S.837 - Auto Choice Reform Act of 1999106th Congress (1999-2000)
Summary: S.837 — 106th Congress (1999-2000)
Introduced in Senate (04/20/1999)
Auto Choice Reform Act of 1999 - Authorizes motor vehicle insurers to offer a choice between the personal injury protection and tort maintenance systems described by this Act.
Deems persons who fail to select a type of insurance to have elected insurance under the tort maintenance system in effect in the State of residence.
Authorizes the State official with jurisdiction over insurance rates for motor vehicles to establish a program to ensure that consumers are adequately informed concerning: (1) the comparative cost of insurance under the personal injury protection and tort maintenance systems; and (2) the benefits, rights, and obligations of the insurers and insureds under such systems. Requires insurers to provide such information to a consumer before the consumer chooses insurance.
Provides that this Act supersedes any inconsistent State law, subject to specified exceptions.
(Sec. 6) Describes minimum requirements of the personal injury protection system, including a waiver of certain tort claims and provisions for third party liability. Makes the insurer liable for the primary payment of benefits to cover economic loss, with specified reductions if an individual receives workers' compensation or disability benefits, in cases where a personal injury protection insurer and a collateral source are obligated to pay benefits for the same economic loss.
Describes late payment penalties for insurers and authorized policy deductibles and exclusions.
(Sec. 7) Describes minimum requirements of the tort maintenance system, including coverage at a level equivalent to that required under the applicable State financial responsibility law for bodily injury liability.
(Sec. 8) Subjects tort maintenance insureds involved in accidents with another person to applicable State law for injury except that, based on fault, such person may, upon submission of proof of insurance, recover from, or be liable to, any personal injury protection insured for uncompensated economic loss. Permits personal injury protection insureds: (1) injured in an accident to recover only for economic loss without regard to fault; and (2) involved in an accident with another insured to recover based on fault from the other insured for uncompensated economic loss.
Describes compensation rights of personal injury protection insureds with respect to accidents involving uninsured motorists or those under the influence of alcohol or illegal drugs or driving with intent to cause injury. Prohibits uninsured motorists from recovering from such insureds for noneconomic loss.
Sets forth provisions regarding the reimbursement rights of personal injury protection insurers and collateral sources. Prohibits multiple recovery of losses arising out of accidents.
Applies the choice-of-law principles applicable under the law of the State of competent jurisdiction with respect to claims relating to accidents involving persons from different States.
Requires claims for personal injury protection benefits to be filed no later than two years after the economic loss that is the subject of the claim is incurred unless otherwise provided by State law.
Sets forth limitations on policy nonrenewals, cancellations, and premium increases with respect to persons making benefit claims.
(Sec. 10) Applies this Act to a State, subject to certain requirements, unless the State: (1) by a specified date, enacts a statute that declares that this Act shall not apply to the State; or (2) finds that average premiums will not be reduced by an average of at least 30 percent for persons choosing the personal injury protection system.