Sean Faircloth:
Remember Deliverance? (You know: “You got a real perty mouth.”) In addition to backwoods buggery, some remember Deliverance for Burt Reynolds’ macho stand that he carried no insurance—not on his car, not on his life.
Perhaps it was this libertarian risk-taking swagger that got Burt all those women friends back in the ‘70s. (Women may “nest” with good boys, but they often drive off in the Camaro for a night with Burt.)
Yet problems arise when a guy like Burt slams his Camaro into a schlub like me.
If Burt was negligently racing Sally to the No Tell Motel, and plows into my ‘96 Subaru (trust me, it’ll be a classic eventually), I’d be flat out of luck asking Burt to pay for my full body cast and walker. Yeah, I know, Burt Reynolds the movie star has loads of cash, but your average Camaro-driving uninsured motorist does not
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So what to do?
The good old state of Maine, ‘round about the time Deliverance came out, decided auto insurance policies must include coverage to protect us from Burt Reynolds and Co. That is, coverage for the uninsured and underinsured motorist. (This was added to existing legislation that had already made auto insurance mandatory in order to register a vehicle.)
All in all, a sensible move. If Maine were a character in a movie, it might not be played by Burt Reynolds, but, perhaps, Tom Hanks or at least Paul Giamatti: decent and practical, if not to swoon for. It gets the job done.
The fact is, in the most recent study from the Insurance Research Council, Maine was ranked as having the lowest percentage of uninsured motorists in the nation. Lowest in the nation.
According to the National Association of Insurance Commissioners, Maine had low auto insurance costs compared to most states (42 of 51 jurisdictions). In addition to our low rates of uninsured motorists, auto insurance premiums overall (which include the uninsured motorist coverage component) in Maine are very low compared to other states.
The two laws (mandatory auto insurance combined with mandatory coverage to protect us from the uninsured) mean that our premiums in Maine, which protect us from uninsured drivers, are relatively inexpensive compared to other states.
Most important, it is a huge help to each of us if Burt ever smacks into us on the highway because he’s too busy playing Bandit—but that’s another movie.
Sean Faircloth, a lawyer, serves on the Judiciary Committee in the Maine Legislature. He recently initiated a package of legislation that increased penalty ranges for sex crimes against children.
Scott K. Fish:
Uninsured motorists were a perennial issue during my years working in the Maine Legislature (1989–2000). At issue: Mainers are driving illegally without auto insurance. If you’re involved in an auto accident with an uninsured Maine driver, you’re out of luck. They don’t have insurance to pay to have your car fixed. And woe to you if, as a result of the accident, you’re hospitalized or incur medical bills.
I don’t remember the Maine Legislature resolving this issue. My recollection is of the legislature always punting. No matter what remedies were suggested, they were never quite right.
Imagine my surprise on learning that, at some point, Maine government found a solution to the uninsured (and underinsured) Maine motorist problem. I’m buying their auto insurance! If you have your own Maine auto insurance, you’re buying auto insurance for some uninsured/underinsured Mainer, too!
I discovered this while reading through my annual policy renewal. It’s called “Uninsured Motorists Coverage.” “Under this coverage,” my auto insurance company said in a letter, “your own insurance company pays for bodily injury you are legally entitled to recover from an uninsured or hit-and-run motorist, or by an underinsured motorist.”
“In Maine,” my insurance company continues, “this coverage is required at the same limit as your liability coverage limit unless you select a lower limit in writing. The minimum limit is $100,000.”
If I don’t mail them a written correction, my insurance company assumes I want the same liability coverage against uninsured motorists I have against other liabilities, and they’ll charge me $62. Since I will send in a written correction, I’m paying the minimum $35.
Do the math! In 2004, the latest year of Maine Bureau of Motor Vehicles’ available statistics, Maine had a total of 984,829 “licenses in force,” not including Maine’s 117,821 motorcycle license holders.
Forget the motorcyclists. Let’s say Maine’s 984,829 license holders are paying $35 per year for Mainers without auto insurance. That’s $34,469,015 per year Maine government is forcing law-abiding Maine drivers to pay for lawbreaking Maine drivers.
State Rep. R. Kenneth Lindell (R-Frankfort), a member of the legislature’s Insurance and Financial Services Committee, wrote me by email, “The state has taken several measures to enforce mandatory [auto insurance] coverage. The latest is a requirement that [insurance] companies report [auto policy] cancellations to the secretary of state.
“Regardless of any enforcement measures, there will always be scofflaws driving around without insurance,” writes Representative Lindell. “It is prudent for motorists to insure themselves against that risk. Whether the coverage ought to be mandatory is another question. Mandatory or not, it is inexpensive and usually a smart rider to carry on one’s policy.”
What bothers me most is no one asks! Government assumes if we have the money to insure our own cars and trucks, we will pay extra for people driving without auto insurance, and keep quiet about it.
Consider this my official HONK on the horn.
Scott K Fish is owner/editor of the web forum www.asmainegoes.com, a site dedicated to Maine news and political discourse, with 1,779 registered users and approximately 30,000 unique visits per month
