida law enforcement officers still cannot pull over drivers who are seen using their devices while driving. As we turn our focus to the 2018 election cycle, followed by the 2019 Legislative Session, auto insurers will continue our efforts with the FL DNT TXT N DRV Coalition to educate our elected leaders on the importance of instituting laws that will hold drivers accountable for their actions and keep Florida roads safe.
Another important issue to keep a watchful eye on is AOB abuse, a fraudulent practice that takes advantage of Florida property owners. Typically occurring after a major storm hits Florida, dishonest contractors and repair companies work with the trial bar to convince consumers in need of repairs to sign an AOB authorization and essentially hand over all the rights and benefits of their insurance policy. Once the vendors have control of the insurance benefits, they team up with trial lawyers to inflate claims and then sue the insurance companies. Ultimately, those fake and inflated claims and lawsuits drive up the cost of home and auto insurance and make it more expensive to own a home or car. The AOB scam started in the homeowners insurance marketplace and often targeted storm victims who suffered damage to their homes. Now, it’s rapidly growing on the auto repair side too.
AOB abuse has become another example of the crumbling legal climate and widespread lawsuit abuse for which Florida is gaining national notoriety. The state was recently named the worst “Judicial Hellhole’’ in the country by the American Tort Reform Association. According to a report from the Florida Justice Reform Institute, since 2010, total AOB lawsuits have increased from about 25,000 to more than 100,000—a rise of nearly 300 percent. Legislative reform is desperately needed to curtail lawsuit abuse and help reduce insurance costs in Florida. Consumer advocates, real estate agents, construction contractors, insurance agents, and other business leaders have partnered to fight AOB abuse and have urged lawmakers to take action. Voters also want to see these practices stopped. In a recent poll commissioned by the Property Casualty Insurers Association of America (PCI), 60 percent of voters surveyed said the current property insurance AOB system needs to be reformed. With hurricane season upon us, PCI will continue to warn the public of this abusive practice that seems to increase after a major weather event. urthermore, insurers will continue our effort with the Consumer Protection Coalition to encourage lawmakers to stop AOB abuse by passing meaningful reform in 2019.
PCI commends Florida families for traveling to Tallahassee this session to tell their stories on how distracted driving impacted their loved ones and why making texting while driving a primary enforcement law is so important in saving Florida lives. And, also appreciates Florida home and auto owners impacted by AOB abuse for telling their stories of hardship and why meaningful AOB reform is needed.
PCI encourages Floridians to continue to speak out. In order for distracted driving-related crashes and deaths, as well as AOB-related abuse and lawsuits, to be a thing of the past, your voice is needed. Tell your local and state leaders enough is enough.
One comment
Mark Brison
March 19, 2018 at 3:41 pm
Texting is not just a “teen” problem. There are millions of employees in company cars and fleet vehicles who try to “multi-task” behind the wheel.
While Florida may seek to lower distracted driving by increasing penalties, fees and regulations, there is another option. There are anti-texting apps, like AT&T DriveMode which is FREE!
One area that is rarely discussed is that Florida has thousands of government vehicles that inspectors, regulators and the agricultural department use as fleet vehicles, but they do not have the technology to diminish distracted driving. I would love to see one state lead by example and use a program, like FleetMode, to block texts, redirect incoming phone calls, and impede all other apps in the State vehicles. If we want our state roads to be safer, let’s start by making our state vehicles safer.
Comments are closed.