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Georgia’s Tort Reform Battle: What It Means for You

Georgia's Tort Reform Battle: What It Means for You — Podcast Video

Date: 📅 2024-01-01
Duration: ⏱️ 29:56:00
Guests: 👥 Not available

Podcast Summary

In this episode of the Auto Accident Attorneys podcast, host Ali Salimi is joined by Attorneys Craig Miller and Rob Hammers to examine tort reform and what it means for Georgia consumers. They break down current legislative efforts, separate common misconceptions from reality, and explore the political and industry motivations behind reform proposals. The discussion highlights potential advantages and disadvantages for everyday Georgians, how tort reform could change access to courts and compensation in injury cases, and the implications for trial lawyers and insurance accountability. Concluding with a forward-looking assessment, this episode offers clear guidance for Marietta and statewide listeners on protecting legal rights as policy debates evolve.

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Full Transcript

00:14 welcome back everybody to the auto accident
00:17 and attorney's podcast today I have the
00:19 pleasure of having Brian Craig of wood
00:22 Craig Miller and Rob hammers of the
00:24 Hammers law firm with us today these are
00:27 both prestigious Atlanta firms that have
00:30 helped co-consul a lot of our clients in
00:33 the past and will continue to do so Rob
00:36 Brian thank you so much for coming today
00:39 thank you for having us I'm excited to
00:41 talk to you today I'm so excited to hear
00:43 that the topic now that Tor reform is
00:47 all but past is to recap what tort
00:51 reform was purported to be what it will
00:56 actually be or what you pontificate that
00:58 it will be and how it's going to affect
00:60 the average Georgia Consumer because it
01:03 was sold to us as a consumer protection
01:07 legislation so I'd like to put on record
01:12 what we should be able to anticipate in
01:14 the next year two years five years I
01:16 think if it actually benefited the
01:18 consumer then um that that's a good
01:20 thing for Georgia drivers in theory but
01:23 uh obviously we got to see how this all
01:26 plays out but my best guess is that
01:29 consumers are are not going to benefit
01:31 and it's just going to make claims all
01:33 that much harder uh and have some
01:35 significant uh limitations to them
01:39 now so you mentioned it's all but pasted
01:42 and and I want to say that it's you know
01:45 March 7th right and we're about one day
01:49 after what we call Crossover at the
01:51 capital which means if you didn't have a
01:53 bill pass out of the Senate it can't go
01:55 to the house and if you didn't have a
01:56 bill pass out of the house it can't go
01:58 to the Senate um and so you're bill is
02:00 dead this bill s
02:03 sp68 um which is the Omnibus tort Reform
02:06 Bill passed out of the Senate a few
02:08 weeks ago and has been in the house so
02:10 it doesn't have to go back up now to be
02:12 made law but it does have to be voted on
02:15 it's currently in what's called a rules
02:17 committee meaning they didn't put it
02:19 into a study committee where there's
02:20 public hearings and people get to come
02:22 in and testify and tell you how they
02:24 think it's going to help or not help and
02:26 that you have an equal debate on both
02:28 sides um it was moved to rules which is
02:30 just is there anything wrong
02:32 functionally with the bill that needs to
02:34 be addressed before it goes to the
02:36 members for a vote and the speaker of
02:39 the house um speaker Burns decided that
02:42 he would put it into subcommittee in
02:44 rules so that there could be at least
02:46 some hearings where the sponsor of the
02:48 bill uh um uh John Kennedy from mon
02:52 who's an insurance defense lawyer who
02:54 who uh authored the bill he came in and
02:56 he presented and they got to Pepper him
02:58 with questions for several day uh a full
03:01 legislative day and based on his
03:03 responses the the speaker said let's go
03:06 ahead and appoint from this special
03:08 subcommittee an opportunity to hear from
03:10 the other side so they had insurance
03:12 people come in defense lawyers come in
03:14 and plainist lawyers and pl's clients
03:17 and so on the 6th well I guess the 5ifth
03:21 two days ago um there was a all day
03:24 hearing at the um at the House of
03:27 Representatives subcommittee for um this
03:30 b68 and we got to pitch our side one we
03:33 time so now where we are is have we
03:36 motivated the subcommittee to recommend
03:39 any amendments to
03:40 sp68 before it goes to the house to vote
03:43 and if we can get some amendments we can
03:46 improve the impact of this bill on the
03:49 consumers of Georgia if not and the bill
03:52 goes to the floor as is um it will be
03:55 voted on and that's our last chance and
03:58 so what we want to make sure that you're
04:01 your listeners here and understand is if
04:04 this is released and the vote happens
04:07 it's going to the governor for Signature
04:09 if it hasn't been voted on yet you still
04:11 have time to call your House of
04:12 Representatives representative at the
04:14 Georgia legislature and say don't do
04:16 this it's bad for us it's bad for
04:18 Georgians let's make them fix this bill
04:20 and vote no um and so where we are at
04:23 this current date is what they do is
04:26 called a whip which means count the
04:28 votes how many Republicans and how many
04:30 Democrats are going to vote with the
04:32 bill and against the bill and if we have
04:35 enough votes to beat the bill in the
04:37 house it won't pass and it won't become
04:39 law however if you do defeat the bill on
04:42 a whip in the house it can be brought
04:43 back for a second vote after it goes
04:45 back to committee so it doesn't mean
04:47 it's dead dead we got to get through uh
04:50 the legislative session which is called
04:52 siny die the the last day right and if
04:55 we get to SNY die nothing has been
04:57 passed Governor can't sign it so our
05:00 last Bastion of defense is beating it on
05:03 a what we call Floor fight if that
05:05 happens awesome there is no Tor for if
05:08 we lose I just got a politics lesson
05:11 yeah I was going to say Rob is as smart
05:13 as you are handsome oh God that means
05:15 we're both terrible yeah that's not a
05:16 good that's not a that's horrible that's
05:19 who wants to hear that yo but let me ask
05:20 you this Rob is do you know is there
05:22 anything specifically in the bill that
05:25 says that there will be savings passed
05:27 on to the consumer absolutely not and so
05:29 like how is is that not an issue that
05:31 was like how were they able to
05:32 circumvent that that's that's my
05:34 question money then how does that not
05:39 get more public I know that I'm I'm
05:41 asking you almost a rhetorical question
05:43 but why one insurance companies are
05:45 publicly traded companies anyone can
05:47 look up their financials and see what
05:49 the shareholder earnings are how the
05:51 stock prices are all in the green and
05:52 they continue to rise it's public
05:54 knowledge what each of these state
05:56 representatives have received from the
05:57 insurance industry in terms of dollars
06:01 why do you think what's going on how can
06:04 an entity like this get away these
06:06 lobbyists get away with convincing the
06:09 majority of Georgia Citizens that this
06:11 is actually consumer protection there's
06:13 always been like that kind of personal
06:14 injury stigma I think in this it's been
06:17 fueled historically by the insurance
06:19 lobbyists and uh you know it personal
06:23 injury is a bad thing until you need it
06:24 and there's a lot of people that are
06:26 significantly injured that are going to
06:28 be put in way worse positions
06:30 because now there's just all these
06:32 roadblocks that are going to be thrown
06:33 up that didn't exist before and and
06:35 really shouldn't exist because they're
06:37 again like Rob just said the benefit you
06:40 know consumer protection isn't even
06:42 addressed and so it's like this is just
06:45 another that you know the big bad Mighty
06:48 Insurance uh committee is able to to to
06:52 P push their weight around I would
06:54 say this is not a public interest issue
06:57 right like the word tort reform isn't
07:00 even something that your average citizen
07:03 who hasn't had something awful happen to
07:05 their family and needed to make a claim
07:07 ever experiences good point right and so
07:10 if we as trial lawyers who are trying to
07:14 build public uh opposition to this issue
07:18 are speaking into a universe in which
07:21 there's Elon Musk bought Twitter and
07:24 named it X and is ba basically live
07:27 streaming his thoughts all day and you
07:30 have Donald Trump that's you know on TV
07:33 talking about National issues that
07:35 everyone is all in a tither about get an
07:38 ordinary Georgia to think about whether
07:40 or not the price of their auto insurance
07:42 or business owners their cost of their
07:44 commercial liability insurance ordinary
07:47 people just don't care right and how did
07:49 that end up as like like the main agenda
07:52 on on our Governor's hit list I mean
07:56 that cuz I I'm with you I don't think
07:57 that that's something that I put that on
07:59 the uh priority list about as high as
08:01 the Gulf of
08:04 America right I I think to your point
08:07 that's that's the Crux of it right
08:08 because this isn't a public interest
08:10 issue it's not going to draw the needle
08:12 of a political back backlash Governor km
08:16 has one more full year in office before
08:19 his political career is effectively over
08:22 if he doesn't do something National
08:23 right he's been very popular in this
08:26 state and his decision on how to handle
08:29 Co bought him aot ofal political capital
08:32 and him backing up his state
08:33 representatives and his State appointees
08:36 during the 20120 election when Trump
08:40 lost Georgia and lost the election
08:42 bought him no love from the president
08:45 and so Kent is in a spot where he's not
08:47 going to get any love from the Trump
08:49 Administration when his career is over
08:51 and he's in a spot in which there's
08:53 nowhere else for him to do in Georgia
08:55 politics so what's he going to do is he
08:57 going to go fishing or is he going to do
08:58 something else he does have a lot of
08:60 political popularity but he needs a lot
09:02 of money and if there's a lot of money
09:04 to be had insurance is where you're
09:06 going to go and the Chamber of Commerce
09:09 which is on the national and local level
09:11 that has the interest of business
09:13 medical hospitals big business logging
09:17 Trucking uh Pharmaceuticals you name it
09:20 it's not just Insurance these people
09:22 don't want us to pop them when they
09:25 behave badly and it the best way that
09:28 people who want to speak truth to power
09:30 have still in our society is to swell
09:33 people sit in the box and say you did
09:35 wrong and you got to pay what it cost
09:38 and that's what keeps people honest it's
09:40 why we have seat belts it's why we have
09:41 airbags it's why we have crash avoidance
09:44 technology it's why we have rear
09:46 Collision controls every advance in
09:48 technology we have in safety comes from
09:50 trial lawyers and not from magnanimous
09:53 corporations and people don't know that
09:55 unless they get on the wrong end of a
09:58 negligent Act and so what we have here
10:01 is Governor km's been great to trial
10:03 lawyers for 7 and A2 years but we're
10:06 useless to them on a national stage and
10:08 so now he wants to do something and he
10:10 doesn't have the president so what's he
10:12 going to do he's going to go to who's
10:13 going to pay for his campaign and he's
10:16 looking at Senator oof and he's looking
10:18 at the United States Senate and he says
10:19 how am I going to get there he's going
10:21 to get there through the money he can
10:23 raise and they said that money is
10:25 unlimited if you stop people in Georgia
10:27 from kicking our ass in court and so so
10:29 he did it and that's where we're at that
10:32 is such an intelligent take and it makes
10:34 so much sense but what I'm wondering is
10:36 is it a moment in time where this
10:38 industry was ripe for it or is it so to
10:41 speak loow hanging fruit because of who
10:46 who trial lawyers are do we shoot
10:48 ourselves in the foot with attorney
10:51 advertising for example which I always
10:53 considered access to Justice what you
10:56 were talking about that only trial
10:57 lawyers can hold these corporations
11:00 accountable it's the only portion of law
11:04 where every citizen has access to
11:06 Justice they don't have to write a
11:09 retainer check to get a brilliant mind
11:13 like either of you to go and step into
11:17 Rob T I'm I'm really good at working
11:21 really hard and making no money so so to
11:25 to answer the question is if you look at
11:27 this bill it doesn't Target
11:30 the um race to the bottom jingle folks
11:34 right the the people who are trying to
11:37 to Advantage themselves on the very
11:39 highly condensed population of metro
11:42 Atlanta where there's more auto
11:44 accidents because of the the nature of
11:46 the of the population and the
11:48 configuration of our rways this bill
11:51 doesn't Target those cases it's
11:54 specifically targeted at Big verdicts
11:58 mhm their tires of us kicking their ass
12:01 and the crybaby John Kennedy senator
12:04 from mon who did this bill can't beat us
12:07 in court so he's asking for a
12:08 legislative get out of jail free card
12:11 but what's going to be sad for him is
12:13 that even when he gets these rules if he
12:15 gets them through we're still going to
12:17 kick his ass because our causes are
12:19 right and our arguments are better and
12:21 he can cry all he wants we're going to
12:23 win the cases again and he'll be back
12:25 looking for tort reform in 5 years cuz
12:27 he just isn't very good at his job I I
12:29 don't know about you guys but I don't
12:30 know many big verdicts that weren't
12:32 Justified I mean big verdicts are a
12:35 product of a significant uh you injury
12:39 or I mean they're Justified most likely
12:41 if the insurance company is uh caught
12:43 flat footed on that it's because they
12:45 didn't do right in the first place so
12:47 everybody gives the insurance company an
12:48 opportunity to do the right thing it's
12:50 just the insurance company you know they
12:52 they say that they're good neighbors and
12:54 uh you know they're in good hands but
12:56 that that's just not the reality so uh
12:59 but I I you know I've tried a bunch of
13:01 cases Rob I know you've tried a bunch of
13:02 cases have you ever gotten a big verdict
13:04 from an insignificant case no yeah it
13:07 doesn't happen that's the wildest thing
13:09 is the the premise of the entire setup
13:11 when they're when they're bringing out
13:12 these outlier nuclear verdict cases they
13:16 they don't actually review the facts or
13:19 present the facts as as how it was I
13:21 remember one that I actually came up on
13:23 the text thread uh I'm going to butcher
13:25 the fact pattern but it was uh presented
13:28 to uh the committee as if the insurance
13:32 company had offered $25 million and
13:33 plaintiff said no and they got 25
13:35 million where it was actually inverse
13:38 right the the plaintiffs were ready to
13:40 settle a two and a half an insurance
13:43 company told them to go kick rocks and
13:45 they went to to court and they got they
13:48 got hit and I think that that if you
13:50 take that threat of that nuclear verdict
13:53 away it it takes away any leverage
13:56 whatsoever to negotiate insurance
13:58 companies don't want to pay to begin
13:59 with yeah I mean using that example
14:01 specifically it's like they still didn't
14:03 do the right thing it took a jury to say
14:04 what it was right they had an
14:06 opportunity to sell far less than $25
14:08 million there wouldn't have been a
14:09 nuclear ver verdict there would have
14:11 been probably a fair settlement but the
14:13 jury thought it was worth way more than
14:16 even the plff lawyers did the way I'm
14:18 thinking about this right now Rob do you
14:20 think it's correct like if I what I just
14:22 said that tort reform is going to take
14:25 the ability of attorney plaintiffs trial
14:27 lawyers to not get those nuclear
14:29 verdicts is that something that's going
14:31 to happen so just for context
14:35 H Georgia is a a dixiecrat state we were
14:39 democrats for a hundred years mostly
14:43 because Abraham Lincoln was a republican
14:45 right and so even though the politics
14:47 might have been conservative our
14:49 politicians were
14:51 Democrats and um that changed around
14:55 2000 right and for the first time in
14:58 over 100 years the House of
14:60 Representatives and the governor and the
15:02 and the Senate were Republicans in 2005
15:06 and they were going to get even and they
15:09 passed s sp3 which was the first time we
15:11 had massive sweeping T Tor reform in
15:13 Georgia and that was the offer of
15:15 settlement statute it was caps on
15:17 Damages it was a porman of fall the were
15:21 these vehicles that were supposed to uh
15:25 constrain verdicts and to improve the
15:28 lives and fair of the judicial system
15:30 all these little buzzwords they use to
15:32 say we're going to save insurance
15:34 companies money and we're not going to
15:35 get beat in court anymore for our
15:37 wrongdoing it all passed and the Caps
15:40 was devastating but they were
15:42 unconstitutional so those got kicked and
15:45 then since then the offer of settlement
15:47 statute and the apportionment has been
15:49 more of a boon for plainist lawyers who
15:52 knew how to use them than the defense
15:54 bar who asked for them that's probably
15:57 going to be the exact same outcome here
15:59 they've asked for a whole bunch of stuff
16:01 that they think will help them win cases
16:03 but what they can't change is you did
16:06 wrong we proved it and then you lied
16:09 about it and you tried to hide the
16:11 evidence to PR prevent us from getting a
16:13 fair result for our client then the jury
16:15 hears it and what's the jury going to do
16:17 they're going to pop you punish yeah for
16:20 sure they're going to pop you every time
16:21 that ain't going to change and then and
16:23 that's what they hate but they'll keep
16:25 on trying to find ways to to stack the
16:28 deck and and the worst part of the stack
16:30 in the deck from this bill is they've
16:34 asked for mandatory bation on the motion
16:37 of any party which in short simple terms
16:40 is if you file a lawsuit you got to
16:44 prove somebody's at fault and you got
16:46 hurt as a result right what they want to
16:49 do is first you got to prove they're
16:50 fault and then you got to prove that you
16:52 were hurt and then if they did something
16:54 wrong and you want pive damages you got
16:56 to have a third phase of trial now
16:58 already we have
16:59 in our system if that's punitive damages
17:02 you got to approve your whole case first
17:05 and then if you win the jury decides
17:06 whether or not they believe the conduct
17:08 was egregious enough to go to the
17:09 punitive phase so so what they want to
17:11 do is add one more layer and what's
17:14 crazy about that is 90% of the cases
17:17 that get filed are simple negligence
17:20 automobile accidents where the defendant
17:22 was cited with the ticket and there's no
17:24 dispute as to who's at fault and it
17:27 means a jury trial on a car wreck can
17:29 take a day to two days right and you can
17:32 dispense Justice and a court can manage
17:34 their docket now all you got to say is
17:37 you got to prove that I I was at fault
17:40 and now a simple carreck case will take
17:42 a judge a whole week to try on something
17:45 that should take two days and it's a
17:47 waste of everybody's time and the only
17:48 reason they want that is because on big
17:51 cases they want to keep it all about the
17:54 conduct before you hear any evidence
17:56 about how they're paralyzed or how
17:59 they're dead or anything that's really
18:01 really egregious in the D so you know uh
18:04 in my cases uh the auto ones uh often
18:08 times they stipulate to liability you
18:10 think that that still will happen or you
18:11 think that that's something that's going
18:12 the way of the Buffalo well I think
18:14 what's going to happen is the judg is
18:15 going to be really really really C with
18:18 folks who play this system where if you
18:20 got a if you got a rear end collision
18:22 and you got sighted for a ticket and you
18:24 ask for bifurcation you don't have a
18:26 judge that's going to Grant anything you
18:28 want so I think that I mean if I'm on a
18:30 jury forget what the I mean not forget
18:32 what the judge does but if I'm on the
18:33 jury and I gotta like hear that the
18:36 plaintive is having to prove something
18:38 in which the defendant was cited and
18:40 it's clear-cut rear end collision and
18:42 they're fighting me on that by the time
18:44 we get to the the next phase I'm I'm
18:46 killing them I think that if if you're
18:49 practical on the defense side I think
18:50 nothing changes right um but what we've
18:53 asked for as a simple fix this is how
18:55 reasonable we're being down at the
18:56 legislature trying to get this bill into
18:58 somewhere where it's not un un
19:00 unreasonable and that is let the judge
19:03 decide upon motion of either party the
19:06 judge May bifurcate the trial not shall
19:10 just may and those words are important
19:12 in the statute if the judge has the
19:14 discretion and it's a product liability
19:17 law and you're saying that the uh
19:20 airbags didn't deploy in your car or the
19:23 roof crushed in your car let's determine
19:26 whether or not Ford or GM should have
19:29 known that that problem with the vehicle
19:31 was a problem that they did something
19:33 about before this plff got injured
19:36 before we talk about their injuries okay
19:38 the judge might say yes to that right um
19:41 but when you put shall do it it means
19:44 unscrupulous or um or opportunistic
19:48 defense lawyers will use this
19:50 opportunity to prolong trials stretch
19:53 out cases and prevent trial dates so
19:55 that they can make trials last longer
19:58 and it harder for plaintiffs to get just
20:00 makes just make it unduly burdensome M
20:03 let's pretend that that happens that
20:04 GTLA can't get the word shall to May
20:08 what do you think the Practical effect
20:10 on cost of litigation would be I think
20:12 for those big cases I mean you know the
20:14 the complex cases it goes up
20:16 exponentially but the reality is also I
20:19 mean they're fighting that phase anyway
20:22 I mean that so I don't know you know not
20:25 to dance around the question but if uh
20:27 Florida was talking about like how uh
20:30 they got hit with the all this tort
20:31 reform stuff and how devastating it was
20:33 going to be and I don't you know I don't
20:36 practice law in Florida but I haven't
20:38 seen any personal injury attorneys
20:39 running out of the state and I think
20:42 that it's just to me it's a it's going
20:44 to have to be a wait and see thing
20:45 because the cases don't change what we
20:47 have to do changes but you know I think
20:50 that the example you gave about like the
20:52 the offer of settlement statutes and the
20:54 I mean we didn't really know how that
20:56 was going to affect the cases until we
20:59 saw how it affected the cases and I
21:01 think that that's kind of where we're at
21:03 um I can't really see any defense
21:05 attorney changing a strategy on a on a
21:09 clear-cut liability case and and to
21:11 Brian's Point look I mean if you're
21:13 doing motor vehicle accident cases right
21:17 they ain't paying those lawyers that's
21:19 defending these things the kind of money
21:21 it takes to work up a really big trial
21:24 so they may not even get permission they
21:25 might be like you you can have whatever
21:27 strategy you want but you get three
21:30 grand to do it go go go do you you know
21:33 right and that'll curtail the behavior
21:35 so to your point and I think I actually
21:37 had a conversation with a lawyer down in
21:39 Florida about Tor reform and he said
21:41 that exact same thing he goes look it's
21:42 been two years everyone was all
21:45 histrionic about it and ring their hands
21:47 and Nash their teeth and nothing's
21:49 really materially changed from the
21:51 actual recoveries that we're getting and
21:55 the uh the justice that we're able to
21:58 obtain for our CL cents so you know we
22:00 we take that same um philosophy here
22:04 because we're not going to stop
22:05 representing injured people but what I
22:07 will say is we don't need it it does no
22:10 good it's just more uh stacking the de
22:15 BS yeah that's it that's it it's BS and
22:17 and again I you know hope that nobody
22:21 from the insurers company come get and
22:23 get me but but if it was if there was if
22:26 it was for the intended purpose of
22:28 consumer prote ction lowering your rates
22:31 that would be mentioned in the bill
22:33 somewhere we were so uh nabila Islam is
22:38 a senator from Gwynette and she actually
22:40 put an amendment to SP sp68 on the floor
22:43 before it was voted on to go to the to
22:45 the house that said we just need the
22:48 insurance companies in the statute to be
22:51 capped they can only float rates to a um
22:55 inflation based um uh uh rate increase
22:59 and that amendment was voted out sh Kel
23:04 Su yeah and the vote was 33 to 20 uh 4
23:09 26 I mean so they barely won and it was
23:11 partisan that's like the most that's
23:13 like the most common sense thing like
23:16 let's let's ensure that the benefit the
23:18 intended benefit is actually going to
23:20 reach the intended tar like like the
23:23 beneficiary yeah the beneficiary and if
23:25 you're watching the news you'll see that
23:27 the the new speaker of the house in
23:29 Florida has called to task because it's
23:32 become apparent that the insurance
23:35 companies were using their uh
23:38 manipulations of their profits and loss
23:40 statements to hide revenues and uh
23:44 information on claims to sell this big
23:47 verdicts are impacting rates and then
23:50 after the fact they filtered that money
23:52 through they've done great and that
23:55 nothing's materially changed and rates
23:57 aren't really changing and so now the
23:60 house is going back and saying let's
24:02 re-evaluate whether or not this tort
24:04 Reform Bill did what it was going to do
24:06 and should we make some fixes that fix
24:07 holes I've got my my law school roommate
24:11 and best bud I went to Florida State
24:15 he's down that's okay hey you know I
24:17 went to George's an underground let's
24:18 all be nice here um but I he he he's
24:22 down in South Florida and he does
24:23 personal injury protection so if you're
24:25 a chiropractor or a radiologist or
24:27 whatever um and there's an automobile
24:30 accident $10,000 off the top is no fault
24:33 to pay doctors for care right but if the
24:37 if the facility submits the bill to the
24:39 insurance company the the auto insurance
24:42 company to pay those bills and they
24:45 discount the bill based on the CPT code
24:47 and they do so outside of the parameters
24:50 of their rules you can sue them for
24:53 attorney's fees for not paying the full
24:54 Bill wait this is in Florida yeah it's
24:56 called pip yeah yeah I know pip yeah and
24:59 so he's been doing pip litigation for is
25:01 it under the guys of uh like a
25:03 non-medical professional making like
25:04 medical decisions is that what it is no
25:06 it's just simply I'm I'm a radiologist
25:09 and I charge $1,500 for an MRI I submit
25:13 my bill for reimbursement to Geico and
25:16 they say this wasn't medically
25:18 authorized so we're only going to pay
25:19 you $300 on it so the that that
25:22 $1,200 uh Delta is at play they can hire
25:26 a third party attorney to sue guy for
25:29 not paying their bill the radiologist
25:30 company right okay right so the so the
25:33 client of these lawyers the client of
25:35 these lawyers is the facility seeking to
25:38 be paid from the auto pip insurance but
25:41 what what's what's the cause of action
25:42 there why I breach a contract I see okay
25:46 under the personal injury protection
25:47 statute okay the Radiologists have
25:50 standing to bring suit against Geo they
25:53 have standing under the PIP statute
25:54 because they're supposed to be paid from
25:56 the PIP policy and you breach the
25:58 contract by not paying the full
25:59 reimbursement rate okay so that's a
26:01 whole that's a whole cottage industry
26:03 you want to go 50/50 going to Florida
26:05 well they well the the the Tor
26:08 reform the Tor Reform Bill erased it
26:10 it's gone they got they got rid of it
26:12 they got they got great Pi uh laws there
26:15 okay yeah so they so they got rid of pip
26:17 in this this Florida statute and looking
26:21 at it two years later the Florida
26:23 legislator is like we still have this
26:24 huge problem in processing claims and
26:27 paying but you've pulled this mechanism
26:29 for rep uh accountability out let's
26:32 re-evaluate it and let's reinstate it
26:34 and so now it's back up for debate and
26:36 and that's a Lobby thing too because all
26:37 the piters are like we want our jobs
26:39 back but like that's politics right and
26:42 that's what's going on here is down in
26:45 Florida they promised they were going to
26:46 lower premiums and reduce verdicts they
26:49 haven't reduced verdicts and they
26:50 haven't lowered premiums and Florida
26:52 legislators are like whoa whoa whoa did
26:54 we get what we bargain for um and that's
26:57 what we think could happen happen here
26:59 in Georgia you know what I don't want to
27:00 do what's that debate this
27:03 guy he's really smart he's really good
27:06 he was really good I just got
27:09 whiskey Brian Rob love you guys thank
27:12 you so much it was enlightening and I
27:15 know my mom's gonna get a lot out of
27:16 this episode and my wife nobody's
27:19 watching on my side oh actually I do
27:21 have one thing actually I do you want to
27:23 say uh so my girlfriend uh comes from a
27:26 very conservative family and when I when
27:29 I met her her opinion of personal injury
27:31 was probably that of many now she works
27:35 as my office manager and she sees the
27:38 good that we do and it has been really
27:40 cool to see like this opinion kind of go
27:43 from like it's done a 180 but she was
27:46 she was definitely one of the like that
27:49 I'm not saying she was Insurance she's a
27:50 licensed insurance agent but she was
27:52 like a program to think yeah this is bad
27:56 and I think that that's what the
27:57 insurance company's done
27:59 uh is they've programmed a lot of people
28:01 to say this is a disingenuous business
28:03 and these are disingenuous injuries and
28:06 she has seen that there hey maybe there
28:09 are some but there are a lot of people
28:11 that are I mean their lives are upended
28:13 from this yeah and and that's what we're
28:15 trying to do is we're trying to just you
28:17 know get them the justice that they
28:19 deserve because you can't roll back the
28:21 hands of time but you can try to get
28:23 them back to where they were yeah I mean
28:25 I think that's right Brian is that there
28:28 is it's not a perfect system there's no
28:30 way to
28:32 undo something awful right but we're
28:36 civil society and that's why it's a
28:38 civil justice system and the only remedy
28:41 that we have is money and that's why we
28:43 pay for insurance there's no other
28:45 reason for them to exist in order for
28:47 Commerce to happen in a society where
28:50 stuff can go wrong is for us to buy
28:52 insurance the whole point of insurance
28:54 is to pull risk and to reduce the cost
28:57 of doing business and being in a
29:00 condensed populated civilized society
29:03 and the fact that they actually take our
29:05 money and they hate us for asking them
29:07 to give some of it back it's
29:10 reprehensible but yet their job is to
29:13 increase profits and so they
29:16 can't reconcile why they exist with what
29:21 they have and that is their problem but
29:25 thankfully we're here to hold them
29:28 accountable
29:29 I love that yeah that was good that was
29:30 really good I I Echo what he just said I
29:32 didn't want to say thank you for having
29:34 me but uh yeah you guys are uh great
29:37 lawyers and great friends so this has
29:39 been a treat oh amazing yeah I'm just so
29:41 glad that you invited me and I I'm I'm
29:43 just hopeful it doesn't pass I wasn't
29:44 invited but I'm happy to be
29:47 here love you guys all right guys take
29:50 care

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