Who Pays for Car Accidents?: The Fault versus No-Fault Insurance Debate

Predný obal
Georgetown University Press, 18. 12. 2001 - 144 strán (strany)

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.

 

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Autorské práva

Časté výrazy a frázy

add-on adoption American amount attorneys auto insurance auto liability auto-tort automobile accidents automobile insurance average award bodily injury claims Bruce claimants collateral source rule contingency fees corrective justice courts coverage DeFrances deterrent effect Economic Committee 1998 economic loss election fault insurance fault system federal first-party fraud increase insurance companies insurance costs insurance premiums insurance rates Insurance Research Council insurance system Jerry Joint Economic Committee Joost jury Justice Keeton and O'Connell Law Review lawsuits liability insurance litigation Litras lost wages low-income drivers medical bills medical expenses motorists negligence no-fault auto insurance no-fault insurance no-fault plans no-fault system noneconomic damages pain and suffering pain-and-suffering payments percent personal injury personal-injury Phillips plaintiff proposal Proposition 103 provides recovery Rosenfield 1998 settlement subrogation switchers tort claims tort law tort liability Tort Reform tort system tortfeasor Trebilcock 1996 trial lawyers U.S. Department verbal threshold verdict workers York

Populárne pasáže

Strana 8 - Multiply the same duties and hazards by any number of other operators in the immediate vicinity; add the duties and hazards of highway maintenance, passengers, pedestrians, and adjacent landowners, the conduct of any one or more of whom may impose upon all operators in close proximity duties and hazards requiring instant and perhaps unerring judgment and action. Add further the hazards of climatic conditions; the imperfections of the human being in sight, judgment, muscular reaction, health, strength,...‎
Vyskytuje sa v 6 knihe (-ách) od 1965-2002
Strana 8 - ... inaccurate one. The evidence given in personal injury cases usually consists of highly contradictory statements from the two sides, estimating such factors as time, speed, distance and visibility, offered months after the event by witnesses who were never very sure just what happened when they saw it, and whose faulty memories are undermined by lapse of time, by bias, by conversations with others and by the subtle influence of counsel. Upon such evidence, a jury of twelve inexperienced citizens,...‎
Vyskytuje sa v 16 knihe (-ách) od 1958-2002
Strana 8 - Add further the hazards of climatic conditions; the imperfections of the human being in sight, judgment, muscular reaction, health, strength, and experience. Bring any combination of these duties and hazards into focus on a collision at high speed at a particular point of time and place. Who can name all the factors involved in causing the collision? Who can know or discover or describe the conduct of the parties involved ? Who in retrospect from the tangled fragments of evidence given by the participants...‎
Vyskytuje sa v 7 knihe (-ách) od 1965-2002
Strana 8 - The operator must observe the operation of other vehicles, front and rear and to the sides — those he is meeting, those that pass, and those that may cross his path. He must observe road signs, stop signs, cautions, traffic lines, light signals and those of traffic officers. He must observe his speed and he must watch for signals of other motorists and give proper signals himself.‎
Vyskytuje sa v 7 knihe (-ách) od 1965-2002

O tomto autorovi (2001)

Jerry J. Phillips is W.P. Toms Professor of Law and Walter W. Bussart Distinguished Professor of Tort Law at the University of Tennessee College of Law.

Stephen Chippendale is an associate at the law firm of Cadwalader, Wickersham & Taft in Washington, D.C., and served as Deputy General Counsel to Sen. John McCain's presidential campaign.

Bibliografické informácie

NázovWho Pays for Car Accidents?: The Fault versus No-Fault Insurance Debate
Controversies in Public Policy series
AutoriEstate of Jerry J. Phillips, Stephen Chippendale
VydavateľGeorgetown University Press, 2001
Kód ISBN1589014847, 9781589014848
Dĺžka144 strán (strany)
  
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