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44 Loy. L. A. L. Rev. 69 (2010-2011)
Automobile Injuries as Injuries with Remedies: Driving, Insurance, Torts, and Changing the Choice Architecture of Auto Insurance Pricing

handle is hein.journals/lla44 and id is 77 raw text is: AUTOMOBILE INJURIES AS
INJURIES WITH REMEDIES:
DRIVING, INSURANCE, TORTS, AND
CHANGING THE CHOICE ARCHITECTURE
OF AUTO INSURANCE PRICING
Jennifer B. Wriggins*
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.
* Sumner T. Bernstein Professor of Law and Associate Dean for Research, University of
Maine School of Law. Acknowledgments: Many thanks to the organizers of the Injuries Without
Remedies Symposium and Loyola Law School Los Angeles for its support of the symposium.
Thanks also to Tom Baker, Dave Owen, Deirdre Smith, and Sarah Schindler, for reading drafts of
this piece, and to the faculty of the University of Maine School of Law for useful discussion at a
faculty workshop. Thanks to Dean Peter Pitegoff for support of this project. I also appreciate the
help of the law librarians at the Garbrecht Law Library at the University of Maine School of Law,
particularly Julie Welch, in tracking down sources.

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