Fraud's a fault of no-fault
By Julie
Sturgeon Bankrate.com
No-fault auto insurance may offer some Americans
relief in an accident, but they're paying a princely sum for the privilege.
The situation has industry officials muttering the "f" word:
fraud.
Dishonest claims account for $177 of each New York
driver's insurance fees today. Insurance officials estimate that
figure will rise to $242 per driver in 2004, and $321 each in 2005
-- representing a 3,500 percent increase from the $9 allotment in
1999.
It gets uglier: The frequency of claims in New York
is 20 percent higher than the national average; the severity of
claims, 130 percent higher. No wonder the state's estimated cost
of auto insurance fraud is $1 billion annually -- and $6.3 billion
per year countrywide.
"There's no obvious reason why people in New
York are injured more severely or more often, even accounting for
the greater number of cars," says Ellen Melchionni, vice president
of the New York Insurance Association.
What it is
No-fault insurance dictates that drivers involved in an accident
seek coverage for any injuries from their own insurance companies
regardless of who did what. The objective when it was introduced
in the 1970s was to halt lawsuits clogging the courts over fender
benders.
But no-fault insurance claim procedures didn't change
when managed care arrived, lugging its limits and protocols. This
means car accidents became an area where consumers didn't have to
see a gatekeeper first. They could saunter into a neurologist's
office to examine a pain in the neck without first ruling out strained
muscles -- and insurance pays. Nor do medical personnel have to
follow rules on when to use specific treatments. Want to order a
CAT scan first for a nebulous complaint of aches and pains? The
insurance company pays.
What's more, the law in New York has continued to
allow medical claims up to $50,000 -- no real questions asked, says
Robert Hartwig, chief economist of the Insurance Information Institute.
"Basically, you had the last great open checkbook
in America," he says.
How the scam works
A few ordinary Joes shrugged and padded their claims because they
could, but the bulk of trouble stems from organized rings, Hartwig
says.
Questionable doctors, lawyers and collision repair
facility operators use street-level collision coordinators known
as "cappers" to recruit a few chumps and stage vehicle
accidents just as they would a Hollywood production.
They target an innocent driver, position bogus witnesses
to counter the victim's testimony, and wham! A car accident then
allows the unscrupulous doc to produce inflated bills for supposed
injuries. The shady attorney negotiates a settlement with the insurer
for the cooperating victims, and everyone in the scam splits the
payday, with the lawyers and physicians pocketing the lion's share.
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