Determinants of the decision to appeal against motor bodily injury settlements awarded by Spanish trial courts

Automobile bodily injury disputes represent one of the main causes of litigation faced by Spanish Courts. In this paper a multinomial model is implemented to analyse which factors determine the decision to appeal against the verdicts of trial courts. Use of a dataset of motor insurance claims revealed differences between the determinants of a claimant’s decision to appeal and those of insurers. Among other results it is shown that discrepancies regarding the permanent disability sustained affect the insurer’s decision to appeal. In contrast, the claimant pays more attention to differences in the stated temporary disability. Conclusions are drawn regarding which factors could reduce the percentage of appealed cases.

Induced maritime accidents

Humanity system of life is highly supported by maritime transport when circa 8 thousand million people require about 8.800 million tons of merchandises by sea, going in some 105.000 merchant ships of over 100 GT, sailing every thinkable dangerous waters 365 days year 24 hours day. All that Enormous activity plus others different factors produce accidents, as is shown in an ascendant 1.7 rate related to ships lost with big number in life, cargoes losses, and pollution. That is why this study pretend to detect causes factors of maritime accidents, to try to reduce them, and with that targetin mind it was tested the new theory of Induced Maritime Accidents, crossing itsproposals with relevant sinister of different times and circumstances, as Andrea Doria, Torrey Canyon, Costa Concordia, among others. Those cases were re evaluated to establish the key points of such theory, as they are the Production Pressure, the Risk Homeostasis, technological advances and the rupture of safety margin. Cases studies gave as result the existence of referred key points, in a manner combined that the chain of events derived to the fatality, and more than that highlights the possibility that been suppressed to acceptable limits the production pressure or the risk homeostasis, a permissible safety margin were been maintained, avoiding catastrophe.