A Choice of Choice: Adding Postaccident Choice to the Menu of No-Fault Models

In this Article, Professor Brown tackles the concept of no-fault auto insurance from the perspective of auto insurance premiums. The author believes that the promise of lower premiums will allow no-fault insurance to succeed where other arguments have failed. There are two models developed for integrating tort and no-fault. In this article, the author proposes a third model: a scheme which allows an accident victim to choose between tort and no-fault after the accident has occurred.

Similar to the other two models, this third model would reduce and stabilize costs. Whichever model is chosen, opportunities exist for considerable improvement both in terms of the treatment of victims of accidents and the costs of the scheme to all motorists.