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www.BlueMassGroup.com

Deval to Drivers: 'Let's Make It Easier for the Auto Insurers To Take Your Money' - WITH POLL

by: EB3

Mon Mar 02, 2009 at 10:46:10 AM EST


(Anyone care to explain why Ernie is wrong about this?  And no, the mere fact that you can (in theory) switch insurers is not good enough. - promoted by David)

 Hey Governor. What ever happened to due process?

The Mass Insurance Commissioner announced the abolition of the Division of Insurance Board of Appeal.

Let me tell you how the Board works. Insurance companies charge customers extra money when the get in trouble for bad driving. These are called surcharges. Moving vehicle violation (speeding etc) and car accidents caused by the customer resulting in property and/or personal injury result in surcharges. A customer receiving a surcharge has the right to appeal to the Board.

EB3 :: Deval to Drivers: 'Let's Make It Easier for the Auto Insurers To Take Your Money' - WITH POLL
Info tid bit alert: After Ted Kennedy swam out of the water in Chappaquiddick he immediately called his cousin/lawyer/party host Joe Gargan. Some say Joe helped Teddy put together the "that's my story and I'm sticking to it."  Gargan was later rewarded with an appointment to this Board, I believe.  If not it was the one that hears appeals for license revocations. I forget.

So anyway. The big joke is the insurance companies surcharge many more people then deserve it. A surprising high number of these drivers do not contest it and pay the surcharge. The insurance companies make huge dinero on people paying wrongfully assessed surcharges.

But at least drivers had a place to go and seek justice.  And they could get it.

I personally received a surcharge years ago when I was rear ended on a busy road. Rear enders like this are 100% liable on the rear driver.

Take a visit to Board and listen to the appeals. Then tell me there is not a recurring pattern.

Now remember, the insurance company already assessed the surcharge, so all the Board can do is cost them money.

So what does Deval do? He dissolves the last line of defense for the consumer and tells us the competitive market will take care of it. Where I can I get what you think we are smoking Governor? Really, we would all have to be tripping to buy the B.S.

This anti-consumer, anti-little guy move is no surprise here.

Years ago I warned you about Deval's love affair with "THE MAN". He came from Coke and Texaco and that bankrupt mortgage company and who knows where else.. Remember when I warned you about his elitist behavior?  Calling into his house parties was the first tip-off. Trust your gut Ernie, trust your gut.  

Poll
What Else Does Deval Want to Eliminate?
Right to Question Authority
Right to Complain
Right to Bitch and Moan
Right to Disagree with Deval
Right to Disagree with 'Progressive' Family Member
Right to Disagree with Man over 25 with pony tail
Right to Question Proposal Made By 'Progressive'
Right to Expect Answers From Aloisi on Auto V-Chip
Right to Expect Governor & Staff Not Have Tin Ear

Results

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The theory is that you can switch insurers (0.00 / 0)
You can appeal to your insurer, and if you don't like the results, you can switch to a different insurer who won't hit you with the surcharge. That's the idea anyway.

Given the current budget shortfall, it seems like this board is something we could do without. I didn't even know this board existed until today.


I gotta disagree (6.00 / 3)
Extricating yourself from one insurer and going to another is no picnic.  If you're like many people who pay for the year as soon as possible to avoid yet other charges, you get screwed.  My company, "Plymouth Rock", assesses $5 per payment.  So if you pay in one lump sum at the beginning of the year rather than do monthly payments, you save $60.  I know not a few people who do this.

I have no idea what the parameters of this board are, but I'm willing to wager it has inflated salaries that we could cut....

~~~~
Believe it or not, I have even more to say...


[ Parent ]
Dumb theory (6.00 / 1)
Do you actually think that another company will ignore the surcharge on the books?  Same argument that if you have bad credit and a high rate, that you can step to another company that will completely ignore your credit history.

[ Parent ]
Rear end collision (0.00 / 0)
I personally received a surcharge years ago when I was rear ended on a busy road. Rear enders like this are 100% liable on the rear driver.

I'm 8-0 for winning rear end collision not liable representing the one doing the rear ending.  Haven't lost yet.


Hey Gary... (6.00 / 3)
I don't need to hear what you've been doing in the bedroom.

Whatever happened to good taste?

Ernie Boch, III is not related to Ernie Boch, Jr. however he does hope to be in his will.

Justice for Tookie


[ Parent ]
Thanks for the chuckle....:) (0.00 / 0)
Gotta love this place.  

[ Parent ]
Two points (0.00 / 0)
Isn't Ernie's dead right?  So long as the State regulates insurance, and rates, and surcharges, it should also provide a State means to allow Taxpayer/Insureds to protest said insurance, and rates and surcharges.  That so hard?


Ok, so that was one point (0.00 / 0)
I had a second point, but forgot it.

[ Parent ]
i think it was something about mike vrabel (0.00 / 0)


[ Parent ]
I Know What Was.. (0.00 / 0)
the decriminalization of weed was an awsome move.

Ernie Boch, III is not related to Ernie Boch, Jr. however he does hope to be in his will.

Justice for Tookie


[ Parent ]
That doesn't follow (0.00 / 0)
If the state did not regulate insurance and surcharges, then you think that the problem would not exist? I doubt it.


[ Parent ]
If (0.00 / 0)
If the state did not regulate insurance and surcharges, then if one carrier attempted to assess a surcharge unfairly, the driver would complain and move to another vendor.

Instead, the State sets the rate perameters and the maximum surcharge rates yet provides no method for relief when a 3rd party takes advantage of the structure to the detriment of the insured?!

It's like the IRS going to outside vendors for tax collection and providing no basis to protest.

It's like the government providing rules for collective union bargaining and shutting down the NLRB so that violations aren't heard.

It seems pretty clear to me: if the State sets the rules, then the state must provide a forum to arbitrate violations of the rules.


[ Parent ]
Workers comp (0.00 / 0)
Injured on the job. Insurance claim denied by your employer.  Sorry no administrative hearing for you to determine if the employer was wrong! Let's disband the Workers Compensation Hearing Board.

Just because the decision was Deval Patrick's makes it "progressive"? What's happened to the good populist liberals?


[ Parent ]
I used the Board of Appeal (5.50 / 2)
I was surcharged about 10 years ago after an accident in a snow storm.  The driver ahead of me slammed on her brakes to allow a car in the lane coming towards us to turn left in front of her.  I tried to stop but my car slid into hers on the snow.  My insurance company surcharged me as 100% responsible.  I appealed and took pictures of the accident and the intersection to the hearing, which I won.

This is just another insane deregulation plan.  We see how well it's worked with Wall Street!  If the government does not protect consumers, the car insurers will take advantage of us.  You can count on that.


Well, you were sort of responsible (0.00 / 0)
Technically, if you were driving too close to stop under the prevailing road conditions, you were tailgating. Its great that you won your appeal, but I could imagine it going the other way.

[ Parent ]
No Way! (0.00 / 0)
In a snow storm (similar to today's),even if you're crawling, you will lose control of the car if you have to more than tap your brakes. Really nice of that lady to be so generous to the other guy!  

[ Parent ]
Seems to me that if people who rear-end other drivers (0.00 / 0)
are evading responsibility through use of this board, then it was a good idea to deep-six it.  

Drivers are responsible for following at a safe distance.  If someone rear-ends someone, it's the rear-enders fault.    

 


[ Parent ]
Broad brush (0.00 / 0)
#1:  Auto driving Route 20 in auburn. Maintaining safe distance.  Suddenly, car pulls in front of him and safe distance is reduced.  Then, car stops suddenly. Rear-end collusion.  Who's at fault?

#2: Auto 1 pulling out onto Highland Street Worcester behind another vehicle 2.  Ambulance approaches. Vehicle 2 backs up.  Auto 1 is moving forward maintaining safe distance and didn't realize the car in front of him starting moving backwards until it was too late. 2 collide. Who's at fault?

#3: Vehicle 1 is struck in the rear.  Prior to accident Vehicle 1 slammed brakes because he thought he'd teach the guy behind him a lesson. Fault?

#4: Vehicle 1 and Vehicle 2 are each stationary. Parked at a traffic light. Third vehicle causes the rear-end collision and Vehicle 2 is hitting, striking Vehicle 1. Fault?

It is the hearing board that previously heard these arguments. Now, defacto fault to each of the above vehicles, misfortunate enough to rear end the vehicle in front of them.



[ Parent ]
In 1 through 3 (0.00 / 0)
the driver who rear-ended the other driver is at fault.  Safe distance is supposed to be the distance that allows a short stop of the car in front to take place.  That's the whole point of safe distance.  If you hit the car in front of you, you weren't traveling at a safe distance.

As for 4, not Vehicle 2's fault.  

 


[ Parent ]
Case law says you're wrong (0.00 / 0)
Mass case law says you're wrong in all but #4.

[ Parent ]
Big surprise. (0.00 / 0)
And that's fine.  If I understand you correctly, the board did not find the rear-ending drivers at fault.  All the more reason, then, to dismantle the board.  

 

[ Parent ]
difference (0.00 / 0)
Do you understand the difference in case law and administrative decisions?

[ Parent ]
Actually I do, (0.00 / 0)
but, as you can see by my response to you, I was not clear on what you were referencing.  Since I was talking about the appeals board, I assumed we were both talking about administrative decisions--like those of the appeals board--even though you used the term "case law."   Guess not.  

 

[ Parent ]
Hey, I see your point (0.00 / 0)
In these tough economic times, insurance companies are hurting.  They need some help up, not a hand out.  Eliminating the hearing board will give them that welfare they need to get though: allow them set fines on the people and it'll no question benefit the insurance corporations. I expect they'll work in their own best interests and would never, ever do anything that would disadvantage consumers.

[ Parent ]
That's kind of a cute response and all (0.00 / 0)
but substituting a version of "my point" that has nothing to do with my opinions on the dissolution of the appeals board is sorta childish.  I'm not surprised, though.  If you feel like you've scored a few points, good for you.    

 

[ Parent ]
"Rear-end collusion" (0.00 / 0)
LOL! Typos are funny.

[ Parent ]
I'm positive (0.00 / 0)
I'm positive there's a Mass gay marriage joke in there somewhere.

[ Parent ]
I agree (0.00 / 0)
But not in a snow storm.  It's really nuts that we all go out driving to work in a snowstorm anyway!  Where is the sense in that? A woman in Enfield Ct. ended up in the river today.  Is it really worth it?

[ Parent ]
Nope, I stayed home (0.00 / 0)
And my commute is 5 minutes. (Of course, the parking lot I park in closes in snow emergencies, so...)

Left in Lowell: cuz why read the Lowell Sun if you don't have to? ;)

[ Parent ]
Just wait (0.00 / 0)
until they link up your mandatory medical records with your insurance companies computers magically raising your rates!
http://www.patientprivacyright...

The elimination of this Board has one thing in common with the elimination of Guardian Ad Litems for Education (0.00 / 0)
A few pennies were saved by an executive because no statute protected the service to the public.

I tell you now that Rep. Donato has filed a bill to make the Board of Insurance Appeals a statutory creation with semi-autonomy from the Insurance Commissioner.  I will post its number and content once I get this.  Ditto the Bill to put back Guardians Ad Litem for Education.  Even DCF cries about losing those GALs, by the way.

Why did Nonnie Burns eliminate that Boared?  'cause she could and those folk weren't her friends, anyway, and she could say she saved a couple of cheeseburgers.

Deborah Sirotkin Butler
AmberPaw dot @aol.com

"Failure to plan is planning to fail."
Proverb


An expensive way to save (0.00 / 0)
I appreciate your comments.

I'd like to see the appeals board reinstated. I'm one of those crazy people who would be willing to pay a few bucks in taxes for it.

If this board is reinstated, it means a cut somewhere else. The governor and departments are under enormous pressure to save. I'm not asking you specifically, but where should the savings come from?


[ Parent ]
WHy have a paid review board? (0.00 / 0)
I dont know why we always have to pay for such things? There are many out there who would be willing to do this as a non-paid position. I realize many of you are choking on your toast as you read this but some people would enjoy the experience of helping consumers sort thru these issues, others may have political ambition and need something for the resume. This doesnt have to be a full time job for gods sake! Has creativity died on the vine? We have a talent pool in Mass that are under utilized, how many retired PhD's do we have in Brookline alone? Let put these men and women to work, help consumers, help elderly keep their memories sharp, this is a perfect situation for a win win ( opps, i forgot, the unions will have issues with un paid personel, scrap this idea!)

[ Parent ]



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