NDLI: Modelling appellate courts’ responses in motor injury disputes

Content Provider	Springer Nature Link
Author	Santoli, Miguel Söderberg, Magnus
Copyright Year	2012
Abstract	Motor third-liability insurance is compulsory in the European Union. We examine the behaviour of Spanish appellate courts in the context of motor liability insurance and pay particular attention to four characterising features. Specifically, we investigate (1) how the appellate court interprets the rules for updating the financial compensation when the courts’ ruling is made in a different year to that in which the motor accident occurred; (2) the response of the appellate court when its legal medical evaluation differs from the court’s decision; (3) whether the appellate court modifies the criteria when the insurance company was not charged with interest for delaying payment in the first instance; (4) whether the fault allocated by trial courts is revised by the appellate court. We apply a multi-categorical selection mechanism to deal with samples that are potentially non-random. This allows us to separately consider the characteristics of victim’s and the insurer’s decisions to appeal. The results indicate that disputing agents have significantly different appeal functions, where insurers show a more effective and consistent behaviour than victims.
Starting Page	393
Ending Page	407
Page Count	15
File Format	PDF
ISSN	09291261
Journal	European Journal of Law and Economics
Volume Number	38
Issue Number	3
e-ISSN	15729990
Language	English
Publisher	Springer US
Publisher Date	2012-10-27
Publisher Place	Boston
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Appeal Sources of uncertainty Injury claim Selection bias Multi-categorical selection Law and Economics European Integration Public Finance & Economics Commercial Law
Content Type	Text
Resource Type	Article
Subject	Business and International Management Law Economics and Econometrics

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