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PaperclipPerfector  1yr ago (text post)   27196 thread views

Culture War Roundup for the week of November 20, 2023

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We wouldn't need to have those debates though if we relegated the question to the free market, and I'm wondering if there is any good reason why we don't just do that.

Why you think so?

Effect on public safety depends on how well payouts of insurance companies (via laws and court system) are correlated with damage to public safety.

If payouts for accidents caused by someone driving with sleep apnea without XYZ treatment are much higher, then insurance companies will demand the same as discussed here.

If they can avoid payouts while damaging public safety they will happily do this.

You still need to decide on payouts via legislation/shaping court system. With the same debates happening in a bit different place.

(unless you propose to privatise also legislation and court system and have multiple ones competing at once but that is clearly not "why we don't just do that.")

The level of competence that maximizes insurance company profits is not necessarily going to be the same as the level of competence which best* satisfies the tradeoff between public safety and the individuals' interest in being able to drive.

*There can of course be a variety of best tradeoffs, since "best" depends on how one weighs the competing interests. But insurance companies do not directly take either of those factors into account when deciding whether to insure someone.

But it likely does maximize the tradeoff between public safety and the individuals' interest in being able to drive plus their interests in saving other costs. And it probably maximizes the tradeoff you mentioned better than driver's licences do.

And it probably maximizes the tradeoff you mentioned better than driver's licences do.

I don't see how you can know that, nor is it likely to be true, given that the insurance company doesn't particularly care about either one.

The insurance companies want to maximize public safety so as to minimize their payouts. They want to minimize the costs for their policy holders to maximize the demand for their products.

  1. No company wants to minimize the prices they charge their customers. Rather, they want to charge the price that maximizes their profits.
  2. The fact that they want to mazimize sales (not demand, which is different), is part of my point. That desire is likely to lead them to permit relatively unsafe drivers to drive (at high premium prices, of course). Some of those drivers are likely to be people who cannot get licenses under current practices. That does not necessarily mean that current practices are more optimal than the alternative, nor that they are worse. It only means that they are different.

If they can profitably insure dangerous drivers, what is the problem? Society is being compensated for the risk those drivers pose.

No, only partially compensated. If I negligently run over and kill your child, the money is not going to fully compensate you for your loss. Ditto if I render her a brain-damaged quadriplegic.

The insurance companies want to maximize public safety so as to minimize their payouts.

No, they want to minimize payouts. Effect on public safety depends on how well payouts (via laws and court system) are correlated with damage to public safety.

If payouts for accidents caused by someone driving with sleep apnea without XYZ treatment are much higher, then insurance companies will demand the same as discussed here.

If they can avoid payouts while damaging public safety they will happily do this.

We wouldn't need to have those debates though if we relegated the question to the free market

Your simple faith in this religion of the free market is touching, I have to say. There's an argument that the instances in the original post are indeed over-regulation for the sake of it, but to put it all on the free market is optimistic in the extreme.

Every insurance company has its own licensing body? Multiple licensing bodies? Or in effect a monopoly? Any common standard, or LicenzRUz gives you one if you can turn the ignition on, nothing more required (and the insurance companies that take this licence then charge you out the nose for coverage) while Rules Rule Inc. ask for your family medical history three generations back?

Law cases even more lucrative for lawyers as the survivors of person killed in crash by "minimum requirements only" licence holder fight it out with the insurers, and judges have to rule on whether the driver was adequately licenced or not? This is where we get things like "Jet's Law" in the first place, and the subsequent over-reach. Adjusting the free market grave by grave may be one way of doing it, but I think most people would prefer a less final method than "Okay, fifty thousand extra deaths due to lax licence rules, pressure on insurers to put pressure on third party bodies to tighten up their requirements".

Whatever way you do it, the government is going to get dragged in by cases such as led to Jet's Law. After all, the 'free market' allowed the epileptic driver to operate a vehicle, and it was the consequences of that which involved the government:

The State Coroner recommended the following actions be taken:

Review of practices concerning the forwarding of discharge summaries from hospitals in Queensland (both public and private) to ensure uniform consistent practice in forwarding a patient's discharge summary to the patient's general practitioner.

Review of legislation to require any doctor becoming aware of a patient suffering any epileptic event which would, in that doctor's opinion adversely impact on the patient's ability to safely drive a motor vehicle, to specifically discuss the issue with the patient at the consultation. The legislation should require the doctor to; (i) advise the patient if the doctor considers it inappropriate to continue to drive, (ii) set a period of time and/or refer the patient to an appropriate specialist for further management and advice concerning suitability to drive. (iii) provide written confirmation of the doctor's advice to the patient.

Review of legislation to consider whether and in what circumstances a driver, and/or a treating doctor should be required to inform the Transport Department of a medical condition (such as epilepsy) or a change in the medical condition of a person impacting on their ability to safely drive. Consideration of whether sanctions should apply against a driver and/or a treating medical officer if they fail to report relevant information.

Review of legislation (after consultation with relevant interest groups) to consider a panel of independent doctors available to accept referrals for assessment of suitability to drive in the context of epilepsy. The panel would be available to review a driver's eligibility to drive and to inform the Department of Transport accordingly.

Initiative by the Department of Transport or other appropriate agency or authority to publicise both to the public and the medical profession the Guidelines for Fitness to Drive. Emphasis should be given to a responsibility to review a person's fitness to drive in circumstances where there is any alteration in the person's medical condition likely to impact on their ability to safely drive a motor vehicle.

Review of current Australian standards of child safety restraint mechanisms taking into consideration world best practice standards, despite Jet having been restrained properly.

Your simple faith in this religion of the free market is touching, I have to say. There's an argument that the instances in the original post are indeed over-regulation for the sake of it, but to put it all on the free market is optimistic in the extreme.

If it were faith, I wouldn't be asking for reasons why it might not work. I don't think you're quite going this far, but there's this really common and very annoying thing that a lot of people do where, if you express any kind of belief that markets ever work, you're accused of being a free market fundamentalist. It's a subject on which people struggle to see nuance and seem to default to gesturing vaguely at market failures which they've heard exist but can never explain why any given case is one.

Every insurance company has its own licensing body? Multiple licensing bodies? Or in effect a monopoly? Any common standard, or LicenzRUz gives you one if you can turn the ignition on, nothing more required (and the insurance companies that take this licence then charge you out the nose for coverage) while Rules Rule Inc. ask for your family medical history three generations back?

Competition and choice would be great, but we can't do worse than the current monopoly.

Law cases even more lucrative for lawyers as the survivors of person killed in crash by "minimum requirements only" licence holder fight it out with the insurers, and judges have to rule on whether the driver was adequately licenced or not?

Why would it matter whether the driver was licensed? The compensation would be based on the harm caused and who was at fault. Why would this be any more difficult than it is already?

This is where we get things like "Jet's Law" in the first place, and the subsequent over-reach.

How so?

Adjusting the free market grave by grave may be one way of doing it, but I think most people would prefer a less final method than "Okay, fifty thousand extra deaths due to lax licence rules, pressure on insurers to put pressure on third party bodies to tighten up their requirements".

I'm not following this at all. What do you mean by "final"? Why would there be an increase in deaths? Why would there be any kind of grave-by-grave adjustment of the free market?

Whatever way you do it, the government is going to get dragged in by cases such as led to Jet's Law. After all, the 'free market' allowed the epileptic driver to operate a vehicle, and it was the consequences of that which involved the government:

Why would the government get dragged in?

Why would the government get dragged in?

Because the government has the legislative power, and when the public want Something Must Be Done, it's the government that gets called on to do it - mostly to pass laws so This Can't Happen Again.

Why would there be an increase in deaths?

Very simple example: If I speed, I cop a fine and a certain number of demerit points off my license. If I lose too many demerit points, I lose my license and risk going to jail if I continue to drive without a license. All of this applies pressure to me to drive at a safe speed.

In an insurance-only system, I face no penalty until I cause a crash and potentially kill someone.

Your insurance company could impose penalties on you as part of the agreement to be insured by them. They could also do things to prevent you from getting in the accident in the first place. The whole point of my proposal is that insurance companies should have the same tools available to them to prevent accidents as we currently give the government (including the right to issue and revoke licences to their customers), but with the only difference being an incentive to do it right.

But the tools governments have to prevent accidents include ones like:

  • putting you in jail
  • forcing you to pull over and be breath-tested for alcohol
  • impounding your car
  • directly garnishing fines from your bank account

Are you okay with giving an insurance company those tools?

Yes. It would be agreed to as part of your insurance contract.

Seems like a lot of people would choose not to sign an insurance contract.

How is criminal law meant to tie into this? People who value retributive justice aren’t going to be satisfied with someone simply getting sued out their arse.

I guess they won't be satisfied then. I don't think the justice system should be retributive.

Well there’s your problem, most people think crimes like murder, rape, and manslaughter should receive retributive punishment. Simply shrugging your shoulders and going “well I don’t agree” is why the types of ideas you’re preposing won’t ever see widespread acceptance.

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