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The Incentive Effects of No-Fault Automobile Insurance

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  • Cummins, J David
  • Phillips, Richard D
  • Weiss, Mary A

Abstract

This paper presents a theoretical and empirical analysis of the effects of no-fault automobile insurance on fatal accident rates. As a mechanism for compensating the victims of automobile accidents, no-fault insurance has several important advantages over the tort system. However, by restricting access to tort, no-fault may weaken incentives for careful driving and lead to higher accident rates. We conduct an empirical analysis of automobile accident fatality rates in all U.S. states over the period 1968-94, controlling for the potential endogeneity of no-fault laws. The results support the hypothesis that no-fault is significantly associated with higher fatal accident rates than tort. Copyright 2001 by the University of Chicago.

Suggested Citation

  • Cummins, J David & Phillips, Richard D & Weiss, Mary A, 2001. "The Incentive Effects of No-Fault Automobile Insurance," Journal of Law and Economics, University of Chicago Press, vol. 44(2), pages 427-464, October.
    • Handle: RePEc:ucp:jlawec:v:44:y:2001:i:2:p:427-64
    DOI: 10.1086/322818
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    Cited by:

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    2. Bronwyn Howell & Judy Kavanagh & Lisa Marriott, 2002. "No-Fault Public Liability Insurance: Evidence from New Zealand," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 9(2), pages 135-149.
    3. Eric A. Helland & Alexander Tabarrok, 2012. "Product Liability and Moral Hazard: Evidence from General Aviation," Journal of Law and Economics, University of Chicago Press, vol. 55(3), pages 593-630.
    4. Dionne, Georges & Michaud, Pierre-Carl & Pinquet, Jean, 2013. "A review of recent theoretical and empirical analyses of asymmetric information in road safety and automobile insurance," Research in Transportation Economics, Elsevier, vol. 43(1), pages 85-97.
    5. Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
    6. Cohen, Alma & Dehejia, Rajeev, 2004. "The Effect of Automobile Insurance and Accident Liability Laws on Traffic Fatalities," Journal of Law and Economics, University of Chicago Press, vol. 47(2), pages 357-393, October.
    7. Jonathan Yoder, 2008. "Liability, Regulation, and Endogenous Risk: The Incidence and Severity of Escaped Prescribed Fires in the United States," Journal of Law and Economics, University of Chicago Press, vol. 51(2), pages 297-325, May.
    8. Vereeck, Lode & Vrolix, Klara, 2007. "The social willingness to comply with the law: The effect of social attitudes on traffic fatalities," International Review of Law and Economics, Elsevier, vol. 27(4), pages 385-408, December.
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    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, December.
    11. Howell, Bronwyn, 2004. "Medical Misadventure and Accident Compensation in New Zealand: An Incentives-Based Analysis," Working Paper Series 3869, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    12. Steven Shavell, 2005. "Liability for Accidents," NBER Working Papers 11781, National Bureau of Economic Research, Inc.
    13. Fenn, Paul & Gray, Alastair & Rickman, Neil, 2007. "Liability, insurance and medical practice," Journal of Health Economics, Elsevier, vol. 26(5), pages 1057-1070, September.
    14. Lorilee A. Medders & Charles M. Nyce & J. Bradley Karl, 2014. "Market Implications of Public Policy Interventions: The Case of Florida's Property Insurance Market," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 17(2), pages 183-214, September.
    15. Paul Heaton, 2017. "How Does Tort Law Affect Consumer Auto Insurance Costs?," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 84(2), pages 691-715, June.
    16. Lisa L. Posey & Paul D. Thistle, 2017. "Automobile Insurance and Driver Ability: Contract Choice as a Screening Mechanism," The Geneva Risk and Insurance Review, Palgrave Macmillan;International Association for the Study of Insurance Economics (The Geneva Association), vol. 42(2), pages 141-170, September.
    17. Lisa L. Posey & Paul D. Thistle, 2017. "Automobile Insurance and Driver Ability: Contract Choice as a Screening Mechanism," The Geneva Papers on Risk and Insurance Theory, Springer;International Association for the Study of Insurance Economics (The Geneva Association), vol. 42(2), pages 141-170, September.
    18. Neri, Marcelo Côrtes, 2007. "The state of the youth: prisons, drugs and car crashes," FGV EPGE Economics Working Papers (Ensaios Economicos da EPGE) 661, EPGE Brazilian School of Economics and Finance - FGV EPGE (Brazil).
    19. Mary A. Weiss & Sharon Tennyson & Laureen Regan, 2010. "The Effects of Regulated Premium Subsidies on Insurance Costs: An Empirical Analysis of Automobile Insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 77(3), pages 597-624, September.
    20. Zabinski, Zenon & Black, Bernard S., 2022. "The deterrent effect of tort law: Evidence from medical malpractice reform," Journal of Health Economics, Elsevier, vol. 84(C).

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