The Day

40 countries agree cars must have automatic braking Women pay more than men for auto insurance

- By JAMEY KEATEN By ELAINE S. POVICH

Geneva — Forty countries led by Japan and the European Union — but not the U.S. or China — have agreed to require new cars and light commercial vehicles to be equipped with automated braking systems starting as soon as next year, a U.N. agency said Tuesday.

The regulation will require all vehicles sold to come equipped with the technology by which sensors monitor how close a pedestrian or object might be. The system can trigger the brakes automatica­lly if a collision is deemed imminent and if the driver doesn’t appear set to respond in time.

The measure will apply to vehicles at “low speeds”: 42 mph or less, and only affects new cars sold in the markets of signatory countries — so vehicle owners won’t be required to retrofit their cars and trucks already on the roads today.

The regulation will start taking effect next year first in Japan, where 4 million cars and light commercial vehicles were sold in 2018, said Jean Rodriguez, the spokesman for the agency, called United Nations Economic Commission for Europe, or UNECE. The European Union, and some of its closest neighbors, is expected to follow suit in 2022.

The United States, China and India are members of the U.N. forum that adopted the new regulation­s. However, they did not take part in the negotiatio­ns because they want to ensure that their national regulation­s keep precedence over U.N. rules when it comes to the auto industry.

UNECE says the countries that agreed to the deal want to be more pro-active in fighting roadway accidents, particular­ly in urban settings where obstacles like pedestrian­s, scooters, bicycles and other cars in close proximity abound. The agency pointed to more than 9,500 roadway deaths in the EU in 2016, and EU Commission estimates that the braking systems could help save over 1,000 lives a year in the bloc.

Apparently wary that the regulation­s might be seen as a step toward giving artificial intelligen­ce precedence over humans, the drafters put in clear language in their resolution: A driver can take control and override these automated braking systems at any time, such as through “a steering action or an accelerato­r kick-down.”

UNECE says the new rules build on existing U.N. rules on the braking system for trucks and buses, mainly for safety in higher-speed motorway conditions.

It’s a widespread belief that men pay more for automobile insurance than women. But that’s only true for young adults.

Several studies in 2018 and 2017 revealed that women over 25, particular­ly those between 40 and 60, often pay more than men — not less — for auto insurance, all other rating criteria being equal. Now, California has become the latest in a handful of states that have outlawed setting rates for automobile insurance based on gender.

As one of his last acts before leaving office at the end of 2018, former California Insurance Commission­er Dave Jones issued regulation­s prohibitin­g the use of gender in individual automobile insurance ratings in California, effective Jan. 1.

California is the first state in decades to take the step, joining states including Massachuse­tts, Michigan, Montana, North Carolina and Pennsylvan­ia, most of which passed their laws in the 1970s and 1980s in the wake of the women’s rights movement.

In an interview, Jones said it’s fair for insurance companies to set premiums based on a driver’s accident history, number of speeding tickets and other factors that are under the driver’s control. But using gender is unfair because a person has no control over that, he said.

“An internal analysis by the department concluded auto insurers in California were all over the map with regard to how they handled gender as a rating factor,” Jones said. “In some cases, women were paying more and some less than similarly situated men. There was no consistenc­y.”

Why? The insurance industry won’t give many reasons.

Several insurance companies contacted by Stateline, including Geico, Farmers and Progressiv­e, refused to comment for this story or to explain what factors they consider in setting rates, including gender.

A spokesman for Farmers referred inquiries to a trade group, the Insurance Informatio­n Institute.

Janet Ruiz, the group’s spokeswoma­n who is based in California, said auto insurers in the state use many criteria in setting rates, and prior to the new regulation, gender was a “minor” one. She predicted there would not be a big difference in rates for men or women because gender “doesn’t have much weight in the pricing overall,” adding that rates might go up or down by about $25 a year.

Ruiz said she disagreed with a 2017 analysis by the Consumer Federation of America showing women nationwide often are charged more, but she could not provide numbers that would counter the report. Another industry trade group suggested that banning gender discrimina­tion could hurt competitiv­e pricing.

“The auto insurance marketplac­e is highly competitiv­e,” said Maggie Seidel, vice president of public affairs for the American Property Casualty Insurance Associatio­n. “When you eliminate rating factors it cuts back on choices that consumers and insurers may want.”

In comments presented to the California Department of Insurance, the state chapter of the American Property Casualty Insurance Associatio­n argued that gender rating has been used for nearly 30 years in the state and is “based on actuariall­y sound principles” and “gender statistics.” For example, men drive more miles than women, and teenage male drivers present higher risks than teenage female drivers.

“We are concerned that this proposed change would limit carriers’ ability to price the insurance risk accurately, causing some consumers to have to start paying higher rates than they would otherwise,” the group said in a written response to the new rules.

But a professor at University of Minnesota Law School, Daniel Schwarcz, said if companies are not allowed to use “outdated stereotype­s based on generaliti­es” about men and women, the insurers will have to consider “more directly” such measures as the actual number of miles driven, the number of years customers have been driving and where they live.

Insurance companies have until June 30 to submit new ratings plans, with the gender factor eliminated, for approval by the California Department of Insurance, now headed by Ricardo Lara.

Several studies have documented that women often pay more for automobile insurance than men, in addition to the one by the California Department of Insurance, including studies by the Consumer Federation of America, Texas Appleseed and the Michigan Coalition Protecting Auto No-Fault.

According to the 2017 Consumer Federation study, 40- and 60-yearold women with perfect driving records were charged more than men for basic coverage nearly twice as often as men were charged the higher rate. Even when looking at young drivers, a time when men have more accidents, premiums were lower for women only some of the time, the study found.

The study also polled U.S. drivers. Forty-eight percent said they thought men pay at least as much as women for automobile insurance. Only 23 percent said they thought women pay more than men.

The 2018 study by Texas Appleseed, a public interest organizati­on, found that women in Texas paid $56 more a year, on average, than men for auto insurance that satisfies the minimum required by law. Single and divorced women paid an even higher premium: $80 more a year, on average, than similarly situated men.

The Consumer Federation’s Douglas Heller, an insurance expert who worked with the group on the studies, said teenage male drivers usually pay more or about the same as teenage girls. But as they grow older, the women start to pay more, he said, in some cases much more.

Heller said his study found that nationwide, many women were paying hundreds of dollars more in premiums and “in several cases, they were paying $500 more for no reason other than they marked the ‘F’ under gender. That was stunning to us.”

California’s new insurance commission­er, Lara, acknowledg­ed that some drivers might see their rates change as a result of the anti-discrimina­tion policy, especially new drivers.

“But those changes even out as you gain more driving experience,” he said in an email. “With approximat­ely 170 companies licensed to sell private passenger auto insurance here, there will be a lot of variation and choice for drivers.”

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