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Encyclopedia > Fault auto insurance system

No-fault insurance is a type of automobile insurance where an insured need only prove that they were injured in an automobile accident (either damage to persons or damage to property) to recover under the policy. There is no need for them to prove that they were not at fault in the accident, or to prove another party was at fault in the accident. Auto insurance is insurance consumers can purchase for cars, trucks, and other vehicles. ... Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of potential financial loss. ... A policy is a plan of action to guide decisions and actions. ... There are various types of faults: In document ISO/CD 10303-226, a fault is defined as an abnormal condition or defect at the component, equipment, or sub-system level which may lead to a failure. ...


Most U.S. states have a 'traditional tort' liability system for auto insurance where if you have an accident, you must sue to determine who was at fault. But, nine U.S. states and all Canadian provinces give drivers the option to operate under a "no fault" scheme where persons injured in automobile accidents are limited in their ability to sue other drivers or vehicle owners involved in an accident unless their injuries are particularly severe. No fault insurance is only available in jurisdictions which have a no fault scheme. This article is about the country in North America. ... This article or section does not cite its references or sources. ... Vehicles are non-living means of transportation. ...


No fault insurance has the goal of lowering premium costs by avoiding litigation over the cause of the accident, while providing quick payment for injuries caused by the crash. However, critics of no fault point out that it does not punish reckless or negligent drivers in litigation (because many cases don't go to trial), and that it is particularly difficult to sue if a person's injuries leave them with a handicap. Proponents of no fault insurance point out that auto accidents are inevitable and that at-fault drivers should therefore not necessarily be punished, and that the presence of liability insurance prevents at-fault drivers in tort (or fault) systems from perceiving the lawsuit against them as a punishment. A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Liability insurance is a part of the general insurance system of risk transference. ...


Critics also point out that many no-fault auto insurance jurisdictions have among the highest auto insurance premiums in the country, although no-fault systems tend to be more popular in areas with higher automobile accident risk.


Several US states have perceived problems inherent in the No-Fault system and have repealed their no-fault laws. Of the 16 states that originally enacted No-fault laws in the early 1970s, seven have repealed them. Colorado repealed its No-Fault system in 2003. Florida's No-Fault system is set to sunset on October 1, 2007, unless lawmakers make changes to the system. Official language(s) English Capital Denver Largest city Denver Area  Ranked 8th  - Total 104,185 sq mi (269,837 km²)  - Width 280 miles (451 km)  - Length 380 miles (612 km)  - % water 0. ... Official language(s) English Capital Tallahassee Largest city Jacksonville Area  Ranked 22nd  - Total 65,794 sq mi (170,451 km²)  - Width 162 miles (260 km)  - Length 497 miles (800 km)  - % water 17. ...


No-fault systems can function in several different ways:

  • pure no-fault systems, where lawsuits are completely (or nearly completely) banned and replaced by universal compensation systems where payment is made irrespective of fault. Quebec has a plan of this nature.
  • partial no-fault systems, where lawsuits are precluded in many cases but damages exceeding a certain threshold permit a lawsuit to occur. Ontario has a verbal threshold, where injuries over a certain description are actionable in tort. Manitoba has a monetary threshold, where income loss over a certain amount permits a lawsuit for the income loss over that amount (the balance being covered by the no-fault system).
  • choice systems, where residents can choose to be insured by a no-fault system or a tort system, at their will. Saskatchewan was one of the first jurisdictions in the world to implement such a plan, which took effect January 1, 2003.

Motto: Je me souviens (French: I remember) Official languages French Flower White garden lily Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  - Land  - Water    (% of total)  Ranked 2nd 1,542,056 km² 1,183... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Official languages English (French has some legal status but is not fully co-official) Flower White trillium Capital Toronto Largest city Toronto Lieutenant-Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Parliamentary representation  - House seat  - Senate seats... Motto: Gloriosus et Liber (Latin: Glorious and free) Official languages English (French has some legal status but is not fully co-official) Flower Crocus Capital Winnipeg Largest city Winnipeg Lieutenant-Governor John Harvard Premier Gary Doer (NDP) Parliamentary representation  - House seat  - Senate seats 14 6 Area Total  - Land  - Water    (% of... Motto: Multis E Gentibus Vires (Latin: From many peoples, strength) Official languages English Flower Western Red Lily Capital Regina Largest city Saskatoon Lieutenant-Governor Gordon Barnhart Premier Lorne Calvert (NDP) Parliamentary representation  - House seat  - Senate seats 14 6 Area Total  - Land  - Water    (% of total)  Ranked 7th 651,036 km² 591...

External links

  • Saskatchewan Government Insurance, Press Release - Choices in Auto Insurance.

  Results from FactBites:
 
No Fault Auto Insurance Explained (959 words)
No-fault insurance is intended to reduce auto insurance premiums by reducing the number of automobile accident cases in the courts, by restricting recovery for pain and suffering damages, and by providing limited payment for losses.
Under a pure no-fault system, your insurer would pay for any economic damages (such as medical bills, lost wages, etc.) up to the policy limit, and you would be completely prohibited from suing a negligent driver for "non-economic" damages (such as pain and suffering, loss of companionship, etc.).
Under a choice system, drivers choose whether they want to be insured under a pure no-fault plan or retain some traditional tort rights similar to modified no-fault.
Bill would raise cost of auto insurance Gazette, The (Colorado Springs) - Find Articles (887 words)
The shift from a no-fault auto insurance system in 2003 to the tort system has led to lower rates, as much as 19 percent to 27 percent lower, according to the Rocky Mountain Insurance Information Center.
Insurance industry experts say SB19 would undo some of the progress the reforms achieved under the tort system and raise auto rates by as much as $150 to $700 a year.
Insurance companies paid the costs up front, regardless of who was at fault in an accident, and emergency medicalcare providers -- from ambulance companies to trauma surgeons -- were paid well and quickly.
  More results at FactBites »


 
 

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