Take a Guess Who Doesn't Want Cheaper Auto Insurance Here?

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  • Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
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    Nether region
    In case you didn't know, Louisiana is 2nd in the country in Highest Auto Insurance Rates. Gee, big surprise! HB372 by Kirk Talbot (R) was put forth to lower those premiums by lowering the cost of claims on insurance companies, and lowering the threshold of the amount that triggers jury trials from $50,000 to $5,000; and forcing Insurance companies to pass the savings on to customers.

    By lowering the jury trial threshold, it forces those lawyers and clients who are now getting the instant settlement check to put forth the money and the effort to prepare and actually go to court to "prove" they are warranted ridiculous monetary payouts. As it stands now, your wife may accidentally tap into someone at 2 MPH, at a red light; and if it's the right person, they claim they are paralyzed. They hire a scumbag attorney, that scumbag tells the insurer he is going to file a suit on behalf of the injured claimant, and the insurance companies settles out of court to avoid costly trials, then automatically pass that scam payout on to us in the form of higher premiums. Pretty straight forward, right?

    According to statistics, we have an absurdly overabundance of those claims here, and thus #2 on the; This place is **** list."

    Good news is, it passed the full House yesterday 69-30.
    Bad news is, it was not only on party lines, but disparagingly racial lines.

    All 30 nays were democrats; 23 were black. Of the 69 yeas, only 8 were democrats and only 2 of them were black.

    I think most people can see what is happening here.

    This state will NEVER EVER get better as long as black politicians take sides on damn near every issue based on race.

    Lowering EVERYONE'S auto insurance is a good thing for EVERYONE!!!!! That is if you actually pay for insurance!

    Why would these pandering dumbasses think that awarding frivolous lawsuit payouts at the drop of a hat enhances the lives of their constituents or the lives of their fellow Louisianans?

    Another prideful day in Louisiana!
     
    Last edited:

    Tboy

    Moving forward
    Rating - 100%
    87   0   0
    Jul 14, 2008
    1,636
    48
    Greenwell Springs
    I’ve been following this bill. If it makes it through it would still be a ways off before we saw any relief.

    What I can figure out is why anyone would want to keep our insurance rates up the way they are.
     

    Armbruster Armory

    Well-Known Member
    Rating - 100%
    13   0   0
    Dec 7, 2012
    204
    16
    Lafayette
    Disclosure: I am a general practice attorney and represent both sides (people filing suit and companies/municipalities defending suits).

    What I am questioning is how this bill would reduce costs for insurance companies. In my 25+ years of experience, it is much more expensive for an insurance company to prepare a case for jury trial than for a judge trial (you can cut through the dog and pony show for a judge, who knows the litigation process, but you have to be much more thorough in your presentation of evidence and spend more money on trial exhibits, video depositions, etc. if presenting to jurors who have not dealt with hundreds of suits).

    I would expect personal injury trial lawyers to actually be able to get faster and larger settlements from insurers if this bill passes, as they will hang over the insurance company's head the added costs of defending a jury trial on a $15,000, $25,000, or $50,000 insurance policy, for example.

    I am open to any new information which would change my mind on this one, if anyone has insight to offer.
     

    Bangswitch

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 10, 2019
    2,221
    38
    a location near you
    In case you didn't know, Louisiana is 2nd in the country in Highest Auto Insurance Rates. Gee, big surprise! HB372 by Kirk Talbot (R) was put forth to lower those premiums by lowering the cost of claims on insurance companies, and lowering the threshold of the amount that triggers jury trials from $50,000 to $5,000; and forcing Insurance companies to pass the savings on to customers.

    By lowering the jury trial threshold, it forces those lawyers and clients who are now getting the instant settlement check to put forth the money and the effort to prepare and actually go to court to "prove" they are warranted ridiculous monetary payouts. As it stands now, your wife may accidentally tap into someone at 2 MPH, at a red light; and if it's the right person, they claim they are paralyzed. They hire a scumbag attorney, that scumbag tells the insurer he is going to file a suit on behalf of the injured claimant, and the insurance companies settles out of court to avoid costly trials, then automatically pass that scam payout on to us in the form of higher premiums. Pretty straight forward, right?

    According to statistics, we have an absurdly overabundance of those claims here, and thus #2 on the; This place is **** list."

    Good news is, it passed the full House yesterday 69-30.
    Bad news is, it was not only on party lines, but disparagingly racial lines.

    All 30 nays were democrats; 23 were black. Of the 69 yeas, only 8 were democrats and only 2 of them were black.

    I think most people can see what is happening here.

    This state will NEVER EVER get better as long as black politicians take sides on damn near every issue based on race.

    Lowering EVERYONE'S auto insurance is a good thing for EVERYONE!!!!! That is if you actually pay for insurance!

    Why would these pandering dumbasses think that awarding frivolous lawsuit payouts at the drop of a hat enhances the lives of their constituents or the lives of their fellow Louisianans?

    Another prideful day in Louisiana!

    Because their constituents are the ones making the broke neck claims. Oddly enough they are the same type that bob their heads so hard while talking you would think they were invertebrates. No one in the community cares about the merits of a fake neck injury case so long as some fat wallet insurance guy pays up. But these are the same people who mysteriously find pubs in the last bite of salad, claim the $200 goochi purse was really on the clearance rack, and go to the ER for the sniffles. Oh yeah one more, can be found using the Walmart motorized scooters drinking wine from a Pringle’s can and smell like a gym bag forgotten under your truck seat for a couple years.
     

    ozarkpugs

    Well-Known Member
    Rating - 0%
    0   0   0
    Apr 7, 2018
    454
    18
    US Zanoni mo
    When the insurance company refuses to settle and it goes before a jury the jury will be made up of the same people who voted the Democrats into office .

    Sent from my Moto E (4) using Tapatalk
     

    RaleighReloader

    Well-Known Member
    Rating - 100%
    32   0   0
    Jan 30, 2015
    1,177
    48
    Baton Rouge, LA
    I would expect personal injury trial lawyers to actually be able to get faster and larger settlements from insurers if this bill passes, as they will hang over the insurance company's head the added costs of defending a jury trial on a $15,000, $25,000, or $50,000 insurance policy, for example.

    C'mon. If it was the case that this would actually increase payouts, then the shithead billboard attorneys that litter this state would be clawing to change the law. And "hang over the insurance company's head"? I worked for a Fortune-50 insurance company and did a lot of work with their litigation department, and if there's one thing I learned it's that insurance companies have a nearly bottomless reservoir of legal resources, and nothing makes them happier to use them. Hang it over their head and see how that plays out ... my guess is that they'll love the opportunity to defend themselves in front of a jury -- especially if there was a "loser pays all" provision.

    If it truly does cost more to present to a jury (I'm not sure that I buy this, but I'll give you the benefit of the doubt), then wouldn't it give trial attorneys working on commission pause to consider the higher cost of bringing the suit -- in addition to the higher risk of a more skeptical jury?

    I know that all attorneys aren't like the billboard shitheads that litter our landscape, but I've never lived in a place where litigation was advertised so shamelessly like a lottery win. I'd cut off a limb before I hire one of those dirtbags to represent me or my family.

    From a legal insider's perspective: why do you think our insurance is so expensive?

    Mike
     

    Armbruster Armory

    Well-Known Member
    Rating - 100%
    13   0   0
    Dec 7, 2012
    204
    16
    Lafayette
    Any insurance adjuster or insurance defense attorney evaluates the value of a claim and the amount of money it will likely spend to defend the matter through trial (which is called "cost of defense"). Anyone on the insurance side will factor the cost of defense into their decision of how much money should be spent to settle a claim.

    From the plaintiff attorney's side, they get their percentage recovery and all of the expenses they have fronted out of the recovery (after settlement or after a favorable trial verdict), so they have little risk unless the jury gives them nothing.

    Also, keep in mind, that right now, if a claimant stipulates that their case is worth less than $50,000, the case is tried to a judge. Judges can be more stingy or more generous than juries, depending on the parish and the particular judge.

    In answer to your question about why our insurance is so high, I think juries in many rural parishes and Orleans Parish tend to give out more money than might be given in other states. I also think the fact that we have something like 17% of the drivers on any day who don't have any auto insurance causes more 1st party claims to be paid out when your car gets damaged or you get hurt, when you didn't cause the accident, and the insurance companies pass all of those costs on to us to actually have insurance.

    As to advertising being bad in LA, I personally don't like atty advertising (I have never advertised for any of my business, beyond a business card ad in a nephew's high school soccer program or in support of local non-profits), but I have seen much worse commercials in continuing ed seminars out of Texas and some other states, than I have seen here.

    You will never get "loser pays" (which is the British system) here in any US state. The argument against loser pays that they told us in law school is that some people with legitimate claims and limited means will be afraid to bring their claims (and will never recover what they should have), for fear that something goes crazy at trial (no attorney should or can ever guarantee a result) and they lose, having to pay the other side's atty fees when they don't have the means to do so.
     

    RaleighReloader

    Well-Known Member
    Rating - 100%
    32   0   0
    Jan 30, 2015
    1,177
    48
    Baton Rouge, LA
    From the plaintiff attorney's side, they get their percentage recovery and all of the expenses they have fronted out of the recovery (after settlement or after a favorable trial verdict), so they have little risk unless the jury gives them nothing.

    I understand ... but there's also the costs of taking a case on contingency and the risk of not getting a payout. Increase the risk and fewer suits (especially the frivolous suits) will get filed, right?

    Also, keep in mind, that right now, if a claimant stipulates that their case is worth less than $50,000, the case is tried to a judge.

    Isn't that the whole point -- to get that limit lowered or eliminated entirely?

    I also think the fact that we have something like 17% of the drivers on any day who don't have any auto insurance causes more 1st party claims to be paid out when your car gets damaged or you get hurt, when you didn't cause the accident, and the insurance companies pass all of those costs on to us to actually have insurance.

    But that's tautological, since most of those people can't afford insurance in the first place. Aside from some outright subsidy, how do we lower that?

    And in the case of someone causing an accident that doesn't have insurance, wouldn't the victim's insurance company bring a subrogation suit again the person(s) that caused the accident (assuming there's assets worth going after)?

    As to advertising being bad in LA, I personally don't like atty advertising (I have never advertised for any of my business, beyond a business card ad in a nephew's high school soccer program or in support of local non-profits), but I have seen much worse commercials in continuing ed seminars out of Texas and some other states, than I have seen here.

    I have no problem with an attorney supporting a local soccer team ... I'm talking about the shameless "let's sue them and get you a big check!" billboard ads that litter I-10. Especially ones that quote verses from the Bible.

    Mike
     

    Vigilante Sniper

    Guns are my crack!!
    Rating - 100%
    46   0   0
    Jan 28, 2009
    1,512
    48
    LaPlace
    Because their constituents are the ones making the broke neck claims. Oddly enough they are the same type that bob their heads so hard while talking you would think they were invertebrates. No one in the community cares about the merits of a fake neck injury case so long as some fat wallet insurance guy pays up. But these are the same people who mysteriously find pubs in the last bite of salad, claim the $200 goochi purse was really on the clearance rack, and go to the ER for the sniffles. Oh yeah one more, can be found using the Walmart motorized scooters drinking wine from a Pringle’s can and smell like a gym bag forgotten under your truck seat for a couple years.

    I couldn't have said it better myself, thanks for posting what I was thinking too.
     

    Armbruster Armory

    Well-Known Member
    Rating - 100%
    13   0   0
    Dec 7, 2012
    204
    16
    Lafayette
    The assumption in the legislation is that juries will consistently award less in cases under $50,000 than judges are currently awarding and I am not sure that will prove true in practice.

    As for subrogation suits, you answered your own question - insurance companies don't recover anything from subrogation suits against people who aren't willing to pay the premiums on their minimum limits car insurance policy, as those driver's rarely have assets subject to seizure or a job they won't quit once they are garnished.
     

    Nathan Hale

    Well-Known Member
    Rating - 0%
    0   0   0
    Apr 10, 2014
    336
    18
    Louisiana
    Disclosure: I am a general practice attorney and represent both sides (people filing suit and companies/municipalities defending suits).

    What I am questioning is how this bill would reduce costs for insurance companies. In my 25+ years of experience, it is much more expensive for an insurance company to prepare a case for jury trial than for a judge trial (you can cut through the dog and pony show for a judge, who knows the litigation process, but you have to be much more thorough in your presentation of evidence and spend more money on trial exhibits, video depositions, etc. if presenting to jurors who have not dealt with hundreds of suits).

    I would expect personal injury trial lawyers to actually be able to get faster and larger settlements from insurers if this bill passes, as they will hang over the insurance company's head the added costs of defending a jury trial on a $15,000, $25,000, or $50,000 insurance policy, for example.

    I am open to any new information which would change my mind on this one, if anyone has insight to offer.

    +1
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    So let's assume for a minute that this Bill (if passed into law), ends up not doing what it was intended.

    First; it wouldn't be the first time that has ever happened (particularly here).
    Second; they at least tried something.
    Third; someone please explain to me why the "nays" were ALL democrats?

    We are the #2 spot in the claim to shame to have the HIGHEST auto insurance rates in the entire US; and we are one of the poorest states in the country to boot.

    One thing we absolutely know with utmost certainty is, if this Bill fails or falls short, and if there is no other Bill or practical remedy; we still have some of the highest (currently #2), auto insurance rates in the country. Those that can't afford to buy auto insurance continue to illegally drive motor vehicles on the streets, and when they cause accidents or kill someone, it's no skin off of anybody's ass except those of us that pay to stay in compliance with the law.

    By the way, our own insurance commissioner, and other so called insurance gurus, say we'll be the absolute worst (That's #1), by the end of the year!


    As for subrogation suits, you answered your own question - insurance companies don't recover anything from subrogation suits against people who aren't willing to pay the premiums on their minimum limits car insurance policy, as those driver's rarely have assets subject to seizure or a job they won't quit once they are garnished.

    This ****^ is getting old and I am tired of paying more!
     
    Last edited:

    Bangswitch

    Well-Known Member
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    1   0   0
    Jan 10, 2019
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    I've always heard that the #1 reason our insurance rates are so high here is due too all the drunk drivers putt-putting around all day and all night......

    Yeah and at one point it was the over abundance of car theft too. For what it’s worth when I moved back to Mississippi my auto insurance didn’t budge. So either we are right there with you or I’m getting screwed. And my wife and I maintain fairly clean driving records.
     

    Emperor

    Seriously Misunderstood!
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    11   0   0
    Mar 7, 2011
    8,376
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    Nether region
    Yeah and at one point it was the over abundance of car theft too. For what it’s worth when I moved back to Mississippi my auto insurance didn’t budge. So either we are right there with you or I’m getting screwed. And my wife and I maintain fairly clean driving records.

    I'll bet Mississippi is right up there with us!

    You know we're kindred spirits in the **** bucket! ;)
     

    Trailboss

    Well-Known Member
    Rating - 100%
    8   0   0
    Apr 2, 2013
    389
    28
    Norwood LA
    One of the biggest reasons of high auto insurance in LA is the number of uninsured drivers. What I would like to see is a law that uninsured drivers are barred from making a claim against the insured driver regardless of who is at fault, and their passengers can only sue the uninsured driver for injury claims. In other words, you have to pay to play.
     

    Kraut

    LEO
    Rating - 100%
    4   0   0
    Oct 3, 2007
    1,799
    83
    Slidell, LA
    I've seen so many people go to the ER in the ambulance to "get checked out" after ridiculously minor crashes, it's pathetic. I totally get that you can be hurt without it being visible, and I've been sore after crashes, but some of the miniscule traffic bumps that people claim they're hurt from are just unbelievable. That ambulance ride from the scene is going to generate a bill right away that they're certainly not going to want to pay themselves, and that's just starting the process. It's discouraging watching people act that way.

    I was named in a suit for a crash once (on duty) and two people not even in the car, the husbands of two women in the car, were added into the suit for the $50,000 limit each for "loss of companionship and consortium." In layman's terms, they couldn't get none from their old ladies after the supposed injuries suffered by their women, so they thought that was worth $50K apiece! The city attorney successfully defended on that case, I think their car was fixed and maybe the ride to the ER was paid, and eventually I got a call from a lawyer representing the plaintiff's lawyer, because the plaintiffs were now suing him claiming malpractice! That's the kind of crap that makes insurance expensive.
     
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