The trusted source of unique, data-driven insights on insurance to inform and empower consumers. Insurance Information Institute

Social Inflation:Eating the ElephantIn the Room

“Social inflation” refers to rising litigation costs and their impact on insurers’ claim payouts, loss ratios and, ultimately, how much policyholders pay for coverage. It’s an important issue to understand because – while the tactics associated with it typically affect businesses perceived as having “deep pockets” – social inflation has implications for individuals and for businesses of all sizes.

The insurance lines most affected are commercial auto, professional liability, product liability, and directors and officers liability. There also is evidence that private-passenger car insurance is beginning to be affected. As increased litigation costs drive up premiums, those increases tend to be passed along to consumers and can stifle investment in innovation that could create jobs and otherwise benefit the economy.

For more on this, see: Social Inflation: Evidence and Impact on Property-Casualty Insurance by the Insurance Research Council (IRC).]

Much of what is discussed and published on the topic has been more anecdotal than data based. Reliably quantifying social inflation for rating and reserving purposes is hard because it’s just one of many factors pressuring pricing. We’ve found that the most meaningful way to think about social inflation and its components is to compare their impact on claims losses over time with growth in inflation measures like the Consumer Price Index (CPI).

Litigation Funding

It’s been said that the best way to eat an elephant is “one bite at a time.” Because of the diversity and complexity of social inflation’s causes and effects, we’re launching a series of blog posts dedicated to each one in turn. The first set of posts will look closely at litigation funding: the practice of third parties financing lawsuits in exchange for a share of any funds the plaintiffs might receive.

Litigation funding was once widely prohibited, but as bans have been eroded in recent decades, the practice has grown, spread, and become a contributor to social inflation.

[See: Litigation Funding Rises as Common-Law Bans Are Eroded by Courts on the Triple-I Blog]                                                                                                  

Litigation funding seemed a good place to begin this series because it’s a distinct legal strategy with a clear history that doesn’t involve a lot of the sociological subtleties inherent in other aspects of social inflation. We’ll look the emergence of the practice, how it came to the United States from abroad, and track its evolution with that of social inflation. We’ll also discuss the current state of litigation finance, along with ethical concerns that have been raised around it within the legal community.

This series will be led by IRC Vice President David Corum with support from our partners at The Institutes and input from our members, as well as experts beyond the insurance industry. As befits any discussion of a complex topic, we look forward to your reactions and insights.

More from the Triple-I Blog

What is social inflation? What can insurers do about it? (January 25, 2021)

Litigation funding rises as common-law bans are eroded by courts (December 29, 2020)

Lawyers’ group approves best practices to guide litigation funding (August 19, 2020)

Social inflation and COVID-19 (July 6, 2020)

IRC study: Social inflation is real, and it hurts consumers, businesses (June 2, 2020)

Florida dropped from 2020 “Judicial Hellholes” list (January 14, 2020)

Florida’s AOB crisis: A social-inflation microcosm (November 8, 2019)

Unethical Contractors Emerge After Disasters; Know How to Avoid Them

Natural disasters create opportunities for unethical contractors, and consumers need to be on the alert.

Post-disaster repair scams typically start when a contractor makes an unsolicited visit to a homeowner and pressures the homeowner to pay the contractor their insurance claim money – then disappear without doing the work.

Triple-I is teaming up with the National Insurance Crime Bureau (NICB) during the NICB’s Contractor Fraud Awareness Week (July 12-16) to educate the public about such frauds and how to avoid them.

Before hiring any contractor, consumers affected by a natural disaster should call their insurer. There’s no need to rush into an agreement. Homeowners should inspect all work and make sure they are satisfied before paying. Most contractors will require a reasonable down payment, but no payments should be made until a written contract is in place.

The NICB offers these tips to homeowners before hiring a contractor:

  • Be wary of anyone knocking on your door offering unsolicited repairs to your home. 
  • Be suspicious of any contractor who rushes you or says the government endorses them.
  • Shop around for a contractor by getting recommendations from people you trust.
  • Get three written estimates for the work and compare bids.
  • Check a contractor’s credentials with the Better Business Bureau.
  • Always ask for a written contract that clearly states everything the contractor will do.
  • Never sign a contract with blank spaces because it could be altered afterward.
  • Never pay for work up front and avoid paying with cash; use either a check or credit card.

The NICB Post-Disaster Contractor Search Checklist explains the contractor hiring process step by step.  Anyone with information concerning insurance fraud or vehicle theft can report it anonymously by calling toll-free 800-TEL-NICB (800-835-6422) or submitting a form to the NICB.

“Acting as communities’ financial first responders, insurers rebuild damaged homes, cars, and lives after a natural disaster,” said Triple-I CEO Sean Kevelighan.  “The Insurance Information Institute is proud to join forces with the NICB to educate consumers and communities about how to best prepare and recover economically.”

“Victims of disasters are under tremendous stress as they are often pulled from their homes, fight heavy traffic attempting to get to safety, all while leaving their home and belongings behind,” said NICB President and CEO David Glawe. “When they go home, they are exhausted and strained, a time when they are most susceptible to these fraudulent schemes.”

RELATED LINKS:

Article: Insurance Fraud

Facts & Statistics: Insurance Fraud

New Perils Ariseas Air Travel Resumes

Among the many things we’ve missed since the start of the pandemic, travel has been one of the most notable. Whether for business, to visit distant family members, or just get away from our now-too-familiar surroundings, many of us have been keenly anticipating a return to air travel.

Flying is among the safest activities people can engage in (see infographic). But new concerns are being raised about risks emerging in a post-COVID-19 world.

The risks highlighted in a recent report from Allianz Global Corporate & Specialty (AGCS) include “rusty” pilots, “air rage”, new aircraft, and even insect infestations.

The industry is slowly rebounding, and AGCS notes that the airline teams have stepped up to ensure that air travel remained safe, despite layoffs, financial struggles, and the pressures attending an overnight shift to remote working.

“But as more aircraft return to the skies,” the report says, “there has been much discussion about the hazards that may arise from such an unprecedented period, as well as some of the changes the sector will see.”

Earlier this year it was reported that dozens of pilots had notified the Aviation Safety Reporting System about making mistakes after climbing back into the cockpit. Operated by NASA, the Federal Aviation Administration (FAA) watchdog system enables pilots and crew members to anonymously report mechanical glitches and human errors.

“Many of the pilots cited ‘rustiness’ as a reason for the incidents after returning to the skies following months of lockdown,” AGCS reports. “While there have been no reported incidents of out‑of‑practice pilots causing accidents injuring passengers, mistakes reported included: forgetting to disengage the parking brake on takeoff, taking three attempts to land the plane on a windy day, choosing the wrong runway, and forgetting to turn on the anti‑icing mechanism that prevents the altitude and airspeed sensors from freezing.”

Condition of aircraft

At the peak of the first wave of the crisis, airlines parked around two thirds of the total global fleet. More than a year later, many are still mothballed.

“This unprecedented situation has resulted in a host of new challenges,” AGCS writes. “Loss exposures do not just disappear when airplanes are parked.”

Rather, the risks and their costs change. AGCS cites fears of damage among grounded aircraft during thunderstorms in Texas that pelted the region with golf ball‑sized hail.

Aircraft are large and tricky to maneuver on the ground, and ground incidents can result in costly claims. When operators transferred fleets from the runways to storage facilities at the start of the pandemic there were a number of collisions. It would not be surprising, therefore, to see more such incidents as planes are moved in preparation for reuse.

The European Union Aviation Safety Agency has reported  “an alarming trend…of unreliable speed and altitude indications” related to accumulations of foreign objects, such as insect nests in areas of aircraft that provide flight-critical air data information.

“This has led to a number of rejected take-off and in-flight turn back events,” the agency reports.

On the other hand, as many airlines have retired larger aircraft earlier than planned due to COVID-19, there will be many newer planes on the runways and in the air, which presents its own challenges from an insurance coverage perspective. As we’ve written previously, more modern planes are more expensive to repair or replace when there is an incident, leading to more expensive claims.

Air rage on the rise

In May 2021, an attendant on a Southwest Airlines flight attendant had two teeth knocked out after an altercation with a passenger over wearing a mask – the latest in a spate of highly publicized incidents that moved the FAA to issue a warning about a spike in unruly or dangerous behavior. More recently, an American Airlines flight to the Bahamas was canceled when some among a group of high school students refused to wear masks.

In a typical year in the United States, there tend to be no more than 150 reports of serious onboard disruption, the AGCS report says – but by June 2021 that number had already reached about 3,000, including about 2,300 involving passengers who refused to comply with the federal mandate to wear a mask while traveling.

Few COVID-19 claims

The aviation industry has seen few claims directly related to the pandemic to date, AGCS says, also noting a decline in slip-and-fall and lost-baggage claims at airports because of the reduced number of passengers during the pandemic. Such claims are expected to return to more typical levels as people resume traveling, and insurers will need to be mindful of new hazards that could affect claims experience.

Long-Term ConsiderationsFrom Condo Collapse

The insurer for the Champlain Towers South condo association has said it will make an up-front payment to resolve damage claims related to the 12-story beachfront property in the Miami  suburb of  Surfside, Fla., that collapsed on June 24, 2021.

“We want to make it known that James River Insurance Company has made the decision to voluntarily tender its entire limit from the enclosed policy towards attempting to resolve all the claims in this matter,” the insurer’s attorney wrote to the judge handling a class-action lawsuit seeking millions of dollars in damages from the association.

Since the collapse last week, four residents or their families have filed lawsuits against the association. Many more suits are expected in the coming months, and litigation could take years as investigators work to determine what caused the collapse. The first court hearing was held yesterday, and a Miami-Dade Circuit judge acknowledged that the building’s $48 million in total insurance coverage likely won’t be enough.

In all, the court heard, the condo association’s master policy has $30 million in property coverage and $18 million in liability coverage. The condo association has agreed to hand over financial decision making to a court-appointed “receiver.”

Seeking survivors as storm nears

With investigators still working to find and rescue survivors and Hurricane Elsa – the first of the 2021 Atlantic hurricane season and earliest “E-named” storm on record – heading toward Florida, the situation remains fluid. This week, dozens of units at a Central Florida condominium complex near Disney World were deemed unsafe after an inspection found the walkways leading to the units were at risk of collapsing, according to an Osceola County spokesperson.  Residents were advised to enter the buildings containing the units at their own risk, the spokesperson said, adding that county staff were offering residents assistance with temporary housing.

Increased attention to the condition of older high-rise buildings in South Florida and across the U.S. in the wake of the Champlain Towers collapse could lead to a rise in claims for loss-of-use coverage. In addition, many businesses in the vicinity of the collapse have been made inaccessible during the rescue operation, which could lead to business interruption claims.

Spotlight on building codes

Furthermore, this event could lead to a review of building codes and inspection practices nationwide. South Florida’s building codes are among the nation’s strongest – designed to keep residents safe from hurricanes. The state implemented mandatory codes after Category 5 Hurricane Andrew ripped homes from their foundations and left 65 dead in Homestead in 1992, and some counties – particularly in South Florida – have added more stringent requirements.

But after last week’s collapse, IBHS chief engineer Anne Cope said, “This is a moment like Katrina and Andrew, where we are going to learn something and make changes.”

Many of the region’s buildings – including  Champlain Towers South – were built before 1992 as part of a South Florida condo boom. Those buildings are subject to codes that were in place at the time of their construction, and are only required to undergo local county inspections every 40 years – such as the 2018 review of the Surfside condo in which an engineer raised red flags that the building was beginning to address but didn’t warn of imminent disaster.

A FEMA study last year said implementation of modern building codes could save states and localities billions of dollars.

Independence Day Summer Fun Also Carries Risks

By Loretta Worters, Vice President, Media Relations, Triple-I

Independence Day is associated with fireworks displays, barbeques, and poolside parties, yet even summer fun carries risks.

Here are four summertime liability risks you should be aware of and recommendations on what you can do to protect yourself:

FIREWORKS: Fireworks may be a Fourth of July tradition, but they can also cause either injuries or fires. More than one of every four (28 percent) fireworks-caused fires nationwide each year occur on the Fourth of July, according to the National Fire Protection Association (NFPA.) In recognition of Fireworks Safety Awareness Week (June 28-July 4), the Triple-I encourages everyone to follow federal fireworks laws and local fireworks laws

GRILLS: About four out of five (79 percent) grilling fires involve gas grills, according to the U.S. Fire Administration (USFA). Patios, terraces, and screened-in porches are the leading home locations for grill fires, the USFA has found. The NFPA reports an average of 8,900 home fires are started by grills each year, with numbers peaking during the month of July. Grill-related fires can damage your house, outdoor possessions and structures and cause injuries to guests. The latter could result in a lawsuit.

POOLS: Drowning is the leading cause of unintentional death among children aged one to four years old and, between 2016 and 2018, 83 percent of these tragedies occurred at residential pools, according to the U.S. Consumer Product Safety Commission reported. In addition, non-fatal pool and diving board accidents can leave victims with long-term health issues.

ALCOHOL: Social host liability laws vary widely but 40-plus states have them on the books. Most of these laws offer an injured person a method to sue the person who served them alcohol while on their premises. Criminal charges may also apply under some social host liability laws.

Any of these scenarios pose a liability risk, so homeowners are advised to review their insurance policies to understand their policy’s liability limits. A liability limit of at least $300,000 is often a cost-effective step to take in consultation with an insurance professional.

In addition, consider adding an umbrella liability policy, which provides liability protection over and above current coverage. 

Declarations of Pride: Ricardo Lara, California Insurance Commissioner

By Scott Holeman, Media Relations Director, Triple-I

California Insurance Commissioner Ricardo Lara made state history by becoming the first openly gay official elected to statewide office. During our Declarations of Pride series, he shared his unique journey with Triple-I, by discussing his entry into politics, views on how the insurance industry is supporting the LGBTQ+ community and what Pride Month means to him.

Lara says important steps are being made by the insurance industry to advance LGBTQ+ rights.

Lara says #Pridemonth is an important time to honor LGBTQ+ civil rights pioneers, but also for understanding obligations that remain in the fight for equality.

Extreme Weather’s Seasonal Severity Impacts Rates, Regardless of Inflation, Price Gouging

Losses from the winter storm that swept through the southern United States earlier this year continue to loom large among the concerns of property and casualty insurers, even as the nation contends with wildfires and anticipates yet another above-average hurricane season.

“On its own, Uri would not necessarily impact premium rates,” says Dr. Michel Léonard, CBE, Triple-I vice president and senior economist. “What matters is the overall severity of extreme weather events during a calendar year or a specific peril season.”

Dr. Léonard reports that current expectations among weather experts of higher-than-average hurricane and wildfire seasons – in addition to Uri – will likely contribute to increases in property insurance rates in 2021, “before and regardless of inflation.”

“Traditionally, actuarial models keep natural catastrophe losses and inflation separate and combine them in the last stage of rate estimates,” Léonard says. 

Three 2021 trends, he says, add up to put upward significant pressure on insurance rates for 2022:

  • Combined 2021 natural catastrophe losses from winter storms, hurricanes, and wildfires expected to be above annual averages;
  • Overall inflation in the U.S. currently forecast to be between 4% and 6% for 2021, the highest in a decade; and
  • Industry-specific inflation above the national average for construction materials and labor due to COVID-19 supply-chain disruptions.

“There are a few situations in which extreme weather events directly contribute to replacement cost increases, which, in turn, impact rates,” Léonard says. “But ‘price gouging’ – such as happened after Uri – shouldn’t be confused with inflation. It’s temporary, while inflation almost always endures.”

Dear California:As You Prep for Wildfire, Don’t Neglect Quake Risk

It’s important for people living in earthquake-prone areas to remember that standard homeowners and renters insurance don’t cover most earthquake damage.

For this reason, Janet Ruiz, Triple-I’s California-based director of strategic communication, advises people in the state to consider buying a policy that, at a minimum, covers the structure, building code upgrades, and emergency repairs.

“You can also get coverage for additional living expenses and personal property, and some companies even cover damaged swimming pools or masonry veneer,” Ruiz writes in a recent Op-Ed in The San Diego Union-Tribune.

As the South Napa and Ridgecrest earthquakes – in 2014 and 2019, respectively – recede from memory and wildfire readiness and resilience seem the more immediate need, Ruiz reminds Californians that even relatively mild tremors can inflict costly damage. She therefore encourages residents to reduce their risk through education, mitigation, and insurance.

There are a number of earthquake insurance providers in California. Many participate in the California Earthquake Authority (CEA), but some non-CEA insurers also provide options to help protect Californians from financial loss.

“CEA offers premium discounts to policyholders who have retrofitted, or strengthened, their older homes to help them better withstand shaking,” Ruiz writes.

In a separate Op-Ed, CEA CEO Glenn Pomeroy advises on retro-fitting older homes to be more quake resistant and resilient. Older homes – especially those built before 1980 – are more susceptible to earthquake damage because they predate modern seismic building codes. According to U.S. Census data, more than 53 percent of the housing units in San Diego County fall into that category of being built before 1980 and could be in need of retrofitting.

Seismic retrofitting can be straightforward and often not as expensive as homeowners might think. Depending on the type of retrofit needed, the work can usually be done in a couple of days, with costs ranging from $3,000 to $7,000.

“Compared to the potential cost of repairing an earthquake-damaged home,” Pomeroy writes, “spending a smaller amount of money to help prevent damage can help avoid a much bigger repair bill after an earthquake. Whatever the cost, it is a relatively small price to pay to protect the value of your home and, more importantly, make it safer for your family.”

Particularly important as the need for pandemic social distancing continues, Pomeroy points out, “Homeowners can remain inside their dwelling as workers do the job without entering the residence.”

Insurance Careers Corner: Q&A with Sunil Rawat, Co-Founder and CEO of Omniscience

By Marielle Rodriguez, Social Media and Brand Design Coordinator, Triple-I

Sunil Rawat

Triple-I’s “Insurance Careers Corner” series was created to highlight trailblazers in insurance and to spread awareness of the career opportunities within the industry.

This month we interviewed Sunil Rawat, Co-Founder and CEO of Omniscience, a Silicon Valley-based AI startup that specializes in Computational Insurance. Omniscience uses five “mega-services” that comprise of underwriting automation, customer intelligence, claims optimization, risk optimization, and actuarial guidance to help insurance companies improve their decision-making and achieve greater success.

We spoke with Rawat to discuss his technical background, the role of Omniscience technology in measuring and assessing risk, and the potential flaws in underwriting automation.

Tell me about your interest in building your business. What led you to your current position and what inspired you to found your company?

I’m from the technology industry. I worked for Hewlett Packard for about 11 years, and hp.com grew about 100,000% during my tenure there. Then I helped Nokia build out what is now known as Here Maps, which in turn powers, Bing Maps, Yahoo Maps, Garmin, Mercedes, Land Rover, Amazon, and other mapping systems.

I met my co-founder, Manu Shukla, several years ago. He’s more of the mad scientist, applied mathematician. He wrote the predictive caching engine in the Oracle database, the user profiling system for AOL, and the recommender system for Comcast. For Deloitte Financial Advisory Services, he wrote the text mining system used in the Lehman Brothers probe, the Deepwater Horizon probe and in the recent Volkswagen emissions scandal. He’s the ‘distributed algorithms guy’, and I’m the ‘distributed systems guy’. We’re both deeply technical and we’ve got this ability to do compute at a very high scale.

We see an increasing complexity in the world, whether it’s demographic, social, ecological, political, technological, or geopolitical. Decision-making has become much more complex. Where human lives are at stake, or where large amounts of money are at stake on each individual decision, each individual decision’s accuracy must be extremely high. That’s where we can leverage our compute, taken from our learnings over the last 20 years, and bring it to the insurance domain. That’s why we founded the company — to solve these complex risk management problems. We’re really focused on computational finance, and more specifically, computational insurance.

What is Omniscience’s overall mission?

It’s to become the company that leaders go to when they want to solve complex problems. It’s about empowering leaders in financial services to improve risk selection through hyperscale computation.

What are your main products and services and what role does Omniscience technology play?

One of our core products is underwriting automation. We like to solve intractable problems. When we look at underwriting, we think about facultative underwriting for life insurance where you need human underwriters. The decision-making heuristic is so complex. Consider somebody who’s a 25-year-old nonsmoker asking for a 10-year term policy of $50,000 — it’s kind of a no-brainer and you can give them that policy. On the other hand, if they were asking for $50 million, you’re certainly going to ask for a blood test, a psychological exam, a keratin hair test, and everything in between. You need humans to make these decisions. We managed to take that problem and use our technology to digitize it. If you take a few hundred data fields, and a few 100,000 cases to build an AI model, it quickly becomes completely intractable from a compute standpoint. That’s where we can use our technology to look at all the data in all its facets — we automate and use all of it.

Once you’ve got an AI underwriter’s brain in software, you think from the customer intelligence standpoint. You’ve got all this rich transaction data from your customers to pre-underwrite, qualify, and recommend them for different products. We’ve also built a great capability in the data acquisition area. For workers comp and general liability, we have the data that improves the agent experience. We can also correctly classify any NAICS codes and can help with claims avoidance and finding hidden risk. We’ve also got a great OCR capability. In terms of digitization of text, we can take complex tabular data and digitize it without any human in the loop. We’re able to do this worldwide, even in complex Asian languages. We also do a lot of work in asset and liability management and can do calculations that historically have been done in a very low-powered, inaccurate manner. We can run these calculations daily or weekly, vs annually, which makes a big difference for insurance companies.

We also work in wildfire risk. A lot of wildfire spread models look at a ZIP+4 or a zip code level, and they take about four hours to predict one hour of wildfire spread, so about 96 hours to predict one day of wildfire spread at a zip code level. In California, where I am, we had lots of wildfires last year. When you double the density of the grid, the computation goes up 8x. What we were able to do is improve and look at the grid at 30 meters square, almost at an individual property size. You can individually look at the risk of the houses. At a 30-meter level, we can do one hour of wildfire propagation in 10 seconds, basically one day in about four minutes.

Are there any potential flaws in relying too much on automation technology that omits the human element?

Absolutely. The problem with AI systems is they may generally be only as good as the data that they’re built on. The number one thing is that because we can look at all the data and all its facets, we can get to 90+ percent accuracy on each individual decision. You also need explainability. It’s not like an underwriter decides in a snap and then justifies the decision. What you need from a regulatory or an auditability standpoint is that you must document a decision as you go through the decision-making process.

If you’re building a model off historical data, how do you make sure that certain groups don’t get biased again? You need bias testing. Explainability, transparency, scalability, adjustability — these are all very important. From a change management, risk management standpoint, you have the AI make the decision, and then you’ll have a human review. After you’ve done that process for some months, you can introduce this in a very risk-managed way. Every AI should also state its confidence in its decision. It’s very easy to decide, but you also must be able to state your confidence number and humans must always pay attention to that confidence number.

What is traditional insurance lacking in terms of technology and innovation? How is your technology transforming insurance?

Insurers know their domain better than any insurtech can ever know their domain. In some ways, insurance is the original data science. Insurers are very brilliant people, but they don’t have experience with software engineering and scale computing. The first instinct is to look at open-source tools or buy some tools from vendors to build their own models. That doesn’t work because the methods are so different. It’s kind of like saying, “I’m not going to buy Microsoft Windows, I’m going to write my own Microsoft Windows”, but that’s not their core business. They should use their Microsoft Windows to run Excel to build actuarial models, but you wouldn’t try to write your own programs.

We are good at system programming and scale computing because we’re from a tech background. I wouldn’t be so arrogant to think that we know as much about insurance as any insurance company, but it’s through that marriage of domain expertise in insurance and domain expertise in compute that leaders in the field can leapfrog their competitors.

Are there any current projects you’re currently working on and any trends you see in big data that you’re excited about?

Underwriting and digitization, cat management, and wildfire risk is exciting, and some work that we’re doing in ALM calculations. When regulators are asking you to show that you have enough assets to meet your liabilities for the next 60 years on a nested quarterly basis, that becomes very complex. That’s where our whole mega-services come in — if you can tie all together your underwriting, claims, and capital management, then you can become much better at selection, and you can decide how much risk you want to take in a very dynamic way, as opposed to a very static way.

The other things we’re excited about is asset management. We are doing some interesting work with a very large insurer. What we’ve been able to do is boost returns through various strategies. That’s another area we’re excited about — growing quite rapidly in the next year.

What your goals are for 2021 and beyond?

It’s about helping insurers develop this multi-decade compounding advantage through better selection, and we’re just going to continue to execute. We’ve got a lot of IP and technology developed, and we’ve got pilot customers in various geographies that have used our technology. We’ve got the proof points and the case studies, and now we’re just doubling down on growing our business, whether it’s with the same customers we have or going into more product lines. We are focused on serving those customers and signing on a few more customers in the three areas where we are active, which is Japan, Hong Kong, China, and North America. We are focused on methodically executing on our plan.

Studies: Car Crashes Rise as Recreational Cannabis Becomes Legal in States

Connecticut this week became the latest state to legalize recreational use of marijuana, and more are expected to follow.

The increased marijuana use that accompanies legalization has raised concerns about road safety.

Researchers at Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI) since 2014 have been examining how legalization has affected crash rates and insurance claims, and evidence is emerging that crash rates go up when states legalize recreational use and retail sales of marijuana.

The most recent of these studies, released on June 17 by the IIHS, shows that injury and fatal crash rates in California, Colorado, Nevada, Oregon, and Washington jumped in the months following relaxation of marijuana laws in each state. The five states experienced a 6 percent increase in injury crash rates and a 4 percent increase in fatal crash rates, compared with other Western states where recreational marijuana use was illegal during the study period.

Only the increase in injury crash rates was statistically significant.

“Our latest research makes it clear that legalizing marijuana for recreational use does increase overall crash rates,” says IIHS-HLDI President David Harkey. “That’s obviously something policymakers and safety professionals will need to address as more states move to liberalize their laws — even if the way marijuana affects crash risk for individual drivers remains uncertain.”

Insurance records show a similar increase in claims under collision coverage, which pays for damage to an at-fault, insured driver’s own vehicle, according to HLDI’s latest analysis. The legalization of retail sales in Colorado, Nevada, Oregon, and Washington was associated with a 4 percent increase in collision claim frequency compared with the other Western states from 2012 to 2019. That’s down slightly from the 6 percent increase HLDI identified in a previous study, which covered 2012  to 2018.

While the evidence that crash rates have increased in states that legalized marijuana is mounting, it appears that further study is needed to determine whether marijuana use alone is responsible. Preliminary data suggests people who use alcohol and marijuana together are accountable for most of the crashes.

Another factor may be that marijuana users in counties that do not allow retail sales are driving to counties that do. The increased travel could lead to more crashes, even if their crash risk per mile traveled is no higher than that of other drivers.

Latest research and analysis