Who Pays for Car Accidents?

Who Pays for Car Accidents?
Author: Estate of Jerry J. Phillips
Publisher: Georgetown University Press
Total Pages: 146
Release: 2001-12-18
Genre: Political Science
ISBN: 9781589014848

In this new volume, two lawyers debate which kind of automobile insurance is the best, no-fault or tort liability. This book presents in one place all the legal, political, historical, and financial arguments about the two types of auto insurance. Under the fault system currently used by thirty-seven states, tort law provides that the party at fault in the accident pays the full damages of accident victims. Jerry J. Phillips favors this system, arguing that it allows for fair compensation to the injured and deters drivers from dangerous behavior on the road. Stephen Chippendale counters this claim with the argument that tort-law based insurance combines high cost and low benefits, and that those who truly profit from it are the lawyers representing injured clients, while their claims clog up the court system. A better solution, he proposes, would be "Auto Choice," a plan under which consumers would choose whether or not they wished to be eligible for damages from pain and suffering. With civility and respect, these two legal scholars present thoughtful and thorough arguments on both sides of the debate, giving readers a balanced view of an issue that affects nearly every American. It will be of particular value to those in the fields of law, policy, and insurance.

The U.S. Experience with No-Fault Automobile Insurance

The U.S. Experience with No-Fault Automobile Insurance
Author: James M. Anderson
Publisher: Rand Corporation
Total Pages: 191
Release: 2010-02-15
Genre: Business & Economics
ISBN: 0833049461

No-fault regimes, a formerly popular alternative to the tort compensation system for auto-accident victims, have gradually lost support. Over time, premiums and claim costs have grown in no-fault states relative to other states, primarily driven by explosive medical cost increases. No-fault and tort states have also converged across many domains affecting costs, including excess claiming, litigation patterns, and noneconomic-damage payments.

Who Pays for Car Accidents?

Who Pays for Car Accidents?
Author: Jerry J. Phillips
Publisher: Controversies in Public Policy Series
Total Pages: 129
Release: 2002
Genre: Law
ISBN: 9780878408870

In this new volume, two lawyers debate which kind of automobile insurance is the best, no-fault or tort liability. This book presents in one place all the legal, political, historical, and financial arguments about the two types of auto insurance. Under the fault system currently used by thirty-seven states, tort law provides that the party at fault in the accident pays the full damages of accident victims. Jerry J. Phillips favors this system, arguing that it allows for fair compensation to the injured and deters drivers from dangerous behavior on the road. Stephen Chippendale counters this claim with the argument that tort-law based insurance combines high cost and low benefits, and that those who truly profit from it are the lawyers representing injured clients, while their claims clog up the court system. A better solution, he proposes, would be "Auto Choice," a plan under which consumers would choose whether or not they wished to be eligible for damages from pain and suffering. With civility and respect, these two legal scholars present thoughtful and thorough arguments on both sides of the debate, giving readers a balanced view of an issue that affects nearly every American. It will be of particular value to those in the fields of law, policy, and insurance.

The Economics and Politics of Choice No-Fault Insurance

The Economics and Politics of Choice No-Fault Insurance
Author: Edward L. Jr. Lascher
Publisher: Springer Science & Business Media
Total Pages: 346
Release: 2012-12-06
Genre: Business & Economics
ISBN: 1461515416

In recent years, choice no-fault has emerged as a popular but controversial proposal for addressing the problem of high automobile insurance rates. Choice plans offer consumers the option of a lower-cost insurance policy with restrictions on filing lawsuits or a higher-cost policy with full tort rights. Some American states have implemented choice programs, and major federal choice legislation is now pending in the United States Congress. Choice no-fault has caught the attention of policy makers, the insurance industry, and academics. Until now, however, no single book has pulled together the available research on the topic. The Economics and Politics of Choice No-Fault Insurance fills that gap. Edited by scholars from different disciplines, each of whom has written extensively on automobile insurance issues, the book includes some of the best work in the area. Former Massachusetts Governor and presidential candidate Michael S. Dukakis wrote the foreword. Contributors include University of Virginia Law Professor Jeffrey O'Connell, widely considered the `father of no-fault,' as well as authors of the influential RAND study of the potential effects of choice no-fault on insurance rates. The book chapters, most of which were written especially for this volume, cover topics ranging from the impact of choice no-fault on accidents and driving behavior, to the effects of choice on medical care usage, to alternative approaches for resolving accidents involving both `no-fault' and `tort' electors, to the political feasibility of choice legislative proposals. Emphasis on the potential advantages of choice no-fault is balanced by consideration of possible ill effects.