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The dynamics of one-sided incomplete information in motor disputes


  • Ayuso, Mercedes
  • Bermúdez, Lluís
  • Santolino, Miguel


The paper examines the distribution function of settlements over time in an attempt to explain the time it takes to negotiate the claim compensation in the context of motor disputes. Competing risk models are applied to a Spanish motor insurance database. The empirical analysis yielded two main findings. First, in some cases the severity of temporary injuries was found to be negatively associated with the time to settlement of the claim, suggesting that more severe cases do not always take longer to settle; this supports the assumption that the time to settlement depends primarily on the degree of informational asymmetry among litigants regarding the magnitude of damages. Second, time-varying effects were observed for the explanatory factors related to the victim's age and the seriousness of injuries. The effect of these factors on the time to settlement of the claim is attenuated over time, suggesting that the asymmetries in information present a dynamic pattern during the negotiation process, since the insurer's incomplete information is enriched during the course of negotiations.

Suggested Citation

  • Ayuso, Mercedes & Bermúdez, Lluís & Santolino, Miguel, 2015. "The dynamics of one-sided incomplete information in motor disputes," International Review of Law and Economics, Elsevier, vol. 41(C), pages 77-85.
  • Handle: RePEc:eee:irlaec:v:41:y:2015:i:c:p:77-85
    DOI: 10.1016/j.irle.2014.11.004

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    References listed on IDEAS

    1. Kathryn E. Spier, 1992. "The Dynamics of Pretrial Negotiation," Review of Economic Studies, Oxford University Press, vol. 59(1), pages 93-108.
    2. Mercedes Ayuso & Lluís Bermúdez & Miguel Santolino, 2012. "Influence of parties' behavioural features on motor compensation disputes in insurance markets," Journal of Risk Research, Taylor & Francis Journals, vol. 15(6), pages 673-691, June.
    3. Deffains, Bruno & Doriat, Myriam, 1999. "The dynamics of pretrial negotiation in France:: Is there a deadline effect in the French legal system?," International Review of Law and Economics, Elsevier, vol. 19(4), pages 447-470, December.
    4. 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.
    5. Thomas H. Scheike & Mei-Jie Zhang & Thomas A. Gerds, 2008. "Predicting cumulative incidence probability by direct binomial regression," Biometrika, Biometrika Trust, vol. 95(1), pages 205-220.
    6. Joel Sobel & Takahashi, 1983. "A Multi-stage Model of Bargaining," Levine's Working Paper Archive 255, David K. Levine.
    7. Daniel Friedman & Donald Wittman, 2007. "Litigation with Symmetric Bargaining and Two-Sided Incomplete Information," Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(1), pages 98-126, April.
    8. Fenn, Paul & Rickman, Neil, 1999. "Delay and Settlement in Litigation," Economic Journal, Royal Economic Society, vol. 109(457), pages 476-491, July.
    9. Daughety, Andrew F. & Reinganum, Jennifer F., 1994. "Settlement negotiations with two-sided asymmetric information: Model duality, information distribution, and efficiency," International Review of Law and Economics, Elsevier, vol. 14(3), pages 283-298, September.
    10. Doornik, Katherine, 2014. "A rationale for mediation and its optimal use," International Review of Law and Economics, Elsevier, vol. 38(C), pages 1-10.
    11. Pucher, J. & Dijkstra, L., 2003. "Promoting Safe Walking and Cycling to Improve Public Health: Lessons from The Netherlands and Germany," American Journal of Public Health, American Public Health Association, vol. 93(9), pages 1509-1516.
    12. Santolino, Miguel, 2010. "Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts," International Review of Law and Economics, Elsevier, vol. 30(1), pages 37-45, March.
    13. Cramton, Peter C & Tracy, Joseph S, 1992. "Strikes and Holdouts in Wage Bargaining: Theory and Data," American Economic Review, American Economic Association, vol. 82(1), pages 100-121, March.
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    15. Helen I. Doerpinghaus & Joan T. Schmit & Jason Jia‐Hsing Yeh, 2008. "Age and Gender Effects on Auto Liability Insurance Payouts," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 75(3), pages 527-550, September.
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    Cited by:

    1. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2017. "Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data," CESifo Working Paper Series 6450, CESifo Group Munich.
    2. Peter Grajzl & Katarina Zajc, 2017. "Litigation and the timing of settlement: evidence from commercial disputes," European Journal of Law and Economics, Springer, vol. 44(2), pages 287-319, October.
    3. Bielen, Samantha & Grajzl, Peter & Marneffe, Wim, 2017. "Procedural events, judge characteristics, and the timing of settlement," International Review of Law and Economics, Elsevier, vol. 52(C), pages 97-110.

    More about this item


    Litigation; Uncertainty; Cumulative incidence function; Settlement delay; Private information; Mediation;

    JEL classification:

    • D81 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Criteria for Decision-Making under Risk and Uncertainty
    • G22 - Financial Economics - - Financial Institutions and Services - - - Insurance; Insurance Companies; Actuarial Studies
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior


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