3 ms·
I also independently landed on the notion that damages liability should be capped to a median car with similar damage. Beyond that the costs are on you / your
by nullc 3y ago
I also independently landed on the notion that damages liability should be capped to a median car with similar damage. Beyond that the costs are on you / your insurer.
Though generally in tort you take your victim like you find them... and there are good reasons for that.
A counter would i can go intentionally smash up some other rich guys fancy car and only be on the hook for the cost to fix up a median car. If I've a vindictive rich guy myself, then perhaps that's a good deal. A balancing fix would be median liability unless you can show the damage was intentional and malicious, but then that's inviting everyone to endlessly litigate about intent.
There are lots of other compromises possible, e.g. only liable for x% of the amount past the median, which I think would still be strictly better than the current situation.
- iggldiggl 3y agoIn Germany all car models are classified based on current accident and insurance payout statistics for the last three years, and that classification is one of the factors determining how much you need to pay for your insurance. So if you drive a model of car that is expensive to fix and/or frequently involved in accidents, you need to pay more.