TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, January 18, 2013

Wriggins on Compulsory Auto Insurance and the Health Care Mandate

Jenny Wriggins has posted the final version of her paper analogizing the two, entitled Mandates, Markets, and Risk:  Auto Insurance Mandates and the Affordable Care Act, it is available here.


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The ACA Mandate is still fundamentally different from mandatory auto insurance. A person can avoid purchasing auto insurance by deciding not to own or drive a car. If the federal government were to proclaim that all people living in the US had to buy auto insurance because they will eventually use transportation, then the analogy would be better. Or if it had been argued that those who don't have auto insurance are a bunch of selfish freeloaders who are taking advantage of everyone else. Also, states generally don't subsidize insurance payments for those who can't or won't afford it. States don't set insurance pools with artificially lower rates. There is no equivalent to Medicaid or Medicare in auto insurance. And finally, there is no politicization concerning what is covered, or not by auto insurance.

Posted by: Tony Francis | Jan 18, 2013 6:22:37 AM

Thanks for this post. I wonder if the auto insurance guys in Edmonton know about these statistics. Thanks again.

Posted by: Richard Wright | Apr 5, 2013 3:40:43 PM

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