5.a 3 Article re Fire ChargesIt came in the mail less than a month after Darline Fairchild watched her
family's home go up in flames -- a bill for the nearly $28,000 it cost the fire
department to extinguish the blaze.
"I felt my body turn cold and I just broke out into a sweat," Fairchild told
ABCNews.com. "It was awful. I said, 'It's got to be a mistake."'
But it wasn't a mistake. The Fairchilds, of New Castle, Ind., were just one of a
growing number of fire and accident victims across the country who are being
billed for fire department services once funded solely through axpayer money.
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Already banned in several states, the practice of charging to respond to house fires and
car accidents -- dubbed a "crash tax" or an "accident tax" -- has horrified victims and
earned the ire of insurance lobbyist, who say their member companies are being
targeted to make up for budget shortfalls.
"Part of the sales tactic when municipalities consider this is, 'Hey, don't worry,
it's going to go to insurance,"' Jon Zarich, director of government affairs for the
Insurance Institute of Indiana, told ABCNews.com. "But it's the homeowner
that's responsible once coverage runs out."
The Fairchilds' bill for $27,989.12 was itemized with hourly rates for the use of
fire trucks, hoses and the firefighters' time, even a case of drinking water for
firefighters who got thirsty. The total for five hours of fire personnel on the
scene totaled more than $8,500. The use of the fire trucks cost more than
$12,300.
Fairchild, who was shuttling her family between hotels when the bill arrived,
said she immeidately contacted her insurance company, which was similarly
shocked.
"She said, 'That's what taxes are for,"' Fairchild quoted the flabbergasted
insurance employe as saying. The insurance company has since taken over
the bill and the Fairchilds do not know if it was ever resolved.
"I don't know what's going to happen," she said. "I'm not paying it, I know
that."
Insurance Companies Fight Back Against Third -Party Vendors
Zarich said his organization is familiar with the billing company that sent out
the Fairchilds' bill. Most municipalities and fire districts across the country that
have turned to these types of service charges contract with billing companies
who then take a cut of the collections.
But Emergency Services Billing Corporation, Zarich charged, has been
grossly inflating charges on behalf of their clients. In the last 18 months, the
institute's member companies have reporting seeing their average fire service
charges go from $300 to $400 to between $2,000 and $5,000, Zarich said.
Indiana's state fire marshal lists appropriate service charges as up to $250 for
a vehicle response and up to $150 for each hour of assistance, but Zarich
said ESBC's estimates are almost always higher. ESBC's Web site doesn't list
specific rates, but advertises it's own rate policy based on charges for every
15 minutes a fire department's equipment and personnel are on scene, with
the fees taking an emergency responder's rank into consideration.
ESBC spokesman Rob Blackford confirmed to ABCNews.com that his
company ignores the state recommendation, saying the federal
Comprehensive Environmental Response, Compensation, and Liability Act, or
CERCLA, allows fire departments to charge what they see fit in exchange for
mitigating the environmental impact of an accident or fire.
"I don't care what the fire marshal says at all," Blackford said. "The insurance
companies owe this."
He confirmed that the Fairchilds' insurance company was refusing to pay the
$28,000 bill and that ESBC would be pursuing the charges in court.
"Every time you have one of these fires, it's an environmental disaster,"
Blackford said. "Should we make the person who is responsible for the
problem pay or should we raise your taxes and my taxes?"
He, instead, blamed insurance companies that collect premiums from their
customers, then refuse to pay when called upon.
"I think that's criminal. It's embezzlement," Blackford said. "They're taking the
premiums and not paying the claims."
Blackford said his company would never go after homeowners if their
insurance company refused to pay, but Zarich said they've heard an
increasing number of horror stories about accident and fire victims being
harrassed for payment.
Zarich said the Insurance Institution of Indiana would like to see the
government crack down on ESBC, but has also been lobbying for an
eradication of this practice in general.
"You don't want to be thinking can you afford it when your house is on fire," he
said.
Florida became the most recent state last year to ban such fees for
emergency services. Seven other states, including Arkansas, Oklahoma and
Tennessee, have some sort of law banning accident fees. Indiana banned
police response fees in 2008, but the law did not include provisions for fire
departments.
Angela and Ralph Piper certainly weren't expecting a bill when their 2 -and -a -
half -year-old dream house in Bryan, Texas, burst into flames over the summer
after being hit by lightning.
The couple was able to grab their photo albums and rush out of the house
with their three sons, but firefighters could do nothing to save the home, which
Angela Piper said burned for more than seven hours.
Their house a total loss, the family had moved into an apartment at a nearby
Christian boys' ranch when they got the bill two weeks ago for $14,650.
Fire, Accident Victims in Shock After Hefty Bills Arrive
"We were so shocked to get the bill," Piper said. They immediately called the
fire chief to make sure it was real and found out that they had indeed been
charged per truck, per minute.
"One truck, it was there 461 minutes and that charge was $3,841," Piper said.
"We don't have any way to know if the charge was low or high or accurate."
The fire chief, Piper said, was understanding and eventually had their bill
dismissed. But the Pipers said they want people to know that these types of
charges are being levied and most people don't know about it. Fire
department service charges, she said, will now be built into their insurance
policy.
"We would have found the money," she said. "It was never as much about the
money, but that we had received a bill for something we didn't know we could
get billed for."
John Villeneuve wasn't as understanding when he got slapped with a $395 bil
for a small brush fire outside his home, caused by neighborhood kids setting
off Fourth of July fireworks.
A neighbor called 911 as he doused the flames with a garden hose. Even
though the neighbor told the dispatcher the fire was out, a fireman in his
personal vehicle stopped by to make sure, and Villenueve was billed three
weeks later for the cost of the 13 volunteer firefighters that responded to the
station and one fire truck, even though they never went to his house.
Villeneuve said he fought the bill with the township of Bellevue and the fire
board. He was able to get the charge for the fire truck taken off, but was stuck
with the remaining $195 tab and was threatened with collections when he
refused to pay.
He gave in, saying, "$195 isn't much to fight for. Not even to get to a lawyer
for. They called me disgruntled and everything."
So a few days before Christmas, Villeneuve paid his bill in person -- in
pennies, all 117 pounds of them.
He wondered why departments that operate on a volunteer basis are allowed
to charge at all.
"A volunteer is a volunteer. That kind of makes me scratch my head a little bit
on that," he said.
Fire Department Chief: 'We Are Trying to Do the Right Thing'
While many of the departments that have hired billling companies to collect on
their newly imposed fees are volunteer, it's a measure many professional
departments are turning to as well and not just for house fires.
Sam Sorich, president of the Association of California Insurance Companies,
said most of the new service charges he's seeing in his state are for car
accident fees.
"We've seen quite a bit of activity in California," he said, estimating up to 60
municipalities and fire districts in the state now bill for services once deemed
to be free. Most have programs that charge drivers if they are insured,
assuming their policies will cover it, and waive the fee if the drivers are
uninsured, which infuriates the insurance companies.
"It seems very unfair," Sorich said. "First of all, we think the whole process is
unfair, but this is particularly unfair."
The Association of California Insurance Companies -- which runs the
opposition Web site CalCrashTax.com -- lobbied for a bill to ban fire service
charges last year, but the bill fell apart before it went to a vote.
"We believe these services should be paid by taxes," he said. "This is
government service."
Dale Henson, chief of the Decatur Township Fire Department in Indiana, said
taxes just aren't enough anymore to provide the services people expect.
Last year, his department decided to start charging $750 for extrications after
car accidents. The department also had to borrow money to cover it's $1.3
million budget shortfall.
"Is it right or wrong? I don't see a problem with it," Henson said. "They're
putting caps on taxes and all that, but yet we still have budget we've got to
meet."
For Henson, the extra fees are not pouring in. Despite being dispatched for 41
extrications, his department collected just $1,100 in service charges for car
accidents and house fires. The department hired a billing company, but
Henson admitted he hadn't followed up to see why more money wasn't
coming in.
"People want the same service, but we're not getting the same revenue," he
said. "So we've got to get creative.
"I feel we are trying to do the right thing," Henson said. "We are not trying to
just take more money from taxpayers."