A group of personal injury lawyers in the province is asking the Newfoundland and Labrador Supreme Court to order a postponement of the Public Utilities Board (PUB) automobile insurance review hearings, the first of which is scheduled for June 4.
In a news release, the group stated the process is being rushed and does not ensure procedural fairness.
“Our group represents thousands of victims and virtually all consumers who could fall victim to a car accident through no fault of their own,” said lawyer Valerie Hynes, a member of the Campaign to Protect Accident Victims.
“We fully support and are committed to the PUB review of insurance in Newfoundland and Labrador, but believe the current timeframe is completely inadequate to ensure a proper analysis.”
Last month the PUB announced it had completed its study into Newfoundland and Labrador’s automobile insurance industry.
Last July the provincial government provided the terms of reference to the PUB to conduct public consultations, as well as two independent closed claims studies: one on the rising costs of automobile insurance claims, and a second specifically focused on claims related to taxi operators.
The provincial government has also launched a public consultation process aimed to complement the PUB’s industry review. Citizens can complete a questionnaire at EngageNL.ca or share feedback via email to [email protected] The consultation period ends May 31.
Service NL Minister Sherry Gambin-Walsh has said the review was launched to help modernize the automobile insurance system in an effort to provide greater benefits and better value for the residents of the province.
Insurance rates have steadily increased over the 12 years since the last review of the province’s insurance industry. Any changes would be introduced in the House of Assembly this fall.
The lawyers group states, however, that while the hearings were first announced in the summer of 2017, most of the relevant reports have just been released for analysis and other important data is still not available from the PUB.
The group also states that while the hearing start date is June 4, subsequent dates are not confirmed and will not be confirmed until after May 23.
“Given the extensive review that was requested and the analysis the PUB agreed to provide, it will be virtually impossible to complete a thorough analysis, conduct research and provide recommendations for important public policy decisions by June 30,” the group stated. “It is our position that it is unfair to the innocent victims and, indeed, all of the citizens of the province, to proceed this way and impose an unrealistic and unnecessary deadline on the PUB.
“This review is a critical piece of work that stands to benefit all Newfoundlanders and Labradorians if it is done properly. We maintain that given the data that is still unavailable, the lack of clarity of hearing dates and the PUB maintaining they will report to government by June 30 following hearings that only start on June 4, (this) impairs our right and opportunity to fully and meaningfully participate in the review process and is prejudicial to all Newfoundlanders and Labradorians.”
