[net.legal] Seat Belt Insurance Policy

alan@sun.uucp (Alan Marr, Sun Graphics) (07/30/85)

I think that offering insurance coverage for two options (user
and non-user) would be a good idea.

It is claimed that it is easy to cheat.  In most accidents it
should be easy to tell.  A significant number of non-users end
up dead.  Others are unconscious.  Some are thrown clear of the
car, or across the car to the other side.  Others would be too
dazed to think of buckling up afterwards.  The nature of the
injuries would often be decisive.  For example, if a person's
forehead is caved in from hitting the dash the force of the
accident would probably cause belt bruises on wearers.
Showering glass particles would probably leave a shadow where
the belt is.  Patterns of blood on clothing and the belt would
indicate a lot to an investigator.

Even if people did successfully cheat some of the time, the
benefit in terms of lowered premiums to belt wearers would still
be sufficient to be desirable.

I am sure the insurance companies have statistics on how much
cost is incurred in paying to people in accidents who are
wearing seatbelts vs. those not wearing.  This would form the
basis for differential premiums, which I think would be rather
large.  Those carrying "belted" policies who are injured while
not wearing belts could be paid out at a rate proportional to
the differential.  Policies could be offered with four options:
(1) unbelted driver and passengers, (2) belted passengers,
unbelted driver, (3) belted driver, unbelted passengers, and (4)
belted driver and passengers.  The same differential payouts
could apply, although I think it would be advisable to only
offer two options depending on the driver wearing or not wearing
a belt and pay out for passengers regardless, since a passenger
often would not know what kind of policy the driver carries and
could in any case be purposely mislead by the driver.

The argument that requiring occupants to wear seatbelts
infringes on their freedom is often buttressed by analogy to
risky things like hang-gliding.  While I am less in favour of
seatbelt legislation as time goes by, (especially when choices
can be offered as in insurance options), I would like to refute
the argument.  The analogy is not strictly applicable since it
is impossible to hang-glide without hang-gliding but it is
possible to sit in a moving car wearing seat-belts.

The point that the foolishness of non-users costs all of us has
not been made strongly enough.  By far the greatest cost to
society is the loss of productivity and creativity from the
injured and the dead.  Of course, anyone has the right to be
unproductive and uncreative.

Seatbelts on drivers help them maintain their position at the
controls and therefore lessen the chance that they will lose
control after primary collisions or unforeseen gyrations (i.e.
skids).  Thus they lessen the chance that they will hit oncoming
traffic or pedestrians thereby injuring or killing innocent
bystanders.