no-fault insurance


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no-fault insurance,

type of indemnity plan, usually applied to automobile coverage, in which those injured in an accident receive direct payment from the company with which they themselves are insured. Originated (1947) in Saskatchewan, Canada, no-fault insurance eliminates the need for accident victims to establish another's liability, or fault, through a civil lawsuit. Lawyers' groups oppose no-fault, saying that it limits the citizen's right to sue. Supporters say that it leads to quicker settlement of accident claims and lower premium rates than the traditional tort liability system because it reduces legal fees and court costs. The first comprehensive no-fault plan in the United States was adopted (1971) in Massachusetts. Currently 13 states have no-fault auto insurance laws that in some way restrict the right of parties to file legal suits. Provisions defining when a person can sue in no-fault states vary, but motorists can generally sue for severe injuries. Recently, however, rising insurance costs have led some states to reexamine the effectiveness of no-fault insurance laws.
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16) In 1971, the legislature had similarly attempted to create no-fault insurance with respect to claims for property damage.
A hospital with an effective quality-assurance program could offer no-fault insurance to its patients for a reasonable premium, with an even lower premium for patients who agreed to forego filing a tort claim in the event of an injury.
and Joost, 1986, Giving Motorists a Choice Between Fault and No-Fault Insurance, Virginia Law Review, 72: 61-89.
also have significant experience in assisting victims and their families file no-fault insurance claims against the insurance company for injuries suffered in a texting while driving accident, or any other type of auto accident.
of Financial Services (DFS) Superintendent Ben Lawsky announced a statewide initiative to stop deceptive doctors and shut down medical mills that plague New York's no-fault insurance payment system and cost New Yorkers hundreds of millions of dollars in insurance costs.
McGovern and others have said no-fault insurance agreements between rail companies and Amtrak have soaked up too many tax dollars.
Content covers such topics as jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance and emerging ideas for future reforms.
State Farm sued, declaring that it need not reimburse defendants--fraudulently incorporated medical corporations--for assigned claims submitted under no-fault insurance policies.
4) The empirical work in this area has tended to focus on the so-called deterrence-versus-compensation debate, addressing the question of whether no-fault insurance actually leads to an increase in motor vehicle accidents.
Anticipating no-fault insurance initiatives citing this study, ATLA President Richard Middleton issued a statement pointing out the study's biases and flawed methodology.
Lawyers are fighting tooth and nail against a no-fault insurance system because it would protect citizens from the outrageous charges that the lawyers think is their birthright.
2) While they also believe that more comprehensive liability reform and no-fault insurance coverage hold greater possibilities for reducing defensive medicine costs, the authors believe that physician and hospital protection for adherence to standards has a much greater likelihood of adoption in the short term because of the current economic incentive for guideline development and implementation brought about by national and state efforts at health care reform.