Advanced Search
MyIDEAS: Login

Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts

Contents:

Author Info

  • Santolino, Miguel
Registered author(s):

    Abstract

    Automobile bodily injury disputes represent one of the main causes of litigation faced by Spanish Courts. In this paper a multinomial model is implemented to analyse which factors determine the decision to appeal against the verdicts of trial courts. Use of a dataset of motor insurance claims revealed differences between the determinants of a claimant's decision to appeal and those of insurers. Among other results it is shown that discrepancies regarding the permanent disability sustained affect the insurer's decision to appeal. In contrast, the claimant pays more attention to differences in the stated temporary disability. Evidence of the claimant's higher risk-averse behaviour is found. Conclusions are drawn regarding which factors could reduce the percentage of appealed cases.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.sciencedirect.com/science/article/B6V7M-4X66S4N-1/2/0c6cbdc6f68314cfab158b00d405d13b
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Bibliographic Info

    Article provided by Elsevier in its journal International Review of Law and Economics.

    Volume (Year): 30 (2010)
    Issue (Month): 1 (March)
    Pages: 37-45

    as in new window
    Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:37-45

    Contact details of provider:
    Web page: http://www.elsevier.com/locate/irle

    Related research

    Keywords: Traffic accidents Litigation Legislative compensation system Multinomial logit;

    References

    References listed on IDEAS
    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
    as in new window
    1. Andrew F. Daughety & Jennifer F. Reinganum, 1994. "Settlement Negotiations with Two-Sided Asymmetric Information: Model Duality, Information Distribution and Efficiency," Game Theory and Information 9403009, EconWPA.
    2. W. Kip Viscusi & Patricia H. Born, 2005. "Damages Caps, Insurability, and the Performance of Medical Malpractice Insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 72(1), pages 23-43.
    3. Phil Bell, 2006. "The Social Construction of Bodily Injury," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan, vol. 31(2), pages 340-356, April.
    4. Mark J. Browne & Joan T. Schmit, 2008. "Litigation Patterns in Automobile Bodily Injury Claims 1977-1997: Effects of Time and Tort Reforms," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 75(1), pages 83-100.
    5. Viscusi, W Kip, et al, 1993. " The Effect of 1980s Tort Reform Legislation on General Liability and Medical Malpractice Insurance," Journal of Risk and Uncertainty, Springer, vol. 6(2), pages 165-86, April.
    6. Osborne, Evan, 1999. "Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 187-203, January.
    7. Osborne, Evan, 1999. "Who should be worried about asymmetric information in litigation?," International Review of Law and Economics, Elsevier, vol. 19(3), pages 399-409, September.
    8. Browne, Mark J & Puelz, Robert, 1999. "The Effect of Legal Rules on the Value of Economic and Non-economic Damages and the Decision to File," Journal of Risk and Uncertainty, Springer, vol. 18(2), pages 189-213, August.
    9. Shavell, Steven, 1995. "The Appeals Process as a Means of Error Correction," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 379-426, June.
    10. Joan T. Schmit & Jia-Hsing Yeh, 2003. "An Economic Analysis of Auto Compensation Systems: Choice Experiences From New Jersey and Pennsylvania," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 70(4), pages 601-628.
    11. McFadden, Daniel, 1974. "The measurement of urban travel demand," Journal of Public Economics, Elsevier, vol. 3(4), pages 303-328, November.
    12. Helen Doerpinghaus & Joan Schmit & Jason Jia-Hsing Yeh, 2003. "Personal Bias in Automobile Claims Settlement," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 70(2), pages 185-205.
    13. Spitzer, Matt & Talley, Eric, 2000. "Judicial Auditing," The Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 649-83, June.
    14. Grochulski, Borys & Kareken, John, 2004. "Allen and Gale on risk-taking and competition in banking," Finance Research Letters, Elsevier, vol. 1(4), pages 236-240, December.
    15. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-97, September.
    16. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as in new window

    Cited by:
    1. Miguel Santolino & Magnus Söderberg, 2011. "The influence of decision-maker effort and case complexity on appealed rulings subject to multi-categorical selection," IREA Working Papers 201115, University of Barcelona, Research Institute of Applied Economics, revised Sep 2011.
    2. Mercedes Ayuso & Lluís Bermúdez & Miguel Santolino, 2011. "“Influence of the claimant’s behavioural features on motor compensation outcomes”," IREA Working Papers 201108, University of Barcelona, Research Institute of Applied Economics, revised Jun 2011.
    3. Miguel Santolino & Catalina Bolancé & Manuela Alcañiz, 2011. "Factors affecting hospital admission and recovery stay duration of in-patient motor victims in Spain," IREA Working Papers 201119, University of Barcelona, Research Institute of Applied Economics, revised Oct 2011.

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:37-45. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Zhang, Lei).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.