Tort Reform : Evolution of the Automobile Accident Compensation System PDF Download
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Author: Gregory Schmid
Publisher:
ISBN:
Category : Liability for traffic accidents
Languages : en
Pages : 198
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Book Description
Author: Gregory Schmid
Publisher:
ISBN:
Category : Liability for traffic accidents
Languages : en
Pages : 198
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Book Description
Author: Lindsey Cowen
Publisher:
ISBN:
Category : Liability for traffic accidents
Languages : en
Pages : 104
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Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 104
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Book Description
Author: Estate of Jerry J. Phillips
Publisher: Georgetown University Press
ISBN: 9781589014848
Category : Political Science
Languages : en
Pages : 146
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Book Description
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.
Author: James M. Anderson
Publisher: Rand Corporation
ISBN: 083304916X
Category : Business & Economics
Languages : en
Pages : 191
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Book Description
"No-fault automobile-insurance regimes were the culmination of decades of dissatisfaction with the use of the traditional tort system for compensating victims of automobile accidents. They promised quicker, fairer, less-contentious, and, it was hoped, less-expensive resolution of automobile-accident injuries. This monograph considers how these plans have fared. After reviewing the intellectual and political history of no-fault auto insurance, the monograph concludes that no-fault lost political popularity because of the perception that it did not deliver the promised consumer premium cost reductions. Analysis of data from a variety of sources confirms this view, demonstrating that premiums and claim costs have become substantially larger in no-fault states than in other states over time. These cost increases can be traced to a variety of factors, including growth in excess claiming in no-fault states and convergence between no-fault and tort states in litigation patterns and noneconomic-damage payments. However, the primary driver of no-fault's cost growth has been high medical costs. The extent to which these additional costs represent augmented utilization of medical services rather than cost shifting from the medical insurance system to the automobile insurance system remains unclear." --Back cover.
Author: United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Commerce and Finance
Publisher:
ISBN:
Category : Automobile insurance
Languages : en
Pages : 164
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Book Description
Author: United States. Department of Transportation. Automobile Insurance and Compensation Study
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 194
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Author: J. T. H. Johnson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248
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Book Description
Our Liability Predicament is a non-political and non-polemical discussion of our present-day liability system and its problems. It concludes that the culprit has been the gradual devolution of American tort law to the point where it actually encourages litigation, greed, and revenge, as opposed to the proclaimed aim of law as a method of settling disputes amicably, expeditiously and fairly. The book is divided into six sections; the first of which is devoted to the basic facts of tort law, how it evolved, and how it began to differ from the tort systems of other nations. The next section discusses the basic flaws and merits of the system, and concludes that the flaws considerably outweigh the merits. The third section discusses the need for basic reforms, particularly in incentives, cost, and complexity. The fourth section considers specific problems, with emphasis on automobile liability and professional malpractice. The fifth section discusses the divergent points of view regarding the tort system in the literature, as well as various proposals for reform, and the final section gives a short summary and conclusion.
Author: Mark Rahdert
Publisher: Temple University Press
ISBN: 1566392330
Category : Business & Economics
Languages : en
Pages : 263
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Book Description
Over the past century, tort law and insurance have developed deeply intertwined legal and economic roots. Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, how much they claim, who provides the defense, how the case gets litigated, the dynamics of the settlement, and how much plaintiffs ultimately recover. But to what extent should liability rules be influenced by insurance? In this study, Mark Rahdert identifies the leading arguments both in favor of and against what he terms the "insurance rationale"—the idea that tort law should be structured to facilitate victim access to assured compensation. The insurance rationale has been a leading force in the development of product liability law and, as a component of accident compensation, has significantly influenced pro-plaintiff advances in principal areas of tort law. However, the insurance rationale is also the source of great controversy. Critics charge that liability rules deliberately set to maximize plaintiffs' access to insurance funds have corrupted the system, causing insurance costs to spiral upward uncontrollably. Considering the strengths and weaknesses of both sides of the current debate, Rahdert develops a modified version of the insurance rationale that can become a tool for evaluating future tort reform proposals.
Author: Don Dewees
Publisher: Oxford University Press on Demand
ISBN: 0195087976
Category : History
Languages : en
Pages : 465
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Book Description
This work reviews empirical evidence relating to five major categories of accidents; automobile accidents; medical malpractice; product related accidents; environmental injuries; and workplace injuries. The authors also offer recommendations for revisions in the tort system.
