by Mike Sharkey
Staff Writer
For the past few years attorneys like Tom Edwards have been lobbying for the passage of a law that would dramatically increase automobile insurance premiums for those convicted of driving under the influence. As President-elect of the Florida Justice Association, Edwards has seen too many instances where those convicted of multiple DUIs saw minimal rate increases and often retained their driving privileges.
Last week in St. Petersburg, Gov. Charlie Crist signed House Bill 359 — sponsored by State Rep. Rick Kriseman and State Sen. Dennis Jones — which requires those with a history of DUI to carry bodily injury coverage in the amount of $100,000 per person, $300,000 per incident and $50,000 in property damage.
“It’s a significant amount of insurance,” said Edwards. “But, if you have a prior DUI and want to continue the privilege of driving, there ought to be strict requirements.”
“DUI is a senseless crime,” said Crist last week at the signing, which was attended by several from Mothers Against Drunk Driving and law enforcement and elected officials from the St. Pete area.
“The whole issue of automobile insurance and what will be required to carry is up in the air,” said Edwards, a partner at Peek Cobb Edwards & Ragatz. “It is a hot issue and it will remain a hot issue.”
The new law goes into effect Oct. 1 and Edwards said he doesn’t know what the effect will be on insurance premiums. The current minimums are $10,000/$20,000/$10,000 and even those minimums are based on many factors including type of vehicle, driving record outside DUI convictions, experience, home ownership, credit score and others.
A portion of the funds generated will go towards the victims of drunk driving incidents. Those funds will help offset medical expenses incurred by those injured by drunk drivers.
“This was something the Florida Justice Association spent a great deal of time on and Mothers Against Drunk Driving was also heavily involved,” said Edwards. “We spent a lot of time on it this past legislative session and we have talked a lot about it in the past.
“MADD and our organization felt the Legislature would want to deal with it.”
Edwards said the bill received widespread support among both the House and the Senate.
Another insurance element the Legislature may have to tackle within the next several weeks is the state’s personal injury protection requirement. Edwards said that requirement will “sunset” Oct. 1, leaving motorists with the option of whether to carry PIP or not.
“PIP was only mandated in the 1970s,” said Edwards, explaining that it covers motorists regardless who’s responsible for an accident.
Edwards said the Legislature passed a new PIP bill, but then Gov. Jeb Bush vetoed it. This past session, both the House and the Senate supported the passage of a new PIP bill, however they couldn’t agree on the stipulations.
“The governor said he would wait and see what passed, but nothing did,” said Edwards. “As of Oct. 1, there will be no more insurance requirements in Florida for everyday drivers.”
Edwards said if a new law isn’t created — or the old one isn’t extended — through a special session, doctors and hospitals will lose millions. Because they are required to treat the injured, medical costs to treat uninsured motorists will get passed on to the taxpayers.
“Our organization believes there should be a mandatory insurance program,” said Edwards. “What is the most logical and practical product? Most likely, that will be hotly debated.”
If a bill isn’t passed, Edwards fears many people will see the sunsetting law as an opportunity to save money. Rather than shell out $50, $75 or more a month for automobile insurance, Edwards says may drivers may opt to simply drop their coverage altogether, especially those who may have trouble making ends meet.
“I think that would be a terrible mistake,” he said. “I’d advise people to protect their assets. Some will look at it that way (as a savings), but any responsible driver will carry insurance.”
Edwards said the issue remains at the forefront of the FJA, but he hasn’t heard anything from Tallahassee about a special session.
“We have it on our radar,” he said. “We are working with the governor on a daily basis to some degree on how to handle it. We have a full-time staff in Tallahassee.”
Traditionally, attorneys and doctors haven’t always seen eye-to-eye. When faced with the sunsetting law, the distinct possibility many drivers will drop their insurance totally — especially those who own their vehicles free and clear — and an accident rate that isn’t going down, Edwards said that attitude is changing.
“I am pleased to tell you one thing, we (attorneys and doctors) are working together on this issue,” he said. “I wish there were more instances of that.”