No fault compensation for victims of road accidents: can it be justified?

Lewis, Richard Kurt ORCID: https://orcid.org/0000-0002-4304-085X 1981. No fault compensation for victims of road accidents: can it be justified? Journal of Social Policy 10 (2) , pp. 161-178. 10.1017/S0047279400010618

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Abstract

This article considers the reasons given for the creation of a no-fault compensation scheme for victims of road accidents. In particular the article examines the work of the Royal Commission on Civil Liability and Compensation for Personal Injury and evaluates its proposals by reference to its analysis of whether preferential treatment for road accidents can be justified. The policy options for the future development of welfare provision for the disabled are thereby thrown into sharp relief: each justification given is of relevance to other accident victims; the political nature of the reform is exposed when considering why one particular group is to be preferred to another; and the rationale supporting the existence of the many regimes of compensation in tort and social security is called into question. The role of Commissions in policy making and the structural limitations upon their deliberations are also discussed. In sum the article provides a case study of what has been called ‘the strain of seeking to justify the different treatment for various categories of misfortune’.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > KD England and Wales
Additional Information:	Pdf uploaded in accordance with publisher's policy at http://www.sherpa.ac.uk/romeo/issn/0047-2794/ (accessed 25/02/2014).
Publisher:	Cambridge University Press
ISSN:	0047-2794
Date of First Compliant Deposit:	30 March 2016
Last Modified:	23 May 2023 23:15
URI:	https://orca.cardiff.ac.uk/id/eprint/29436

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