The Blunder of No-Fault Insurance
One of the foundations of our tort-system is accountability. Those harmed at the hands of others careless or criminal actions deserve compensation. Those who act carelessly and cause harm ought to be held accountable by providing the compensation. This goes to our basic understandings of fairness.
When governments decide to strip people of their right to sue and instead create no-fault systems of compensation accountability is removed from the picture. This can lead to absurd results as demonstrated in a story published last week by the Globe and Mail.
Accountability matters. At its most basic level no-fault insurance takes away compensation rights of victims and redistributes these to those that cause harm. Examples such as the one pointed out by the Globe and Mail should act as a reminder to Government that removing accountability from the Civil Justice System is a fundamentally flawed policy.