Fault verses no fault : reviewing the international evidence / prepared by Kirsten Armstrong & Daniel Tess.

Sydney : The Institute of Actuaries of Australia, 2008.

199837

LIability (Law)

Negligence.

Torts.

Compensation (law)

Introduction

Dimension A: Injured Persons receiving benefits

Dimension B: Proportion of Scheme Cost which goes to Claimant Benefits

Dimension C: Benefit Levels

Dimension D: Other Claimant Outcomes

Dimension E: Equity of spread of cost

Dimension F: Prevention Incentive

Dimension G: Scheme Cost

Compensation schemes in context

Conclusion

References

Systems for meeting the cost of personal injury vary significantly around the world. This paper examines the costs, coverage and outcomes associated with different structures used to meet the cost of personal injury, comparing 'fault', ‘no fault' and blended systems and, in particular, the insurance and compensation schemes which underpin them. At its heart, the issue of ‘fault' versus ‘no fault' is one of coverage. Those who can prove fault in a traditional tort system are covered; those who cannot are not covered and will need to fall back to their own resources and social welfare for support. - Extract from introduction.

Includes bibliographical references.

1 online resource (38 pages) : digital, PDF