Vaccine Supply and Innovation (1985) / Chapter Skim
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Appendix C: No-Fault Vaccine Injury Insurance
Appendix C: No-Fault Vaccine Injury Insurance
Pages 166-170
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From page 166... ...
A system of no-fault insurance for sports injuries was in effect in more than 40 states for the academic year 1983-1984, under the auspices of the National Federation of High School Athletic Associations. Six eligible claims were filed and all opted to accept the insurance offer rather than pursue a torts claim.*
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From page 167... ...
loss in the event of a resulting personal injury, with the injury victim at the same time of sale binding himself/herself to accept no-fault benefits in lieu of a tort claim. Although I have argued that such a contract entailing a valuable quid pro quo for surrender of tort rights, would be upheld by the courts, others, especially practicing lawyers advising businesses and health care providers, have questioned that a potential accident victim can validly waive his or her tort claim prior to injury even in return for a guarantee of no-fault benefits.
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From page 168... ...
It might be asked how a preaccident committment to make a postaccident tender of net economic loss differs from an identical post accident offer of settlement under present law? In effect the tender scheme herein proposed entails a sale to a potential accident victim of the insurer's capacity at common law to resist making a prompt offer to settle the claim for the victim's real losses.
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From page 169... ...
Compulsory coverage under Michigan's no-fault law pays unlimited medical expenses, plus about $72 000 in wage loss, in addition to coverage of $20 000 for those tort claims preserved under the no-fault law. All this latter insurance is provided at a cost no greater, and apparently a little less, than the cost of only $20 000 of traditional tort liability.
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From page 170... ...
Not a device, it will be noted, that forecloses tort rights, if the victim wishes to pursue them. But a device that gives one a choice of prompt payment of one's actual losses as they accrue versus the delays and uncertainties of a tort claim.
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