June 19, 2023
Failure to Heed Auto Insurance Consumers: The need to Include Consumer and Rehabilitation Representation in the TAC Auto Insurance Reform Committee

The Auto Insurance Advocacy Committee (AIAC) is a diverse group of health, legal, and other professionals alongside auto insurance consumers and survivors, committed to advocating for justice and fairness in the auto insurance industry.

Attention has been drawn to the Financial Services Regulatory Authority (FSRA) regarding several auto insurance issues in Ontario, leading to the formation of this group.

There are several concerns that the AIAC has addressed and has formally written to the FSRA, the Premier and the Minister of Finance in hopes of finding a solution.  The concerns include the following:

1.  The FSRA’s recent formation of the Technical Advisory Committee (TAC) for Transforming Auto Insurance Regulation which is completely comprised of members of insurance companies.

FSRA’s statement issued in May indicated “the committee’s mandate includes evaluating consumer benefits and harms related to policy issues, such as fairness …and transparency.” These goals will not be achievable without consumer and rehabilitation professional representation and constituency on the TAC to “provide expert advice to advance FSRA’s auto insurance reform strategy, which aims to make the Ontario system fairer … helping consumers make better and more informed decisions”.

2.  The Professional Services Guidelines and the prescribed rates for treatment providers have remained static since 2013.

It is unsettling to note that while the cost of providing care has increased dramatically over the past decade, the reimbursement rates have not followed suit. This imbalance, in essence, creates a subsidy for insurance companies at the cost of healthcare providers. Treatment also gets downloaded onto OHIP, accessing an already overburdened healthcare system.  FSRA’s apparent inaction in this matter is, frankly, an abdication of its duty to oversee a balanced and healthy sector.

3.  In the wake of the Malitskiy v. Unica decision, certain insurers have introduced blanket policies that limit payments for attendant care.

This has left many severely injured individuals without vital support, a situation which we believe FSRA should have acted swiftly to address. Its lack of intervention is troubling and shows a concerning disregard for the well-being of accident victims.

The AIAC believes that a regulatory body, such as the FSRA, should function as a balanced and fair overseer, providing an equal platform for all stakeholders. Its recent actions, however, suggest a concerning tilt in favor of insurance companies. This one-sidedness does not promote a healthy, fair, or balanced insurance sector.

Further to contacting the FSRA, Premier and Minister of Finance, the AIAC has prepared a Petition for the Legislative Assembly of Ontario addressing these concerns.

If these issues resonate with you, you can sign the petition here


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