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re: I thought Tort Reform was supposed to lower my car insurance rates?

Posted on 1/6/22 at 7:37 am to
Posted by DevilDagNS
Member since Dec 2017
2691 posts
Posted on 1/6/22 at 7:37 am to
quote:

So citizens gave up their rights just to increase the insurance company’s profits. Wonderful.


What rights did citizens give up?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27217 posts
Posted on 1/6/22 at 7:47 am to
quote:

Quiet. The attorneys are working hard in this thread to convince people there should have been 25% reductions in premiums already and tort reform is bad.


Please articulate the following in as much detail as you can:

1. What did this flavor of "tort reform" do as far as changes in the law?
2. In your opinion, what types of frivolous lawsuits are the primary driver of high insurance premiums?
3. What is the former purported to do to fix the latter?
Posted by Napoleon
Kenna
Member since Dec 2007
69237 posts
Posted on 1/6/22 at 7:50 am to
I have never been found at fault in an accident. Still my insurance goes up every other renewal.

I'm considering buying a plot in Mississippi. Putting a trailer on it and calling it my primary residence just to get cheaper insurance. I know 3 people with BSL second houses all of them transferred their cars to Mississippi and save tons on insurance.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
10909 posts
Posted on 1/6/22 at 7:58 am to
Laws wont change anything. I have lived in three states with different insurance markets. Prices are driven by consumer behavior. There is a reason we see nothing but trial attorney commercials during Saints games.

We all pay for those commercials and attorneys. Insurance companies charge what is needed to pay claims and a modest profit they hope to invest. The market is what it is. Progressive, GEICO and others charge what they have to charge to stay solvent and competitive. They don't care about how much you pay.

Tort reforms are a joke. Large settlements are not the problem. 100's of thousands of claims paid 2x's what they should drives up premiums. "One call that's all".
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
10909 posts
Posted on 1/6/22 at 8:03 am to
quote:

Texas has safer drivers?


Nope... but no one calls attorneys for a scratched bumper.

Texas is 25-30% cheaper than La. The Midwest is even cheaper. La and Florida pay dearly for the attorneys.

Insurance companies don't care what the premiums are so long as they can make a 3-5% profit. If they over charge what the market is pricing the product, they will lose business fast!

The market sets the rates, not insurance companies or the gubmint.
Posted by Jake88
Member since Apr 2005
68435 posts
Posted on 1/6/22 at 8:10 am to
Lowered jury threshold from 50k to 10k. Allows for introduction if evidence that plantiff was not wearing a seat belt. It eliminates awards to plantiffs for dollars paid by health insurance companies by limiting recovery of past medical expenses to the amount actually paid, plus forty percent for the cost of procurement.

Soft tissue injuries.

Lowering the threshold may result in fewer suits that were asking for just under the previous 50k threshold.

There is more to come. Once a trial lawyer is no longer governor, there is a chance for better reform. If attorneys are crying, it suggests we're on the correct track.
This post was edited on 1/6/22 at 8:19 am
Posted by Jake88
Member since Apr 2005
68435 posts
Posted on 1/6/22 at 8:14 am to
quote:

Still my insurance goes up every other renewal.
What doesn't go up in price over time?
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5728 posts
Posted on 1/6/22 at 8:15 am to
quote:

I’ll take your word for this for the sake of this thread, but are juries not smart enough to see through this charade?


Juries never saw these cases. Judges elected by the plaintiff bar heard cases worth $50k or less. 80+% of policies written in Louisiana are $50k or less. Now, that inflated value of claims is baked in to the expected value of claims.

The tort reform law might get access to juries a little easier, but it still costs the defense $5000 up front at the beginning of a lawsuit for cases that the plaintiff claims are worth $10k to $50k. Until a large amount of these cases actually go to a jury and payouts start to drop, claims continue to cost the same amount and nothing has changed.

To those who say premiums never drop, did we not see a drop during Covid when people stopped driving as much (and less was laid in claims)? Insurance companies compete with each other and will undercut each other if they can afford to. They want nothing more than to accurately predict how much they’ll have to pay and accurately price their premiums accordingly. They are a regulated market. Making an inordinate percentage of profit only draws scrutiny from the regulators.
Posted by winkchance
St. George, LA
Member since Jul 2016
4128 posts
Posted on 1/6/22 at 8:31 am to
When did they have tort reform? Don't ever remember a bill passing.
Posted by Jake88
Member since Apr 2005
68435 posts
Posted on 1/6/22 at 8:34 am to
Signed in summer of 2020. Went into effect January 2021. One year and no massive drops in premiums so attorneys are trying to convince people it was a failure.
Posted by Pax Regis
Alabama
Member since Sep 2007
12947 posts
Posted on 1/6/22 at 8:46 am to
shite. The auto insurance companies got their defense lawyers to lobby for and pass tort reform. Then the work dried up for them and they got screwed. Then the rates just went up. Guess where the money went?

There’s a reason every other commercial on tv now is some lame gimmicky auto insurance sales pitch. They make fricking bank.
Posted by iron banks
Destrehan
Member since Jul 2014
3765 posts
Posted on 1/6/22 at 8:48 am to
Insurance companies modest profits
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41756 posts
Posted on 1/6/22 at 8:52 am to
Tort reform won’t fix the lawsuit problem here. The insurance companies and their stupid arse policies and procedures after accidents result in frivolous suits.

I was involved in an accident once where I was pretty darn sore afterwards. Figured it would go away and the next morning I could barely move in bed without excruciating back pain. I went get checked out to make sure nothing major was going on and turned out to just be muscular. Great, give that time and it’ll get better.

Well the insurance company didn’t want to reimburse me for my gas purchases in the rental car (I had just topped off my car before the wreck). So now I had paid twice for gas within three days, because my rental was damn near empty when I got it). They told me that the cost of gas was just a regular expense I would’ve incurred regardless - it wasn’t. I wouldn’t have needed to buy gas twice in three days normally.

Very minor, of course. What’s $45 in the grand scheme of things, right? Well, then they started claiming that some of the damage to the back bumper (I was rear ended in stopped traffic) was already there before the accident even though it wasn’t.

frick them, I’m pissed at this point, so after that was straightened out I asked for diminished value. They offered me $150 in diminished value. I shite you not. So guess what? At this point I had been back to the doctor for a checkup on my back and had some muscle relaxers prescribed to me by now… frick it, I turned all receipts and bills over to an attorney. They could’ve paid me $45 in gas and $750 in diminished value and I would’ve been happy as a lark. Instead they ended up paying $8,500 in “pain and suffering”.

Dumb fricks do it to themselves. Admittedly I’m ashamed that I did that but I am a petty person and I do not like being walked all over.
Posted by doubleb
Baton Rouge
Member since Aug 2006
36240 posts
Posted on 1/6/22 at 8:56 am to
quote:

I just got my renewal and it is up over a hundred dollars with no accidents or tickets. WTF???



Excuses:
Covid
Ida
Trump
Biden
Climate change
Poor highways
Poor bridges
Posted by Jake88
Member since Apr 2005
68435 posts
Posted on 1/6/22 at 8:56 am to
You're part of the problem.
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
5452 posts
Posted on 1/6/22 at 8:57 am to
quote:

Can't exaggerate as much now, huh?


No. If anything, it's causing increased exaggeration from plaintiffs.

Plaintiffs can now only get 40% on the dollar for what their health insurance payed instead of the full amount.

Now there's medical funding agreements where the "medical company" who is in bed with the plaintiff attorneys can exagerate costs and write offs.

Beleive it or not, LA has, and always has had, ridiculous caps placed all over the place that limit recovery.
Posted by TDsngumbo
Alpha Silverfox
Member since Oct 2011
41756 posts
Posted on 1/6/22 at 8:59 am to
Maybe, maybe not. I can guarantee you I wouldn’t have done that if they had treated me fairly from the get go.
This post was edited on 1/6/22 at 9:00 am
Posted by Jake88
Member since Apr 2005
68435 posts
Posted on 1/6/22 at 9:01 am to
quote:

Maybe, maybe not. I can guarantee you I wouldn’t have done that if they had treated me fairly from the get go
So because you were angry, you and your attorney lied. You didn't have $8500 worth of pain and suffering. You're rationalizing dishonesty.
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
5452 posts
Posted on 1/6/22 at 9:02 am to
quote:

Lowered jury threshold from 50k to 10k. Allows for introduction if evidence that plantiff was not wearing a seat belt. It eliminates awards to plantiffs for dollars paid by health insurance companies by limiting recovery of past medical expenses to the amount actually paid, plus forty percent for the cost of procurement.

Soft tissue injuries.

Lowering the threshold may result in fewer suits that were asking for just under the previous 50k threshold.

There is more to come. Once a trial lawyer is no longer governor, there is a chance for better reform. If attorneys are crying, it suggests we're on the correct track.

Extending prescription to 2 years, at a minimum, would do more to prevent frivolous lawsuits than any of that.
Posted by Abstract Queso Dip
Member since Mar 2021
5878 posts
Posted on 1/6/22 at 9:04 am to
Political talking point by GOP paid for by insurance companies.
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