Automobile Insurance Review Report to Government March 2005
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Report to Government March 2005 Board of Commissioners March 31, 2005 of Public Utilities 120 Torbay Road P.O. Box 21040 St. John’s, NL The Honourable Dianne Whalen A1A 5B2 Minister of Government Services Department of Government Services Phone Number 709-726-8600 Government of Newfoundland and Labrador Website: www.pub.nl.ca 2nd Floor, West Block, Confederation Building P. O. Box 8700 St. John’s, NL A1B 4J6 Dear Minister: In October 2004, the Provincial Government requested the Board to review and report on a number of issues affecting automobile insurance. These issues included the impact of using caps or deductibles to limit monetary awards for pain and suffering, the elimination of age, gender and marital status as rating factors, and other cost savings measures. In addition to the completion of a number of actuarial studies and other consultant reports the Board invited feedback from consumers, the automobile insurance industry, and other interested parties through various means, including public sessions. We have received valuable information from these submissions and on behalf of the Board we thank those who participated and contributed to this process. We are pleased to advise that the Board has completed its review and is now submitting its Report. Respectfully submitted, Robert Noseworthy, Darlene Whalen, P. Eng., Chair and CEO. Vice-Chair. EXECUTIVE SUMMARY The Issue Rapidly rising automobile insurance rates continue to resonate as a significant public and political issue. In part this has been the result of a cycle of crisis and reform that has been characteristic of the industry over several decades. Arising from this latest cycle numerous jurisdictions throughout the United States and Canada, and closer to home in Atlantic Canada, have implemented a wide variety of reform measures in an effort to better regulate and stabilize fluctuations in automobile insurance rates. In 2004 Government implemented a series of reforms to address rising rates and other issues affecting automobile insurance consumers in this Province. Among these reforms was a $2,500 deductible on pain and suffering awards resulting from an automobile accident, a one year rate freeze on insurance premiums which expired on March 16, 2005, a mandated reduction in rates and increased regulation. The Review At that time Government introduced legislation to enable it to direct the Public Utilities Board to undertake a review of other automobile insurance issues that may lead to additional reforms. The Terms of Reference forwarded by Government in October 2004 requested the Board to review and report on several issues. This report contains the outcome of the public review conducted by the Board into these issues. Rates Automobile insurance rates in Newfoundland and Labrador are entering a period of general stability. As a result private passenger rates can be expected to decline in the near term, regardless of the implementation of further reforms. Commercial rates, on the other hand, may increase somewhat. Caps/Deductibles A major focus for the review was the impact on insurance rates of placing various caps and deductible limits on compensation paid for pain and suffering to victims of an automobile accident. The options studied by the Board are similar to those implemented recently in other Canadian jurisdictions and will allow Government to consider alternatives to the current $2,500 deductible. While all options did not lower insurance premiums, the higher deductible limits and the $2,500 cap, similar to that recently introduced in New Brunswick, resulted in the greatest estimated savings for consumers. Industry favored the New Brunswick option since it is estimated to result in lower claims costs, is easier to administer, and will harmonize the product in this Province with other Atlantic provinces. In restricting tort (“right to sue”) through cap or deductible options the Board heard passionate presentations and comments from participants concerning what the Consumer Advocate characterized as the classic “rights versus rates” debate. Many consumers, in particular accident i victims whose lives have changed tremendously due to soft tissue injury, did not favor their rights being restricted. The question for many was “is it worth forfeiting my rights and the rights of others for the savings in my rates?” Following his review of the estimated savings attributed to these options the Consumer Advocate commented “some people might be giving up a lot and most people are getting very little in return.” The industry on the other hand were steadfast in their resolve that these options were working elsewhere in achieving substantial rate reductions and should be implemented in this Province. With a view to deciding between either a cap or deductible, some consumers favored deductibles, while the industry preferred caps. The Board acknowledges a decision on this issue will be a difficult one and commends to Government the substantive feedback and commentary from both consumers and the industry as outlined in this report. The Board also explored the opportunity of providing product choice to consumers of either restricted tort, using caps or deductibles, or full-tort. Depending on Government’s decision with respect to caps or deductibles, there are several additional issues which should be addressed in concert with the implementation of liability product choice. Other Review Issues The Board was requested to address a number of additional issues while others were raised by participants during the course of the review. These issues included: Accident Benefits coverage (also referred to as Section B benefits) provides for immediate reimbursement of certain expenses incurred as a result of an automobile accident regardless of who is at fault. Newfoundland and Labrador is the only provincial jurisdiction where these benefits are not mandatory. There was a general consensus Accident Benefits should be mandatory which will ensure that the 25% of drivers without this coverage will have protection similar to other Canadians. The elimination of age, gender and marital status as rating factors generated considerable discussion, especially from young males under 25 and/or their parents who feel discriminated against because of the current exorbitant rates they pay. The Board examined rating alternatives which are being used in other jurisdictions including the “Alberta grid rating” system and the “First Choice Discount” in New Brunswick. This issue involves significant transfer of premium particularly when considering age and gender factors. There was no clear resolution on this question with strong arguments for and against. The decision is one of social policy, where the availability and affordability of automobile insurance to one group in the demographic population must be balanced against the transfer of risk and higher rates to another group. Group rating plans are programs sponsored by membership organizations and employers and are underwritten by insurance companies, generally providing premium savings to the group, plan or member/employee. Excepting provinces with public insurance, Newfoundland and Labrador remains the only jurisdiction in Canada that currently does not allow some form of group automobile insurance. Legislative changes will be required to implement this proposal ii and various implementation issues have been identified in the report which will need to be addressed with the industry. The Board was also requested to detail any issues of concern raised by stakeholders at the review, including public insurance. The Board heard a great deal from participants regarding public insurance and the experience elsewhere in Canada. A number of participants supported the concept of public insurance as a cheaper and more affordable means of delivering the insurance product. It was well understood by all participants that the Board was not in a position to address the feasibility of public insurance during this review but many supported a detailed study to examine fully its potential in serving future automobile insurance needs in this Province. Stakeholders also suggested numerous other cost saving measures. These included a direct compensation scheme, vehicle inspections, improved accident reduction and safety programs, reduced transactional and regulatory costs, taxation and numerous other suggestions. These cost savings were not quantified in most cases but were presented in a sincere and helpful manner. The Board commends these measures to Government for consideration and the Board would be prepared to undertake any additional analysis necessary. In addition the Board was impressed by one of the presenters who addressed the concept of focusing on treatment and recovery of the automobile accident victim rather than on compensation. Appropriate early intervention and treatment can bring about speedier recovery of the injured person, resulting in lower costs to the system and possibly lower premiums to the consumer. Both the industry and Government may wish to pursue discussion on the benefits and opportunities afforded consumers through development and focus on this longer-term strategic approach. Throughout the review the Board was struck by the frustration and low level of customer satisfaction expressed by consumers in their dealings with insurance companies. This experience was echoed by the Consumer Advocate, relative to his direct feedback from consumers. Consumers were often quite vocal in their complaints that ran the full gamut from the treatment