The introduction of the 1971 legislation didn't end discussion about an much more extensive no-fault for vehicle insurance Ontario. Indeed, in those days an insurance industry spokesman was quoted as stating that this was viewed as merely a initial step. Find auto insurance in California at www.caautoinsurancequotes.net.
The following important development was the publication in 1973 of the report through the Ontario Law Reform Commission on car accident compensation. The empirical base for the report was information gathered in other studies; the Osgoode Hall study, a University of Michigan study, the Bc Royal Commission on Automobile Insurance and an Oxford University study.
The findings from the Osgoode Halls study happen to be described previously. In broad terms these confirmed or were confirmed by the other studies. Compensation flowing in the tort system was proved to be inadequate, poorly distributed and subject often to serious delay. Further, noting the widespread use of liability insurance, the Law Reform Commission pointed out that loss distribution, instead of loss shifting, took over as "normal method" of compensating accident victims and for that reason:
The question no more is whether or not individual defendants can afford to bear all of the losses they inflict, but if the collectivity engaged in the game which generates the harm, and in the case of motoring this virtually means society at large, can afford to deal with it. In light of the considerable amounts spent on motoring already, an adverse answer would appear perverse.
That society had chosen to spread losses (through the widespread use and legal encouragement of insurance) rather than saddle individual wrongdoers together, resulted in the historical purpose of tort law (to create blameworthy individuals liable) wasn't any longer being pursued. This, together with the proven fact that those aspects of tort which had been retained led to inequities, inadequacies and delays in the processing of' claims, fueled the argument for that complete abolition of tort because it put on automobile accident cases. Learn more about California here
The Law Reform Commission indicated a clear preference for any first-party, no-fault compensation system. It proposed a "pure" no- fault plan which may compensate automobile accident victims for those pecuniary losses caused by injury, death or property damage arising out of the operation of an automobile. Non-pecuniary loss wouldn't be compensated, but all other losses, specifically (a) unlimited medical, hospital and rehabilitation expenses, (b) other consequential expenses such as transportation costs and telephone bills, (c) damages, (d) death benefits, and (e) compensation for collision and property damage, could be compensated.
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