Florida’s Windshield Replacement Anti-Fraud Proposal Clears First Hurdle

Jan. 17--A proposal to let insurers require inspections of broken windshields before they are replaced cleared a state Senate committee on Tuesday after lawmakers added a 24-hour inspection deadline and an exception for windshields that would otherwise be dangerous or illegal.

The bill, introduced by Sen. Dorothy Hukill, is meant to address a steep increase in lawsuits against auto insurers by auto glass repair companies working under "assignment of benefits" affidavits.

Similar to the controversy over assignments of benefits percolating for several years in Florida's home insurance industry, auto insurers say glass companies coerce car owners to OK replacing their windshields so the companies can overbill the insurers and file lawsuits if insurers fail to pay.

Some of the companies solicit customers in parking lots or car wash businesses, insurers say. Websites of three companies -- Same Day Windshields, AmeriPro Auto Glass and Auto Glass America offer $100 to customers who select them for their windshield replacements.

Ron Hurtibise

A new front has opened in the ongoing battle between repair contractors and the insurance industry, and this time ground zero isn't South Florida.

Lawsuits between independent auto glass repair businesses that replace cracked and broken windshields and auto insurers that pay for them have increased...

A new front has opened in the ongoing battle between repair contractors and the insurance industry, and this time ground zero isn't South Florida.

Lawsuits between independent auto glass repair businesses that replace cracked and broken windshields and auto insurers that pay for them have increased...

(Ron Hurtibise)

Since 1979, Florida law has required auto insurers to replace broken windshields at no cost to customers with comprehensive coverage.

The number of auto glass lawsuits has increased from 397 in 2006 to 19,695 in 2016, according to a Senate analysis.

Auto glass companies counter that they only file suit when insurers fail to pay fair retail prices for windshield replacement jobs. Large insurers enter contracts with preferred vendors for below-market rates and use those rates to guide what they are willing to pay smaller shops, the glass companies say.

Ron Hurtibise

Will 2018 finally be the year that property insurers and trial attorneys agree on legislation aimed at curbing costly claims abuses and excessive lawsuits?

Insurers don't sound too confident as they prepare for Tuesday's start of the legislative session in Tallahassee. Several industry representatives...

Will 2018 finally be the year that property insurers and trial attorneys agree on legislation aimed at curbing costly claims abuses and excessive lawsuits?

Insurers don't sound too confident as they prepare for Tuesday's start of the legislative session in Tallahassee. Several industry representatives...

(Ron Hurtibise)

But insurers say the increases are driven by the ability of auto glass companies and their attorneys to recover legal fees from insurers who lose in court or decide to settle.

Committee members approved the bill along with two tweaks.

An amendment by Sen. Greg Steube, a Republican from Sarasota, would require the inspection be performed by a licensed adjuster who is an employee of the auto owner's insurer within 24 hours after notification of the claim, unless the inspection would delay the repair or replacement "to the detriment of the insured."

Sen. Rob Bradley, a Duval County Republican, added language barring the inspection requirement if the windshield damage impacts the structural integrity of the vehicle or renders its continued use to be a violation of state law and subjects the driver to a citation.

The Senate bill is referred to two other committees. A House version filed by Rep. Rene Plasencia, a Republican representing parts of Brevard and Orange counties, has yet to be referred to committees in that chamber, according to the House website.

[email protected], 954-356-4071, twitter: twitter.com/ronhurtibise

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