Looking for a new experience? Get in a traffic accident near Roseville, Upland, Forest Hill, Loomis, Pinole or Nevada City -- to mention just a few -- and you may be in for a big surprise.
Strapped for money and facing deeper cuts from city
and county governments, some local districts across
California are pushing a novel approach to get cash: Send a bill to at-fault drivers for the costs of handling car crashes
– but only if those drivers come from outside the area.
“It’s basically developing into a way of taxing foreigners,” said Jeff Fuller, vice president and general counsel
of the Association of California Insurance Companies.
Insurers, who presumably will wind up footing the bill,
oppose the idea, which appears to be getting some traction
in the state as well as nationally.
Foes call the levy an unfair “accident tax” and the equivalent of a speed trap.
But a number of communities, led by their fire districts,
already have approved the fine as a way of recouping
funds that otherwise would be lost. They say the fine
is a “user fee” that is not intended to expand local budgets but is
one way of replenishing funds that already have been
spent.
“It is not a revenue generator. We are trying to recover
costs for the fire departments. It is revenue neutral.
If a person gets into an at-fault accident, the insurance companies raise their
rates. That’s a fair system. It’s a lot fairer than a fire department having to consider
reducing the level of services or, more importantly,
the timeliness of services,” said Rick Benner, chief operating officer of Fire
Recovery in Roseville, a billing company.
The fee, pegged to the cost of providing the services,
exists in several other states, including Florida,
where legislation has been introduced to eliminate
it.
It’s so new in California that few statistics are readily
available.
But apparently it ranges from $500 to $2,000 per accident, by one estimate, and about 80 percent of the fees are near the $500 level.
The tax is not levied on those who live within the
local jurisdiction, because those people already pay
taxes for police, fire and other protection. Rather,
the fee is imposed on those who live outside the area
and only those who are deemed at fault in the accident.
“So if you are driving through Fresno and somebody who
lives in the district runs into you, you’ve got to pay, just because you are from outside the
district. The irony here is that Roseville, for example,
wants everybody to come in and spend money at Thunder
Valley (a casino near Rocklin),” Fuller said.
Fresno's fire protection district is considering the fee,
which local officials say would save the area $550,000 annually in service costs.
Led by local fire districts, some communities straddling
highways with heavy pass-through
traffic – Roseville on Interstate 80 or Nevada City on Highway 49, for example – have already approved or are nearing approval of crash
fees. Others are considering establishing them.
At least 10 California towns or fire districts have adopted some
version of the fee or are nearing approval, according
to Modesto Fire Chief James Miguel, who has reviewed
the promotional material from at least one billing
company.
They are Pinole, Forest Hill Fire Protection District,
the town of Penryn, Pioneer Fire Protection District,
Nevada County Consolidated Fire District, the City
of Upland, the town of Montezuma east of Stockton,
Kirkwood, Loomis Fire Protection District, Newcastle
and Nevada City.
Numerous others, including Los Angeles, San Diego,
Oakland, Sacramento, Orange, Palm Springs, Ontario
and Riverside, are considering it. “Every major city in the state is considering it,” Benner said.
Miguel said his people have been researching the issue
at the behest of his City Council but have not made
a final decision. The issue first arose a month ago.
“Our discussions have revolved around all vehicle accidents,
not just the out of town drivers. We have considered
just billing insurance companies, because it is something
insurance companies will pay,” Miguel said.
Simple on its face, the issue is fraught with complexity.
If blame is a factor in the setting the crash fee,
who determines blame? Is it a tax or a fee? If it is
a tax, do voters have the right to decide the issue?
Should it be pegged to the cost of cleaning up a crash
or should it be a flat rate? If it is pegged to the
cost of the crash, will local jurisdictions send out
more equipment than necessary to handle the incident,
then bill accordingly? Is this another version of a
“speed trap,” or is it a reasonable way for strapped locals to recover
their costs? Should motorists who pay taxes in other
districts be charged for events, just because they
occur somewhere else? In determining the cost of cleaning
up an accident, should out-of-towners be singled out?
Ultimately, is this an unintended consequence of Proposition
13, the tax-cutting measure that cut tax revenues and, by extension,
local services?
“This is Prop. 13 coming home to roost. Where is local government now
supposed to get the money to operate its services?” Fuller said.
Leading the push for the fee are the local fire departments,
whose personnel and equipment are on the line and who
already can charge for drug- or alcohol-linked crashes or spills of hazardous materials. The
strongest opposition has come from people who view
the fee as unfair.
Nationally, an Indiana-based company called Emergency Services Billing Corp.
is advocating for the fee, which it promotes as a sound
method for local governments to recover money that
otherwise would be lost. The fee, or tax, helps “local taxpaying citizens of your district by returning
money from parties involved in vehicular accidents,
which are burdening your entire tax base when your
tax base is not responsible for their negligence.” The billing company, meanwhile, would receive a percentage
of the fee for handling the billing and paperwork.
“Keep in mind, every response your department makes
lessens the value, safety and life expectancy of your
equipment—not including money spent on fuel/maintenance costs,” ESBC says on its Web site. “Our services allow you to bill for any auto or trucking
response for which your department responds. This payment
for your services is typically covered by the insured’s auto insurance policy. By not billing, your services
will go unpaid, forcing your community to continually
subsidize accidents they did not cause.”
In California, insurers are waiting to see if the Legislature
will step in, as it has in Florida. And if so, how?
“It’s not a slam dunk,” Fuller said.
