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Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts

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  • Santolino, Miguel

Abstract

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. Evidence of the claimant's higher risk-averse behaviour is found. Conclusions are drawn regarding which factors could reduce the percentage of appealed cases.

Suggested Citation

  • Santolino, Miguel, 2010. "Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts," International Review of Law and Economics, Elsevier, vol. 30(1), pages 37-45, March.
    • Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:37-45
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    1. Florian Smuda & Patrice Bougette & Kai Hüschelrath, 2015. "Determinants of the Duration of European Appellate Court Proceedings in Cartel Cases," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1352-1369, November.
    2. Miguel Santolino & Magnus Söderberg, 2014. "Modelling appellate courts’ responses in motor injury disputes," European Journal of Law and Economics, Springer, vol. 38(3), pages 393-407, December.
    3. Mercedes Ayuso & Lluís Bermúdez & Miguel Santolino, 2011. "“Influence of the claimant’s behavioural features on motor compensation outcomes”," IREA Working Papers 201108, University of Barcelona, Research Institute of Applied Economics, revised Jun 2011.
    4. Ayuso, Mercedes & Bermúdez, Lluís & Santolino, Miguel, 2015. "The dynamics of one-sided incomplete information in motor disputes," International Review of Law and Economics, Elsevier, vol. 41(C), pages 77-85.
    5. Hüschelrath, Kai & Smuda, Florian, 2014. "The appeals process: An empirical assessment," ZEW Discussion Papers 14-063, ZEW - Leibniz Centre for European Economic Research.
    6. Miguel Santolino & Magnus Söderberg, 2011. "The influence of decision-maker effort and case complexity on appealed rulings subject to multi-categorical selection," IREA Working Papers 201115, University of Barcelona, Research Institute of Applied Economics, revised Sep 2011.
    7. Kai Hüschelrath & Florian Smuda, 2016. "The Appeals Process in the European Commission's Cartel Cases: An Empirical Assessment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(2), pages 330-357, June.
    8. Miguel Santolino & Catalina Bolancé & Manuela Alcañiz, 2011. "Factors affecting hospital admission and recovery stay duration of in-patient motor victims in Spain," IREA Working Papers 201119, University of Barcelona, Research Institute of Applied Economics, revised Oct 2011.

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