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Sunday, September 14, 2008

On Insurance - Liability Reform

By Dr David Robinson

Terminating the stranglehold the insurance industry has on us, reforming the system and reducing premiums would seem to be a rather arduous task. But let's give it a try. Across the board insurance and tort reform is just a matter of rearranging how insurances are put out into the market. The changes would not be popular. But it would force individual responsibility. It would put an end to allowing irresponsible actions and behaviors to be defended. It would end all the chicanery of liability and tort law that costs tax payers dearly every year. It would streamline the insurance process and should reduce premiums. The first step is to issue separate insurances and policies and put an end to all the overlap of insurance coverage.

The second step is to nationally mandate auto insurance, home owners insurance, health care insurance (A hybrid plan for this is outlined in my article on associatedContent.com so I will not go into it again here), and liability insurance (just as any type of healthcare practitioner or licensed professional must carry liability insurance, each individual should be mandated to purchase Mandatory Minimum Liability Insurance). For example, this means auto insurance is strictly coverage for damages to a vehicle. No more medical payments, personal injury coverage, liability, etc., just payment for damage to the vehicle, period. Regardless of the incident, each person's damages to their auto would be paid by their own insurance. What each person would hold are separate policies for separate "entities".

An auto insurance policy for damages to their vehicle. A home owners or renters insurance policy for damages to the dwelling and contents. A health care insurance policy. And a liability insurance policy. Tort law and litigation would be eliminated nationally. Only the liability insurers for individuals involved would be responsible for working together to determine the percentage of fault or liability for each individual in the incident.

It would be up to the separate liability insurers of all parties involved to work out and determine what insurer was to reimburse other insurers and for how much. But this would be done at the insurance company level only. No involvement with tort litigation from any policy holder against any other party. The exceptions would be injuries sustained at the hands of another committing a criminal act. Then litigation and tort law would be allowed. For any type of injury in any type of incident in any circumstance in any place, the individual would receive care & treatment under their own health care insurance policy. This means having to pay all deductibles and copayments.

For an auto accident, each driver's auto insurance would cover the damages to their own policy holder's auto. Each person's health care insurance would cover their own policy holder's treatment & care of any injuries. Each person's liability insurance would reimburse their own policy holder for all health care deductibles and copayments. All individuals get their injuries treated under their own health care insurance and have to pay their deductible and copayments.

After each individual's injuries reach maximum medical improvement, their own liability insurance policies would reimburse them for the health care deductibles, copayments and extra medical expenses beyond what their health care policies cover. The same arrangement would prevail for an injury sustained at work, due to medical/health care malpractice and on someone elses property, private or commercial. Individuals would later get reimbursed for the deductibles, copayments and any medical costs beyond what their health care policy covers from their own liability insurer. Since the majority of insurance policies across the board from auto to home owners to liability, already pro-rate each policy holder's yearly premium base on any incidents or lack thereof, the "losses" of the insurers are "reimbursed" by such premium increases. It is a Direct Pay system to each policy holder. This seems to simplify the processes and eliminate expensive and frivolous litigations, fraudulent health care expenses and needless attorney fees.

Would it work? One way to find out.


Dr. Robinson received his B.S. in biology from Bridgewater State College in Massachusetts and his D.C. from Life University College of Chiropractic in Marietta, GA. He received his certifications as aPersonal Trainer & Fitness COunselor from the Aerobics & Fitness Association in Los Angeles, CA. As well, David has been certified as a1stDegree Reiki Practitioner.

David was in practice as a Chiropractor for 16 years and as a Personal Trainer for 10 years.

He recently established a practice as a Personal Trainer and Health/Lifestyle Counselor. In addition he does Public Speaking and Freelance Writing on health and healthy living topics.

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