"Ubi lex distinguit, distinguere debemus", une Approche Economique de l'Indemnisation des Dommages Corporels

Matthieu Solignac

Working Papers from HAL

Abstract: In most economic models of damage compensation, the indemnity is proportional to the fault and victims have to file the claim. Contrary to the tort law approach, a growing number of reparation mechanisms choose to ignore the fault ("no-fault law") to compensate damages in their entirety. The Badinter law, which regulates the compensation of damages from traffic accidents in France, is a perfect example. One particular feature of this setting is that the party paying for the damages is likely to have imperfect information on the actual value of the loss and has to make an out-of-court offer. In turn, the victim has the option to accept the offer or to go to court. This study develops a model with these particular features based on the fact that unobserved component of the damages are correlated with observed ones. Estimation of the model is conducted on AGIRA files for all settlement between 2004 to 2006. We find a negative correlation between observed and unobserved dimensions of damages. The model explains the fact that compensations for each component of the damage is higher in out-of-court settlements, while the global indemnity is higher for in-court settlements and is mainly chosen by the most injured.

Keywords: litigation and settlement; corporal damages compensation; road traffic injuries; bargaining model; indemnisation; dommage corporel; accident de la circulation; négociation (search for similar items in EconPapers)
Date: 2014-04
Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-00978575
References: Add references at CitEc
Citations:

Downloads: (external link)
https://shs.hal.science/halshs-00978575/document (application/pdf)

Related works:
Working Paper: “Ubi lex distinguit, distinguere debemus”, une Approche Economique de l’Indemnisation des Dommages Corporels (2014)
Working Paper: "Ubi lex distinguit, distinguere debemus", une Approche Economique de l'Indemnisation des Dommages Corporels (2014)
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:wpaper:halshs-00978575

Access Statistics for this paper

More papers in Working Papers from HAL
Bibliographic data for series maintained by CCSD ().