Download or read book Tort Reform Evolution of the Automobile Accident Compensation System written by Gregory Schmid and published by . This book was released on 1976 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Problems in Automobile Accident Compensation Reform written by Lindsey Cowen and published by . This book was released on 1970 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Origin and Development of the Negligence Action written by and published by . This book was released on 1970 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The U S Experience with No fault Automobile Insurance written by James M. Anderson and published by Rand Corporation. This book was released on 2010 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Who Pays for Car Accidents written by Estate of Jerry J. Phillips and published by Georgetown University Press. This book was released on 2001-12-18 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Authorizing a Study of the Motor Vehicle Accident Compensation System written by United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Commerce and Finance and published by . This book was released on 1968 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Studies in Automobile Accident Compensation written by United States. Department of Transportation. Automobile Insurance and Compensation Study and published by . This book was released on 1970 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Our Liability Predicament written by J. T. H. Johnson and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Covering Accident Costs written by Mark Rahdert and published by Temple University Press. This book was released on 1995-01-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Exploring the Domain of Accident Law written by Don Dewees and published by Oxford University Press on Demand. This book was released on 1996 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Automobile Insurance Reform written by United States. Congress. Joint Economic Committee and published by . This book was released on 1997 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Enterprise Liability written by Virginia Nolan and published by Temple University Press. This book was released on 2011-02-02 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups. Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.
Download or read book Accidents Compensation and the Law written by P. S. Atiyah and published by George Weidenfeld & Nicholson. This book was released on 1980 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Auto Choice Reform Act of 1997 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation and published by . This book was released on 1999 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Auto Choice Reform Act of 1997 written by United States. Congress. House. Committee on Commerce. Subcommittee on Finance and Hazardous Materials and published by . This book was released on 1998 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Liability Century written by Kenneth S. Abraham and published by Harvard University Press. This book was released on 2008-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Download or read book Auto Insurance Reform written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation and published by . This book was released on 2001 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
