Create the same standard for awarding attorney fees in auto accident lawsuits

The no-fault law’s provisions awarding attorney fees is unequal and slanted against insurers. For example, an insured may be awarded attorney fees if the insurance company “unreasonably” denies or delays in paying the claim. A delay or denial is presumed to be unreasonable if the bill isn’t paid within 30 days. On the other hand, an insurer is only eligible for attorney fees if the claims made by the insured are so excessive as to constitute fraud. Instead, policymakers should make clear that the same standard — “unreasonable” — used for both insurers and the insured when determining who can be awarded attorney fees. Equalizing attorney fees in this fashion will go a long way towards reducing the number of PIP lawsuits.