An alternative to the no fault Accident Compensation Scheme in New Zealand

New Zealand has a unique government monopoly since 1974 which provides compensation for personal injuries from accidents wherever they may occur in New Zealand.

The right to sue in court under tort law was abolished. Instead, there is a lower but more certain right to be compensated for loss of income and medical expenses and various other losses. The scheme is funded by a levy of about 1.4% on incomes earned, insurance premiums paid by employers and levies on motor car registrations.

The scheme essentially folds no fault workers compensation and no fault car accident insurance into a scheme that covers you for all other accidents.

What is peculiar is the abolition of the right to sue in court for ordinary damages. I never liked this taking away of the right of vindication in court.

In Australia, they have a much simpler system in some states. You can sue for personal injury under the common-law, but any damages you might win for loss of income, medical expenses and other losses is deducted dollar for dollar from any of damages you might be awarded under the compulsory insurance scheme for either workplace or car accidents. This system allows everyone to be compensated to some degree and protected against judgement proof employers, car owners and other wrongdoers. It also saves on legal costs.

The Australian dual system both gives people the right of vindication and allows those who are poorly compensated by the government monopoly to continue to be compensated for losses. For example, the compensation for lost income under the government monopoly is based on your last 12 months income rather than prospective income. This seriously disadvantages young people and students in particular at the start of their working lives and mothers who are out of the workforce.

Another thing I like about the Australian system and deeply dislike about the New Zealand system is you do not have the right to sue cowboy employers to bankrupt them.

The system of funding in New Zealand is simply a flat rate premium applies the different occupations. Premiums do not increase for high risk employers or employers who repeatedly have accidents because they are careless or negligent. This increases the number of accidents and deaths. The penalties for workplace accidents and deaths under New Zealand workplace safety regulation are rather weak. Reckless employers are fined, no one is bankrupted nor goes to prison.

The government monopoly insurer of personal accidents in New Zealand also doesn’t pay for pain and suffering. Initially it did, but that right of compensation was taken away as a cost-cutting measure about 20 years ago. Prior to that pain and suffering compensation was initially limited  to $10,000, then increased to $17,000 before it was abolished.

This lack of a legal remedy  for the pain and suffering from a personal injury is a grave injustice. The courts were pretty stingy on pain and suffering, so the government monopoly has taking away what was a pretty limited right anyway, but a very important right nonetheless. That common-law right was to be made whole again after being injured wrongfully.

What is the next best explanation for this dramatic fall in crime rates in Chicago?

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Lessons from a Feminist Paradise

via http://www.aei.org/publication/lessons-from-a-feminist-paradise-on-equal-pay-day/

Wacky warning labels finalists




 

 

 

Useful advice for people who don’t heed warning signs

HT: overlawyered

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William Blackstone’s maximum

All presumptive evidence of felony should be admitted cautiously; for the law holds, that it is better that ten guilty persons escape, than that one innocent suffer.  - William Blackstone

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Rowan Atkinson on the right to offend

When divorce lawyers can advertise

the number of terrorist incidents driven by religion has increased dramatically since 2000

HT: wonkblog

Lord Camden on an Englishman’s Castle

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Richard Posner on the law and economics of the family

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Greece’s problem is Rule Of Law

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Why do economic consulting firms exist?

Directors’ duties are the reason why the companies hire economic consultants. What consultants say isn’t important; the fact that simply the directors of a company sought advice is what matters. Same goes for the public sector: you must know what you’re doing,  you took advice from outside experts.

Central to avoiding being sued if the company goes broke, or otherwise gets into a spot of bother, is the directors show that they acted responsibly.

Central to this is they can show they took advice from esteemed advisers: an accountant, a lawyer and an economist. If they did so, they must be responsible prudent directors because they took advice.

Deirdre McCloskey argued that the advising industry lives off 19th century case law on directors’ and trustees’ duties.

If you take advice – from an accountant, a lawyer or an economist – and the business or investment still fails, it can’t be your fault that you lost the widow’s and orphans’s inheritance.

You took advice. That is what that 19th-century court held with regard to what directors do and do not have to do given the fact that are not involved in the business on a day to day basis.

James Burk, a sociologist and former stockbroker… found that the advice giving industry sprang from legal decisions in the early 19th century.

The courts began to decide that the trustee of the pension fund or a child’s inheritance could be held liable for bad investing if they did not take advice. The effect would have been the same had the court decided that prudent man should consult a Ouija boards or the flight of birds…

America decided through its courts than an industry giving advice on the stock market should come into existence, whether or not it was worthless.

Therefore, it doesn’t matter what you say as a consultant economist to a company, the fact you’ve said something to them is more important to them than what you are saying. Seeking and receiving your advice excused them from being sued for breach of their directors duties for a couple of days.

Lord Bingham on parliamentary sovereignty versus judicial review

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Spot the jihadist translated from French

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