Chapter 21 Flashcards
states use a number of approaches to provide some protection to accident victims from irresponsible and reckless drivers. They include:
- Financial responsibility laws
- compulsory insurance laws
- unsatisfied judgement funds
- uninsured ____ ______
- low cost auto insurance
- no ___, no _____
- __ ____ auto insurance
motorists coverage, pay and play, no fault
a ___ ____ law does not require proof of financial responsibility until after the driver has his or her first accident or until after conviction for certain offenses, such as driving under the influence of alcohol.
financial responsibility law
Proof of financial responsibility is typically required under the following circumstances:
1. after an accident involving bodily injury or property damage over a certain amount
2. upon failure to pay a final ___ resulting from an auto accident
3. following a conviction for certain offenses, such as
Under these conditions, if a motorist cannot demonstrate that they meet financial responsibility requirements, the state can revoke or suspend the motorist’s driving privileges.
judgement, drunk or reckless driving
other ways in which the financial responsibility law can be satisfied are by posting a ___, by depositing securities or money in the amount required by law, or by showing that the person is a ___ ___ ___
bonds, qualified self insurer
Although financial responsibility laws provide some protection against irresponsible motorists, they have two major defects:
- there is no guarantee that all ____ ____ will be paid.
- Accident victims may not be ____ ____ for their injuries.
accident victims, fully indemnified
a _____ _____ law requires motorists to carry at least a minimum amount of liability insurance before the vehicle can be licensed or registered
compulsory insurance
Some people believe that compulsory insurance laws provide ___ ____ than financial responsibility laws because motorists must provide financial responsibility before an accident occurs.
greater protection
studies by various groups conclude that compulsory insurance laws generally are _____ in reducing percentage of uninsured drivers.
ineffective
critics of compulsory insurance laws cite the following defects:
- in general, there is no correlation between compulsory insurance laws and the number of uninsured vehicles on the highway
- although lower income drivers support a liability insurance requirement, many _______
- some states have employed computer databases to attempt to track uninsured motorists
simply cannot afford the coverage
under ____ _____ ____, the injured person’s insurer agrees to pay the accident victim who has a bodily injury caused by a ______ _____, by a hit and run driver, or by a negligent driver whose insurer is insolvent.
uninsured motorists coverage
advantages to uninsured motorists coverage:
- motorists have some protection against an uninsured driver
- claim settlement is ____ and more _____ than a tort liability lawsuit.
faster, efficient
uninsured motorists coverage has several defects as a technique for compensating injured auto accident victims. they include the following:
- unless higher limits are purchased, the maximum amount paid is limited to the limits specified in the state’s financial responsibility or compulsory insurance law requirement.
- the injured person must establish the uninsured motorist is _____ _____ for the accident.
- property damage is not covered in most states.
legally liable
law which restricts uninsured motorists from suing negligent drivers for noneconomic damages, such as compensation for pain and suffering.
no, no play law
another method for compensating injured accident victims, means that after an auto accident involving bodily injury, each party collects from his or her own insurer regardless of fault.
no fault auto insurance.
if a bodily injury claim is below a certain monetary threshold, (such as $___) an injured motorist is not permitted to sue but instead would collect from his or her own insurer. if the injury claim exceeds the threshold, the injured person has the right to _______. If the negligent driver is insured, the negligent driver’s insurance company will usually cover the loss.
5,000. right to sue the negligent driver for damages.
means that a suit for damages is allowed only in serious cases, such as those involving death.
verbal threshold
several types of no fault plans and proposals exist. they include the following:
- pure no fault plan
- modified no fault plan
- ___ __ plan
- ____ _____ plan
add-on, choice no fault
type of no fault plan where accident victims could not sue at all, regardless of the amount of the claim, and no payments would be made for pain and suffering. no state has this plan currently.
pure no fault
type of no fault plan where an injured person has the right to sue a negligent driver only if the injury claim exceeds the dollar or verbal threshold.
modified no fault
type of no fault plan that pays benefits to an accident victim without regard to fault, and the injured person still has the right to sue the negligent driver who caused the accident.
add on plan
three states (kentucky, new jersey and pennsylvania) have this no fault plan, where motorists can elect to be covered or not covered under the states no fault law and pay lower premiums, or they can retain the right to sue under the tort liability system and pay higher premiums.
choice no fault plan
no fault benefits are provided by adding an endorsement to an auto insurance policy, typically called
personal injury protection coverage (PIP)