Uninsured Cars, Employers and Guns

There are three big categories of activities that result in deaths and injuries—vehicles, employment and gun ownership. In two of these there is general agreement that the at-risk public should be protected by insurance provided by those who engage in the activities. This results in both in financial benefits to offset some of the losses and in reduction of the harm. The harm reduction comes through insurer loss prevention strategies and in a societal commitment to a culture of responsibility.

Not so with guns. Gun violence produces a quantity of deaths about the same as those from vehicles and several times those from employment accidents. This is in spite of the fact that gun ownership is a much smaller part of the economy than employment or vehicle use.

Even more, most states recognize the need for public protection and provide for benefits to persons harmed when the responsible party cannot be identified or does not provide the required insurance. Contributions to an uninsured vehicle or employer fund in a state are generally required from insurers and ultimately paid by all drivers or employers. The uninsured tend to be less responsible and the cost is substantial when their numbers are significant. This provides an incentive for effective enforcement of the insurance requirement.

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Concealed Carry Reciprocity and an Insurance Requirement

Proposed bills have been introduced in the House (HR-38) and the Senate (S-446) which would allow holders of permits to carry firearms in all states. They have gathered a substantial number of sponsors. The current language of the bills is very broad and would not only prevent state restrictions on out of state permit holders but allow residents of states without a permit requirement to carry firearms nationwide. There are provisions to allow persons arrested under state laws to recover damages and legal expenses.

If this law passes states will have great difficulty enforcing any restrictions on gun carrying because of the difficulty in establishing that a person is not a resident of another state and because of the difficulty of checking the validity of out-of-state permits. There will be great pressure on states to relax requirements for their own citizens to match those of other states with no restrictions.

In this situation, an insurance mandate could be very important in providing at least some responsibility requirement.

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The Workers’ Compensation Bargain. A Model for Gun Insurance?

This is the second post in a series about workers’ compensation insurance as a model for mandating gun insurance.  The series starts with Firearms and the History of Workers’ Compensation.

The two sides of the bargain

The Great Bargain of Workers’ Compensation is called that because employers gain immunity from lawsuits for negligence from their workers and the workers gain certainty that they will be compensated for work injuries by compulsory insurance purchased by the employers.   As the first post in this series described; the system came out of an intense reform effort from many people determined to protect and benefit workers; but employers, especially the larger firms, also pressed hard for enactment of the system.  The result was adoption of compulsory insurance in many states before 1920.  Even in states where an employer could elect not to participate (still allowed in Texas) nearly all employers opted in to get protection from liability.

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Firearms and the History of Workers’ Compensation

This is the first of a series of posts which are designed to show that workers’ compensation systems, insurance and laws are an excellent–the best that we have–model for dealing with gun violence victim compensation and for reducing that victimization.

A little over one hundred years ago, our country faced a crisis that was quite similar to the gun violence problem that we now face.  Industrial and work related accidents were completely out of hand, producing deaths and injuries that reached almost every family.  Looking back on my own family history, a great uncle on my fathers side was killed and my mothers grandfather lost an arm–both in railroad accidents of that era.  It’s mostly forgotten today but it was a great issue at the beginning of the twentieth century.

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