Chapter 23 Auto Insurance and Society Agenda • Approaches for Compensating Auto Accident Victims • Auto Insurance for High-Risk Drivers • Cost of Auto Insurance • Shopping for Auto Insurance Copyright ©2014 Pearson Education, Inc All rights reserved 23-2 Approaches for Compensating Auto Accident Victims • Many accident victims are unable to recover damages – The negligent driver may be uninsured or underinsured • States use a number of approaches to protect accident victims from irresponsible or reckless drivers • A financial responsibility law requires motorists to furnish proof of financial responsibility up to certain minimum dollar limits Copyright ©2014 Pearson Education, Inc All rights reserved 23-3 Approaches for Compensating Auto Accident Victims • Evidence of financial responsibility can be provided in several ways: – Producing evidence of an auto liability insurance policy with at least certain minimum limits – Posting a bond – Depositing the amount required by law – Showing that the person is a qualified self-insurer • Financial responsibility laws provide limited protection against irresponsible motorists – There is no guarantee that all accident victims will be paid – State laws require only minimum liability limits, which are relatively low Copyright ©2014 Pearson Education, Inc All rights reserved 23-4 Exhibit 23.1 Automobile Financial Responsibility Limits by State Copyright ©2014 Pearson Education, Inc All rights reserved 23-5 Exhibit 23.1 Automobile Financial Responsibility Limits by State Copyright ©2014 Pearson Education, Inc All rights reserved 23-6 Approaches for Compensating Auto Accident Victims • A compulsory insurance law requires motorists to carry at least a minimum amount of liability insurance before the vehicle can be licensed or registered – Some argue that the law provides greater protection against uninsured drivers because motorists must provide evidence of financial responsibility before an accident occurs – Critics cite: mandatory insurance does not reduce the number of uninsured drivers – Computer reporting systems to track uninsured motorists have not been effective Copyright ©2014 Pearson Education, Inc All rights reserved 23-7 Approaches for Compensating Auto Accident Victims • Three states (MI, NY, ND) have established unsatisfied judgment funds for compensating auto accident victims who have exhausted all other means of recovery – The accident must obtain a judgment against the negligent motorist and show that the judgment cannot be collected – The amount paid by the fund is limited by state law and may be reduced by collateral sources – The negligent driver must repay the fund – States use different methods for financing the benefits, e.g., through insurer assessments Copyright ©2014 Pearson Education, Inc All rights reserved 23-8 Approaches for Compensating Auto Accident Victims • Many states require uninsured motorists coverage – The injured person’s insurer agrees to compensate for bodily injury caused by an uninsured motorist, a hit-and-run driver, or a negligent driver whose insurer is insolvent – One advantage is that claim settlement is faster than a tort liability lawsuit – The injured person must show that the uninsured motorist is legally liable for the accident – The minimum limits are low, so an accident victim may not be fully compensated Copyright ©2014 Pearson Education, Inc All rights reserved 23-9 Approaches for Compensating Auto Accident Victims • Low-cost auto insurance provides minimum amounts of liability insurance at reduced rates to motorists who cannot afford regular insurance – Goal is to reduce the number of uninsured drivers • Several states have enacted “no pay, no play” laws which prohibit uninsured motorists from suing negligent drivers for noneconomic damages Copyright ©2014 Pearson Education, Inc All rights reserved 23-10 No-fault Auto Insurance • In some states, insurers must also offer optional no-fault benefits above the prescribed minimums • The right to sue varies across states with nofault or add-on plans – All states permit a lawsuit in the event of a serious injury • No-fault laws cover only bodily injury and not property damage – Except in Michigan – Motorists are allowed to sue the negligent driver for property damage Copyright ©2014 Pearson Education, Inc All rights reserved 23-15 No-fault Auto Insurance • Arguments in support of no-fault laws include: – Difficulty in determining fault – Inequity in claim payments – High transactions costs and attorney fees – Fraudulent and inflated claims – Delay in payments Copyright ©2014 Pearson Education, Inc All rights reserved 23-16 No-fault Auto Insurance • Arguments against no-fault laws include: – Defects of the negligence system are exaggerated – Savings from no-fault are exaggerated – Court delays are confined to a few large cities – Safe drivers may be penalized by no-fault – No-fault provides no payment for pain and suffering – The present tort liability system should be improved, not junked Copyright ©2014 Pearson Education, Inc All rights reserved 23-17 No-fault Auto Insurance • Some states have repealed their no-fault laws because relatively low monetary thresholds have increased the number of lawsuits • A study by the Institute for Civil Justice found that no-fault plans: – reduce attorney fees and claim processing costs – match the compensation received for an injury more closely with the economic loss sustained – generally pay benefits more quickly Copyright ©2014 Pearson Education, Inc All rights reserved 23-18 Auto Insurance for High Risk Drivers • High risk drivers who have difficulty obtaining auto insurance in the voluntary market can obtain insurance in the shared (residual) market • Most states have an auto insurance plan (assigned risk plan) that makes auto insurance available to motorists who are unable to obtain insurance in the voluntary market – All auto insurers in the state are assigned a proportionate share of high-risk drivers – Premiums charged are substantially higher than those charged in the voluntary markets Copyright ©2014 Pearson Education, Inc All rights reserved 23-19 Exhibit 23.2 Example of an Automobile Insurance Plan (Generalized) Copyright ©2014 Pearson Education, Inc All rights reserved 23-20 Auto Insurance for High Risk Drivers • A few states have established a joint underwriting association (JUA), in which auto insurers in the state participate in providing coverage to high-risk drivers through a common pool – Each insurer pays its pro rata share of pool losses and expenses – The JUA designs the policies and sets the rates – Underwriting losses are proportionately shared by the companies based on premiums written – A limited number of insurers are designated as servicing insurers, but all insurers participate in the pool Copyright ©2014 Pearson Education, Inc All rights reserved 23-21 Auto Insurance for High Risk Drivers • A few states have established a reinsurance facility (or pool) for placing high-risk drivers • The Maryland Automobile Insurance Fund provides insurance to high-risk drivers who have been canceled or refused insurance by private insurers • Specialty insurers are insurers that specialize in insuring motorists with poor driving records Copyright ©2014 Pearson Education, Inc All rights reserved 23-22 Cost of Auto Insurance • Auto insurance rates have increased in recent years due to: – Rising medical and motor vehicle repair costs – Soaring jury awards in liability cases – Insurance fraud and abuse • Insurers use a variety of factors to establish auto insurance premiums, including: – – – – – – Age, gender, and marital status Territory Use of the auto Driver education and individual driving record Number and types of cars insurance score Copyright ©2014 Pearson Education, Inc All rights reserved 23-23 Exhibit 23.3 Top Five Most Expensive and Least Expensive Cities for Automobile Insurance, 2011* Copyright ©2014 Pearson Education, Inc All rights reserved 23-24 Exhibit 23.4 Drivers in Motor Vehicle Crashes by Age, 2009 Copyright ©2014 Pearson Education, Inc All rights reserved 23-25 Exhibit 23.5 Tips for Buying Auto Insurance Copyright ©2014 Pearson Education, Inc All rights reserved 23-26 Exhibit 23.6 Wide Variation in Auto Insurance Premiums for Omaha, Nebraska (SixMonth Premiums: August 1, 2009 Rates Copyright ©2014 Pearson Education, Inc All rights reserved 23-27 Exhibit 23.6 Wide Variation in Auto Insurance Premiums for Omaha, Nebraska (SixMonth Premiums: August 1, 2009 Rates (cont.) Copyright ©2014 Pearson Education, Inc All rights reserved 23-28 Exhibit 23.6 Wide Variation in Auto Insurance Premiums for Omaha, Nebraska (SixMonth Premiums: August 1, 2009 Rates (cont.) Copyright ©2014 Pearson Education, Inc All rights reserved 23-29 ... reserved 23- 21 Auto Insurance for High Risk Drivers • A few states have established a reinsurance facility (or pool) for placing high -risk drivers • The Maryland Automobile Insurance Fund provides insurance. .. Number and types of cars insurance score Copyright ©2014 Pearson Education, Inc All rights reserved 23- 23 Exhibit 23. 3 Top Five Most Expensive and Least Expensive Cities for Automobile Insurance, ... Inc All rights reserved 23- 18 Auto Insurance for High Risk Drivers • High risk drivers who have difficulty obtaining auto insurance in the voluntary market can obtain insurance in the shared