Communications Toolkit
Dear Potential Coalition Member: As you know, Florida’s Personal Injury Protection system is a major priority for the 2012 legislative session, which begins Tuesday, Jan. 10. Gear Up Florida, a grassroots/grass tops coalition dedicated to protecting consumer automobile insurance interests, is proud to invite you to join us. As influential business and consumer advocacy organizations, your support is critical in sending a strong message to the Florida Legislature: Florida’s no-fault law must be fixed, and fixed soon. And now is the time to act. Florida’s consumers are bearing a financial burden that criminals, unscrupulous medical clinics, and personal injury attorneys are placing upon them. Loopholes in the no-fault law are allowing these bad actors to capitalize on a system designed to provide essential medical care to motorists and other victims of car crashes who are injured and require medical care, regardless of who is at fault. A concerted effort that includes influential associations and businesses, along with the active participation of an educated public, will facilitate legislative action to address this pressing problem. In order to assist you in providing advocacy on this issue, Gear Up Florida is providing this customizable PR toolkit designed to maintain a consistent core message among coalition members. We believe the tools provided in this package will not only help you gain a complete grasp of the coalition’s goals, but also will save you valuable time during the busiest season in Florida government. Please join Gear Up Florida. Our objective is to make your participation in this vital issue as easy as possible. We are eager to work with you in any way possible in furtherance of coalition goals, and look forward to speaking with you regarding ways you can contribute to the effort. Please contact Scott VanDeman,
[email protected] information about this important effort.
if we can provide additional assistance or
COALITION PARTICIPATION STATEMENT I understand that Gear Up Florida: Put the Brakes on Accident Fraud is a coalition raising awareness on auto accident fraud. According to the National Insurance Crime Bureau there were more auto lawsuits in Florida than any other no fault state, which led to higher insurance premiums for Florida’s most honest consumers. In 2012, the Florida State Legislature has the ability to reduce the nearly 1 billion dollar fraud tax on Florida drivers and ensure Floridians have access to affordable automobile coverage. Gear Up Florida: Put the Brakes on Accident Fraud supports the following four essential fraud-fighting fixes: 1. Allowing a reasonable amount of time to investigate suspicious claims. 2. Eliminating incentives for frivolous no fault lawsuits by placing caps on attorney’s fees. 3. Providing greater oversight of medical clinics by allowing private inspections of on-site premises to ensure the services are real. 4. Preventing fraudulent, unnecessary medical treatment by non-emergency alternative care operations. The individual and/or organization listed below will participate in the following: Join the Coalition....................................................................................................................... Send a letter or email to my elected representatives as requested by Gear Up Florida............... Allow my name and/or my organization’s logo to be published on a group letter......................... Submit Op Eds to my local newspaper(s) as requested by Gear Up Florida................................. Participate in phone calls with state and local media representatives......................................... Participate in phone calls with elected officials........................................................................... Contact elected officials............................................................................................................. Send blast emails to members of my organization with Coalition updates................................... Support Gear Up Florida on Social Media................................................................................. Participate in local advocacy events and press conferences........................................................ Allow my organization’s name to be listed on a public roster (print and web).............................. Contact Name: Title / Organization: Address, City, State, ZIP: Phone: Email: Signature: *With my signature above, I certify I have the authority to obligate my organization to join Gear Up Florida
Issue Overview Simply put, Florida’s no-fault automobile insurance system is broken. Florida is the venue for more auto Florida’s new consumerpersonal injury lawsuits than any state in the nation. protection coalition aims to Staged accidents, and the cash grab by unscrupulous medical practitioners and pain clinics, have increased curb automobile accident payout costs by as much as 45 percent, which fraud and to help consumers... ultimately means higher prices for consumers. While the number of automobile accidents in Florida has been decreasing, personal injury claims have increased by 32 percent over the past three years. As a result, Personal Injury Protection legislation has become a top priority for the 2012 legislative session. For Florida’s insurance consumers, rampant litigation and fraud have resulted in the country’s highest auto insurance rates—a nearly 1 billion dollar fraud tax on Florida’s insurance consumers. Further, state officials have warned unsustainable fraud costs may result in an insurance availability crisis. Gear Up Florida is recommending the Florida Legislature enact common-sense fixes to address the flaws in Florida’s no-fault law that allow these abuses to occur. The four steps the coalition recommends are: 1. Unshackle Florida’s automobile insurers, allowing them to investigate suspicious claims effectively; 2. Cap attorney’s fees in no-fault cases to eliminate the incentive for frivolous litigation; 3. Provide greater oversight and accountability for Florida medical providers that treat Personal Injury Protection claimants; and 4. Prevent alternative medical operations from providing unnecessary and excessive treatment. Failure to address these issues in 2012 will result in Florida continuing to lead the nation in auto accident fraud and, potentially, invite more criminal activity that harms Florida’s law-abiding automobile insurance consumers.
Issues at a Glance Four steps the Florida Legislature must take to fix the loopholes in Florida’s no-fault law... Gear Up Florida recommends the following common-sense steps to fixing Florida’s flawed no-fault law: 1. Permit insurance companies a reasonable amount of time to investigate suspicious claims. Give insurers additional tools to investigate fraud, including requiring claimants and providers to answer claims questions under oath and allowing medical review when appropriate. 2. Enact reasonable limits on attorney’s fees in Personal Injury Protection cases. Personal injury attorneys receive hourly rates of up to $500, providing an incentive to file and prolong litigation. 3. Increase oversight and accountability for medical providers. Enact more stringent licensing requirements and allow for on-site clinic inspections. 4. Prevent the overuse of unnecessary medical treatments. Treatment from alternative medical providers – such as chiropractors, physical therapists, and massage therapists – should be held to reasonable limits.
Talking Points According to the National Association of Insurance Commissioners, Florida consumers are paying more than they should for automobile insurance because of auto accident fraud – 56 percent more than consumers in other states. National Insurance Crime Bureau statistics reveal Florida is the number-one state in the nation for staged car accidents and “questionable Personal Injury Protection claims.” Four of the 10 U.S. cities with the highest rates of questionable claims are in Florida: Tampa, Miami, Orlando and Hialeah. Criminals, often in collusion with some corrupt attorneys and medical providers, are taking advantage of Florida’s no-fault law in order to line their own pockets at the expense of honest insurance consumers. The number of automobile lawsuits in Florida is higher than any other no-fault state. The Florida Office of Insurance Regulation warns that continuing fraudulent claims may result in an insurance availability crisis for consumers. The number of automobile accidents in Florida has dropped over the past five years. At the same time, Personal Injury Protection payouts have increased by more than 50 percent, “a nearly 1 billion dollar fraud tax on consumers.” The Gear Up Florida coalition recommends the following four steps to solve the underlying problems in Florida’s no-fault law that allow fraud to happen: Allow a reasonable amount of time for investigation of suspect claims. Place reasonable limits on attorneys’ fees to reduce the incentive for unnecessary or prolonged litigation. Allow for greater oversight of clinics that provide medical treatment to Personal Injury Protection claimants. Establish reasonable treatment restrictions to prevent excessive and unnecessary medical treatment. If Personal Injury Protection is not fixed in 2012, Florida will continue to experience rapidly increasing automobile insurance costs, to lead the nation in fraudulent automobile accident claims, and to invite even more criminal activity at the expense of Florida consumers.
Sample News Release News Release For More information, contact: [Name] [Organization] [Telephone number] or [E-mail address] FOR IMMEDIATE RELEASE:
[ORGANIZATION] JOINS GEAR UP FLORIDA COALITION We are proud to join the effort to “Put the Brakes” on Auto Insurance Fraud in Florida [City], Fla. (Date) – [Organization] today announced it is joining Gear Up Florida, a coalition of citizens, business associations, and law enforcement agencies dedicated to “putting the brakes on accident fraud in Florida.” Florida’s no-fault auto insurance system is rife with fraud—fraud that has cost Florida consumers in higher auto insurance premiums. According to the National Association of Insurance Commissioners, Florida insurance consumers pay 56 percent more than consumers in other states for automobile insurance premiums. Staged accidents, rampant litigation, and unscrupulous medical clinics that provide services to Personal Injury Protection claimants have created a perfect storm of skyrocketing costs for honest Florida consumers. That is why [organization] is joining forces with Gear Up Florida: to advocate for a series of commonsense fixes for Florida’s no-fault law that, taken together, will close loopholes that allow for abuse of the system. According to the National Insurance Crime Bureau, Florida led the nation in staged automobile accidents and questionable insurance claims from 2007 to 2009. Four of the top 10 U.S. cities with the highest rate of questionable auto claims are in Florida: Tampa, Miami, Orlando and Hialeah. If the underlying problems with Florida’s no-fault law are not addressed in 2012, Florida will continue to lead the nation in fraudulent claims and higher costs for consumers.
Continued >
“Our primary concern is end the abuse of Florida’s no-fault law,” said [Name]. “Florida’s insurance consumers should not have to foot the bill for ‘a nearly 1 billion dollar fraud tax on Florida consumers.’” Gear Up Florida recommends: Allowing a reasonable amount of time for investigation of suspect claims. Placing reasonable limits on attorneys’ fees to reduce the incentive for unnecessary or prolonged litigation. Allowing for greater oversight of clinics that provide medical treatment to Personal Injury Protection claimants. Establishing reasonable treatment restrictions to prevent excessive and unnecessary medical treatment. For more information, visit the Gear Up Florida website at www.InsuranceFraudUncovered.com
Sample Letter to Legislator [insert date] Your Name Address City, State, ZIP Code Phone number The Honorable [insert full name] [Office Number] [Senate or House] Office Building The Florida Capitol 404 South Monroe Street Tallahassee, FL 32399 Dear Representative [or Senator] [insert last name]: I am writing as a member of the Gear Up Florida Coalition to ask your support for current legislation aimed at eliminating Personal Injury Protection fraud in the state of Florida. Florida holds the dubious distinction of being the number-one U.S. state for no-fault fraud and litigation. Worse, Florida consumers currently pay 56 percent higher automobile insurance premiums than consumers in other states. Gear Up Florida and [your company] recommend the following four steps to fixing the accident fraud problem in Florida: 1. Permit insurance companies a reasonable amount of time to investigate suspicious claims. Give insurers additional tools to investigate fraud, including requiring claimants and providers to answer claims questions under oath and allowing medical review when appropriate. 2. Enact reasonable limits on attorney’s fees in Personal Injury Protection cases. Personal injury attorneys receive hourly rates of up to $500, providing an incentive to file and prolong litigation. 3. Increase oversight and accountability for medical providers. Enact more stringent licensing requirements and allow for on-site clinic inspections. 4. Prevent the overuse of unnecessary medical treatments. Treatment from alternative medical providers – such as chiropractors, physical therapists, and massage therapists – should be held to reasonable limits. Continued >
If the Personal Injury Protection fraud problem is not fixed soon, Florida’s honest automobile insurance consumers will continue to pay the price—a nearly 1 billion dollar “fraud tax” on consumers. In this challenging economy, I know you want to do everything in your power to ease the financial burden on your constituents. Fixing Florida’s accident fraud problem is a giant step in the right direction. Thank you for your attention and consideration. Sincerely, [Your name]
Sample Letter to the Editor Personal Injury Protection fraud a 2012 legislative priority (276 words) Editor: Florida has the dubious distinction of being the state most riddled with auto accident fraud in the nation. According to the National Insurance Crime Bureau, staged accidents, unscrupulous medical providers, and unethical personal injury attorneys have landed four Florida cities in the top 10 Personal Injury Protection fraud hotbeds in the U.S.: Tampa, Miami, Orlando and Hialeah. As a result, law-abiding automobile insurance consumers are paying a heavy price: current average annual premiums of $736 in Florida versus $471 in other states, says the National Association of Insurance Commissioners. And the problem isn’t getting better. If current trends continue, premiums will continue to rise, and Florida officials warn of a possible insurance availability crisis. Abuse of Florida’s no fault law is a nearly 1 billion dollar fraud tax on Florida Consumers.” Gear Up Florida, a coalition of business and law enforcement organizations, aims to change this, recommending the legislature pass a series of four common-sense fixes to put the brakes on auto accident fraud. The recommendations are: 1. Allow insurance companies more time and latitude to investigate suspicious Personal Injury Protection claims effectively; 2. Place reasonable caps on attorney’s fees to eliminate the incentive to file frivolous lawsuits or prolong existing suits; 3. Increase oversight and accountability for medical providers that treat Personal Injury Protection claimants; and 4. Prevent the overuse of alternative medical providers such as chiropractic and massage therapy. It is imperative that the legislature fix Florida’s no-fault system this year. Contact your Senator and Representative, and ask them to protect your interests as an automobile insurance consumer. For more information about Personal Injury Protection fraud, visit the Gear Up Florida website at www.InsuranceFraudUncovered.com.
Sample Op Ed Fix Personal Injury Protection. Protect Florida Insurance Consumers (517 words) Florida’s no-fault system is clearly broken. It’s time for the Legislature to act on the automobile accident fraud problem that is putting the squeeze on Florida’s honest automobile insurance consumers. Today, the National Association of Insurance Commissioners says Floridians pay a whopping 56 percent more for automobile liability insurance than any other state. The problem is fraudulent Personal Injury Protection claims. Florida is the number-one state in the U.S. for fraudulent auto insurance claims. In fact, the National Insurance Crime Bureau indicates four of the 10 worst cities for auto accident fraud are in Florida: Tampa, Miami, Orlando and Hialeah. Florida Office of Insurance Regulation trend comparisons reveal that there are fewer drivers, fewer collisions, and fewer crash-related injuries in Florida. At the same time, Personal Injury Protection claims in Florida increased by 37.5 percent from 2008 to 2010. This simply is not sustainable. In fact, state officials warn that allowing this problem to continue unchecked may result in an insurance availability crisis for Florida motorists. Gear Up Florida, a coalition of consumers, business associations, and law enforcement agencies, is recommending four common-sense fixes to the Legislature. These four steps to combating Personal Injury Protection fraud are: 1. Unshackle Florida’s automobile insurers, allowing them to investigate suspicious claims effectively; 2. Cap attorney’s fees in no-fault cases to eliminate the incentive for frivolous litigation; 3. Provide greater oversight and accountability for Florida medical providers that treat Personal Injury Protection claimants; and 4. Prevent alternative medical operations from providing unnecessary and excessive treatment. Here’s what you need to know about accident fraud: Networks of motorists, clinics that provide treatment to Personal Injury Protection claimants, and unscrupulous attorneys have banded together in organized rackets to fleece the system and Florida’s insured. According to the Florida Sheriffs Association, undercover investigations have revealed that many participants in staged accidents are part of these larger groups. The staged crash is just the first step in the overall scheme to defraud insurance companies, which ultimately harms honest consumers. Accident fraud used to be an individual crime. Now it has become an organized crime – one that the Florida Office of Insurance Regulation says has led to a fraud tax of nearly 1 billion dollars on Florida drivers. Continued >
Prior to going to Personal Injury Protection clinics, paid crash participants are coached on what to say to the doctor, enabling the doctor to file a claim against the motorist’s Personal Injury Protection insurance. Once at the clinic, participants typically sign numerous blank treatment forms in advance, or will go to the clinic for “treatment” until the clinic reaches the $10,000 Personal Injury Protection limit. These clinics commonly rake in more than $1 million per year. Once the Personal Injury Protection limit is reached, participants are directed to a personal injury attorney in order to file a lawsuit against the insurance company. In this challenging economy, Florida’s automobile insurance consumers need a break. Contact your legislators and urge them to put the brakes on accident fraud in Florida. To learn more about Personal Injury Protection fraud and the ways you can help, visit the Gear Up Florida website at www.InsuranceFraudUncovered.com. [Name] [Organization]
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Florida consumers pay 56 percent more for automobile insurance than anyone else!1 Florida is number-one in the nation for staged car accidents! Four of the 10 U.S. cities with the highest rates of accident fraud: Tampa, Miami, Orlando, and Hialeah!2 The number of automobile lawsuits in Florida is higher than any other no-fault state! Gear Up Florida – a coalition of citizens, business associations, and law enforcement agencies – recommends the following four steps to put the brakes on accident fraud: Allow a reasonable amount of time for investigation of suspect claims. Place reasonable limits on attorneys’ fees to reduce the incentive for unnecessary or prolonged litigation.
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Gear Up Florida Coalition Members: Associated Industries of Florida Amigos por la Salud Community Health Charities of Florida Florida Hispanic Chamber of Commerce Florida Police Chiefs Association Florida Sheriffs Association Florida Transplant Survivors Coalition H.E.A.L.S. of the South Interamerican College of Physicians and Surgeons Latin American Association of Insurance Agencies Property Casualty Insurers Association of America
Allow for greater oversight of clinics that provide medical treatment to Personal Injury Protection claimants. Establish reasonable treatment restrictions to prevent excessive and unnecessary medical treatment. For more information on how you can get involved, visit www.InsuranceFraudUncovered.com
1. The National Association of Insurance Commisioners 2. National Insurance Crime Bureau
For more information on how you can get involved, visit www.InsuranceFraudUncovered.com
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