The solution for uninsured motorists

I had an interesting discussion with a group of  insurance claims folks recently.  The discussion centered around what to do with the increasing problem of more people driving with no insurance.

The usual suggestions of pulling their drivers license and care registration came up, along with monetary fines.  These have been in place in most states for years.  Another suggestion was asking for an insurance card at the time plates are secured.  Most states now do annual plate registration on line and ask only for a policy number and name of the insurance company.  Things got a little crazy when someone suggested the insurance companies send the state a listing of their auto insureds every month and let the state cross index the insurance company list with the list of licensees that will be up that year and annual plate registration.  Sounds like a good idea, but what state has the man power to actually do this and then enforce it.

There is a more novel way to address the UM issue that some states are starting to adopt.  Simply remove the uninsured driver’s tort right to collect from the person who is at fault.  Period …end of concept.

Some of the lawyers in the group jumped up and said it was illegal to remove a person’s tort right.  On really, I said.  If the law says you have to have insurance to operate a vehicle and you don’t, then you are breaking the law.  An uninsured motorist has no right to operate a vehicle.  Since they have no right to operate the vehicle then they should have no right to recover for their injuries and property damage.  If you break the law you have no rights associated with the breach of law.  I know it sounds simple, but some states are enacting the law and no one has over turned it yet.  The ACLU has not even gotten involved.