Recommendations for legislators

To truly pass meaningful new legislation that will work for the benefit of consumers and businesses, legislators should consider the following:

Eliminate PIP coverage and mandate BI limits of $25,000 per person and $50,000 per accident.
Modify the negligence law so that parties more than 50% at fault for a loss are barred from recovering damages from a third party. Currently, under Florida's pure comparative negligence doctrine, a person who is 99% at fault is still allowed to sue for damages.
No pay, no play. Florida needs to bar uninsured motorists from recovery of non-economic damages, a solution effectively implemented in several states.
Cap attorney fees.
Cap tort damages for "pain and suffering." Include a "loser pays" provision that applies to not only the plaintiff but their counsel.
Allow "bad faith" only in the rare situations in which an insurer truly does not honor their fiduciary duties. Enact penalties for trial lawyers who engage in so-called bad faith "setups."
Allow a reasonable amount of time to investigate suspicious claims.
Give law enforcement the teeth necessary to pursue fraudsters while holding insurers harmless during their investigations.
Enact caps associated with Medicare and/or workers' compensation, on treatment for soft tissue injuries, which comprise the vast majority of cases clogging our courts.

Unless Florida takes serious steps to address the frivolous litigation clogging our courts, in particular those related to "soft tissue" claims, the problem will not be solved. Both the insurance companies and the trial lawyers need to be held accountable. If insurers can commit bad faith, so to can trial lawyers. By truly understanding the problems in the Florida insurance system, hopefully, the legislature can make meaningful changes to benefit consumers while attracting more businesses to our great state.

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