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Senate passes uninsured motorist bill

March 03, 2010 @ 12:00 AM

CHARLESTON -- The West Virginia Senate passed a bill Tuesday that its backers said could save West Virginia drivers money on auto insurance.

Senate Bill 394 authorizes the Division of Motor Vehicles to engage in an electronic program that would allow law enforcement to immediately verify proof of insurance.

Current West Virginia law relies on the insurance companies to notify the DMV, which in turn notifies the West Virginia State Police.

Sen. John Unger, D-Berkeley, said state troopers are supposed to find the uninsured vehicle and take off the license plate. But he said state troopers don't have the time or resources to do so.

He also said the lack of communication between the DMV and insurance companies makes it easy for drivers to get around the law.

"Right now, a driver can go get insurance, then get a two-year tag from the DMV, and go back and cancel their insurance," Unger said. "They could drive around for two years without insurance and not get caught unless they were in an accident."

The new law, if passed by the House, would require insurance companies authorized to write policies in West Virginia to submit insurance verification to the DMV. The DMV, Unger said, would then create a database that could be accessed electronically by law officers.

Unger said officers could verify insurance coverage quickly during a traffic stop or by simply running the license plate number.

The end results of the legislation, he said, would be fewer motorists on the road without insurance and eventually lower auto insurance premiums. Unger said the current lack of enforcement results in premium with higher uninsured motorists costs.

About 40 other states have systems in place similar to what's required in the new legislation, Unger said, including West Virginia's border states -- Ohio, Kentucky, Virginia, Maryland and Pennsylvania.

In those states, drivers are paying less for coverage. According to 2008 DMV information Unger gave in the Senate, a six-month premium for a Huntington resident is higher than a resident of Ironton for more than a dozen companies. Premiums for an Ashland resident are more likely to be higher than Huntington, though the difference isn't as expansive.

All State, for example is about twice as much in Huntington than Ironton and about 25 percent more expensive than in Ashland.

Geico is more expensive in Ashland, but still twice as much in Huntington than in Ironton.

Unger said it will take some time, but he said the state's insurance commissioner would be charged with following up with insurance companies to show that West Virginia has a new law on the books which is being enforced.

"(The legislation) doesn't mean lower rates," Unger said. "But the pressure would be on the companies to lower the rates."