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Legislature passes no-fault insurance

House, Senate approve compromise package to replace 36-year-old system; Gov. Crist expected to sign bill

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— Florida motorists will again be protected by no-fault automobile insurance under a measure passed Friday that now is on its way to the governor for his signature.

But not all drivers will be protected as soon as Gov. Charlie Crist signs the bill, which is expected. Some will have to wait for the new system to fully kick in Jan. 1.

Resolving some last-minute differences, the House and Senate approved a compromise package to replace the 36-year-old system that until Oct. 1 provided $10,000 in medical coverage and insulated many motorists from lawsuits following a crash.

Backers say the measure will address the fraud and high costs critics said hampered the former no-fault system while continuing the protection that motorists and their passengers have relied upon since the mandatory law was put in place in 1971.

“(The bill) will not allow a consumer to easily exploit an insurance company, and it won’t allow an insurance company to exploit a consumer,” Senate sponsor Bill Posey, R-Rockledge, told members. “I think that was the balance you were looking for.”

Critics, however, continued to object to the lack of caps on attorney fees — a void they say would result in continued high costs and abuse.

“This doesn’t solve the problem,” said Allison North Jones, a spokeswoman for Floridians for Lower Insurance Costs, which spearheaded efforts for PIP’s demise. “We’ll be back here in a year.”

As of Jan. 1, all motorists will be required to carry personal injury protection, or PIP, coverage on their vehicles. Until then, motorists can purchase voluntarily PIP.

The voluntary coverage will also pay up to $10,000 in medical expenses, but it will not provide immunity from civil lawsuits for at-fault drivers unless all drivers involved in the accident also carry PIP.

On a 37-0 vote, the Senate passed an identical measure that sailed through the House on a 105-4 vote.

“By taking action on Florida’s no-fault law and personal injury protection requirements, we ensure that Florida’s drivers continue to be protected while also reducing the possibility of fraud,” Crist said in a statement following the bill’s passage.

Despite the lack of attorney fee reforms, local delegates said the bill would provide needed protections to motorists and their passengers.

“We’re better with the revised PIP than no PIP,” said Rep. Garrett Richter, R-Naples. “I think there will be another bona fide attempt to adopt more provisions to reduce abuse and fraud.”

Sen. Dave Aronberg, D-Greenacres, whose district includes south Lee County, voted for the measure but said lawmakers missed an opportunity by not scuttling the state’s no-fault system and replacing it with one the requires those who cause crashes to pay for the damage.

“If we transition to a fault-based system we will see lower rates and then finally safer driving,” Aronberg said. “When drivers who cause accidents are required to pay … I think you will start seeing safer roads.”

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Reach this correspondent at mpeltier1234@comcast.net

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