Automobile Injuries as Injuries with Remedies: Driving, Insurance, Torts, and Changing the Choice Architecture of Auto Insurance Pricing

While mandatory auto insurance laws virtually guarantee the availability of remedies for auto injuries, other types of physical injuries, including those resulting from domestic violence, lack similar protections. By providing a broad array of compensation mechanisms to auto accident victims, the law encourages people to drive more. The rationale underlying that public policy has, however, eroded. Environmental degradation, public health problems, and other costs require overhauling the system.

This Article recommends two changes to the auto insurance system aimed at encouraging people to drive less.