When we gave up the trusty horse for the horsepower of the Model T, our grandfathers had an epiphany. They foresaw we could drive faster in machines that would injure and kill people. They were believers in the idea of financial responsibility: that if you break something you’re responsible for fixing it. That’s how the law of tort works, giving courts the power to order bad drivers to pay compensation to everyone they hurt. Except few people have the cash lying around necessary to pay these awards. So our wise forebears decided all drivers should carry enough insurance to pay the medical costs or, in the worst cases, the funeral expenses for those injured in collisions. When you look back at these early laws, they were all pitched at the high end of the scale. This ensured there was almost always enough available without the insured having to find any additional money from savings.

Unfortunately, very few states have reviewed these early minimum amounts. Inflation has therefore reduced them to a fraction of their real value. The result is most people with the minimum liability cover are underinsured. In some cases, this makes no difference because these drivers have no savings or assets. There’s nothing for them to lose. But an accident can come as a bad shock to home owners who suddenly find their pay garnished or their house sold (where there’s positive equity). Courts enforce their judgments when there’s cash to be found. This should come as a warning to everyone who currently drives with only the minimum. How lucky are you feeling?

But, in some states, the mandate goes a little further. In twelve states, we have no-fault insurance in which everyone insures their own vehicles and, in most cases, their own medical expenses. This should be the better approach because, instead of drivers fighting over who was to blame for an accident, everyone involved just claims on their own insurance policies. This doesn’t help passengers or the folk brave enough to be on the sidewalk – they don’t carry insurance. The normal law of tort allows them to claim from the drivers. But in the other countries where no-fault is used, the premium rates are low. Only in our great country do you find the no-fault states tend to be more expensive. One of the reasons for this strange outcome is the generosity of the law-makers. Take Michigan as an example. To guarantee there will always be enough money to pay the medical costs, the amounts claimable are uncapped. Yes, that’s right. There’s no limit to the amount that can be claimed. In today’s climate of high healthcare costs, this is a good thing except when the treatment is expensive and the need is for long-term care. Suddenly, you’re talking millions. The current batch of law-makers are now proposing to cap the mandatory auto insurance. So here’s the decision in simple terms for you. If you’re badly injured in Michigan, you can have the best treatment for as long as it takes. If the law-makers cap the amount, you can get the best of treatment until the money runs out. When you get the next set of auto insurance quotes think about whether you are covered for medical expenses.