Compulsory Motor Research Articles

Compulsory Motor Vehicle Insurance and Court Congestion in Massachusetts

An Act requiring owners of certain motor vehicles and trailers to furnish security for their civil liability on account of personal injuries caused by their motor vehicles and trailers.1 This commonly known and hereinafter referred to as compulsory motor vehicle insurance act, provides that no motor vehicle or trailer privately owned shall be registered in the Commonwealth unless the application for registration is accompanied by a certificate from an insurance company authorized to transact casualty business in the Commonwealth stating that it has issued to the applicant a policy to the amount of at least $5,000 on account of injury to or death of one person, and of at least $io,ooo on account of one accident resulting in injury to or death of more than one person, arising out of the unlawful or negligent operation of a motor car upon the ways of the Commonwealth.2 The insurance policy actually covers the particular car insured, as it covers not merely the owner but also any person responsible for the operation of the insured's motor vehicle with his express or implied consent. . . .3 Broadly speaking, therefore, person injured, and the estate of person killed, upon the public ways of the Commonwealth by the unlawful or negligent operation of a privately owned Massachusetts car are assured of the payment of judgment that may be recovered up to $5,ooo.4 If a judgment exceeds the $5,000 or

Grounds for Opposing the Automobile Accident Compensation Plan

Three particular evils incident to the holocaust of personal injuries caused by the operation of swift-moving motor-vehicles on our streets and highways are now exciting loud demands for remedies, namely: (i) That the victims of wrongful injuries by motorists are often without practical redress, because the wrongdoers are financially irresponsible; (2) that the present law of for damages, based upon negligence, is difficult of application to motor-vehicle accidents; and (3) that the administration of such law by courts and juries is expensive, slow and haphazard in its results, and is seriously congesting the courts in many jurisdictions. For each of these evils specific remedies are being tried or proposed. Compulsory insurance of compensation regardless of fault-much as under the workmen's compensation laws-is now held out as a panacea for them all. To point out reasons for the belief that such proposed cure-all could not even approximately fulfill the promises held out for it and is also undesirable on account of the specific evils its adoption would produce is the purpose of this article. As a preliminary it needs to be noted that compulsory insurance alone, without change in the law or its administration, is proposed, and has been adopted in Massachusetts and some foreign countries, as a remedy for the evil first above mentioned. To that theoretical remedy there are specific objections and criticisms which apply also to the compensation plan here under criticism; but since they have been indicated in previous articles in this series1 they will not be repeated herethough they should not be ignored.2 Further it needs to be mentioned that various plans of compulsory automobile compensation insurance have been proposed, in legislative bills and otherwise, differing widely among themselves both in major and minor features. To discuss them all in sufficient detail to expose their respective demerits would be impracticable. * Member of the New York State Bar since I890, practising in New York City, and specializing in casualty insurance law. Commissioner of Labor of the State of New York, I905-I907. Consulting counsel to the Association of Casualty and Surety Executives since its organization in I929. Author of many addresses, articles, and other writings on workmen's compensation and social insurances. 1Problems arising under the Massachusetts Act are discussed in Blanchard, Compulsory Motor Vehicle Insurance in Massachusetts, supra p. 537, and Carpenter, Compulsory Motor Vehicle Insurance and Court Congestion in Massachusetts, supra p. 554. 2For an outline of the objections to compulsory automobile liability insurance, based upon Massachusetts experience, see Critique of Massachusetts Automobile Liability Insurance, by Edward C. Stone, United States Manager, Employers' Liability Insurance Corporation, Ltd. (Ass'n of Casualty and Surety Executives, N. Y., I935).

Compulsory Motor Accident Insurance Exclusively with the State

Compulsory Motor Accident Insurance Exclusively with the State