About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Harv. L. & Pol'y Rev. 427 (2010)
Restructuring Insurance Coverage for Drunk Drivers

handle is hein.journals/harlpolrv4 and id is 431 raw text is: Restructuring Insurance Coverage for Drunk Drivers Avi Perry* INTRODUCTION While the gravity and prevalence of drunk driving in the United States are well documented, the actual facts are still startling. Someone is killed due to drunk driving approximately every forty-five minutes.' In 2008 alone, there were nearly 11,773 fatalities produced by drunk driving acci- dents.2 At least half of all motor vehicle deaths are a product of intoxica- tion.3 About three in every ten Americans will be involved in an alcohol- related crash at some point in their lives; in 2001, drunk driving accidents injured more than half a million people, an average of nearly one injury every minute.4 Nearly one and a half million drivers were arrested in 2006 for driving under the influence.5 Despite these alarming statistics, drunk drivers usually are insulated from at least some of the consequences of their actions. This Essay will explore how automobile insurance has protected drunk drivers from civil liability for their criminal conduct. Under the prevailing tort law regime in the United States, tortfeasors are liable for the costs of injuries to victims if they fail to exercise due care. In order to safeguard their assets (and in order to comply with state mandatory insurance laws), drivers must purchase auto- mobile liability insurance. Using the example of Connecticut, this Essay will argue that the availability of such insurance conflicts with important state policies, even if it furthers others.6 A recurrent theme in this Essay is that the gap between the criminal and civil consequences of illegal conduct should be narrow, if not nonexistent. This Essay will conclude by proposing that the existing automobile insurance framework be changed so that insur- ers are authorized to seek reimbursement from drunk drivers for the value of claims paid to tort victims. This proposal would preserve victim compensa- tion while forcing drunk drivers to bear the true costs of their actions. * Yale Law School, J.D. 2010; Yale College, B.A. 2005. The author thanks Professors Peter Kochenburger and George Priest for their guidance and suggestions. And as always, thanks to Julia for her support. 'Mothers Against Drunk Driving, Statistics, http://www.madd.org/Professionals/Law-En- forcement/Statistics/AllStats.aspx#STAT1 (on file with the Harvard Law School Library). 21Id. 'Frank A. Sloan et al., Effects of Tort Liability and Insurance on Heavy Drinking and Drinking and Driving, 38 J.L. & EcON. 49, 50 (1995). ' Mothers Against Drunk Driving, Victim Services Statistics, http://www.madd.org/Vic- tim-ServiceslVictim-Services/Statistics.aspx (on file with the Harvard Law School Library). 5 Mothers Against Drunk Driving, supra note 1. 6 Connecticut was chosen because of its historical connection with the insurance industry, but the arguments below apply with equal force to the majority of states.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most