As applied to U.S. traffic accidents, both tort law and no-fault law are often attacked. A proposed solution would allow motorists to choose an option bypassing the inadequacies of both tort law and current U.S. no-fault laws. Actuarial estimates indicate large savings available to motorists so choosing. But as time goes on, the savings are diminished as low required limits of coverage in the U.S. meet inflation, leading not only to admittedly lessened savings but also to the anomaly of more and more motorists in non no-fault states pursuing tort rights for only economic losses.
Originally published in: Les Cahiers de Droit, Special Issue 1998, pp. 471-484.
This report is part of the RAND Corporation Reprint series. The Reprint was a product of the RAND Corporation from 1992 to 2011 that represented previously published journal articles, book chapters, and reports with the permission of the publisher. RAND reprints were formally reviewed in accordance with the publisher's editorial policy and compliant with RAND's rigorous quality assurance standards for quality and objectivity. For select current RAND journal articles, see External Publications.
The RAND Corporation is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.