Those suffering even higher losses average barely a 9 percent recovery rate. An incredible 40 percent of every premium dollar paid to cover bodily injury and uninsured motorists goes to lawyers. An incredible 40 percent of every premium dollar paid to cover bodily injury and uninsured motorists goes to lawyers. The problem is both sides. The plaintiffs' bar, which usually works on retainer, is after as large a judgment as possible, while defense attorneys use delay as trial tactic.
Reform obviously is needed.
However, drivers could file suit if their economic damages exceeded their policy limits or the other driver caused the accident intentionally or after using alcohol or drugs or was uninsured. Some lower-income drivers would see their premiums drop by nearly half. Additional savings are possible by reducing the overlap between auto and health insurance. This initiative also ensures free choice. Not only would individual drivers be able to decide to stay under the old system, but a state legislature or insurance commissioner could opt out, if desired.