Triple-I/CAS Analysis Finds Motor Vehicle Tort Filings Reach 30-Year High
Rising Litigation Adds Pressure to Auto Liability Costs
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Motor vehicle lawsuits have risen sharply over the past decade, adding to costs that can affect what consumers pay for auto insurance, according to a new analysis from the Insurance Information Institute (Triple-I) and the Casualty Actuarial Society (CAS).
The report, Motor Vehicle Tort Litigation Continues to Outpace Claims Frequency found motor vehicle tort filings grew significantly faster than the broader federal civil court system from 2015 to 2024. The analysis estimates the increase in motor vehicle tort litigation at $43.84 billion from 2015 to 2024, accounting for approximately 25.3% to 30.5% of the $143.6 billion to $173.1 billion in increasing inflation previously estimated for auto liability insurance by Triple-I and CAS during the same period.
“The data show a growing disconnect between motor vehicle tort litigation and underlying claims frequency,” said Sean Kevelighan, CEO of Triple-I. “The continued growth in litigation is another indication of how legal system abuse is adding to auto liability costs, ultimately affecting premiums.”
The findings build on previous research conducted jointly by Triple-I and CAS examining increasing inflation in liability insurance. The new research examines motor vehicle tort cases in both federal and state civil courts. Among its key findings:
- Federal motor vehicle tort filings reached their highest level in three decades. There were 6,809 motor vehicle tort filings in 2024, the highest annual number during the study period dating to 1995.
- Settlements are much more common in motor vehicle tort cases. Approximately 52.4% of disposed motor vehicle tort cases from 2015 to 2024 were settled, compared with 24.2% of total civil cases. Only 7.1% of motor vehicle tort cases received a judgment disposition, compared with 27.4% of total civil cases.
- Plaintiff awards have increased over time. The average amount awarded in federal motor vehicle tort judgments in favor of plaintiffs increased from $377,000 during 1995-2004 to $681,000 during 2015-2024.
- Federal court excess value totaled approximately $1.07 billion. The analysis estimates the excess value of motor vehicle tort filings in federal courts at approximately $1.07 billion from 2015 through 2024.
“The data suggest that liability loss trends may not be fully explained by claim frequency alone,” said Morgan Bugbee, FCAS, CAS vice president, research and practice advancement. “Changes in litigation activity, amounts demanded or awarded, and claim severity also contribute to insurance losses. Comprehensive and consistent court data would help actuaries, researchers and policymakers assess these relationships more precisely.”
Motor Vehicle Litigation Diverges from Broader Civil Case Trends
Federal court data illustrate a marked shift in motor vehicle tort litigation over the past three decades. Motor vehicle tort filings declined at an annualized rate of 2.8% between 1995 and 2008 and remained essentially flat between 2008 and 2014. From 2014 to 2024, however, filings increased at a compound annual growth rate (CAGR) of 5.0 %.
The trend becomes even clearer when filings are adjusted for the size of the economy. From 2015 through 2024, the frequency of total federal civil case filings declined at a CAGR of 0.9%, while motor vehicle tort filing frequency increased at an annualized rate of 4.5%.
The analysis also found growth in both no-fault and tort states. From 2015 to 2024, federal motor vehicle tort filings increased at a CAGR of 4.6% in no-fault states and 6.2% in tort states.
About the Study
Because most motor vehicle tort litigation occurs in state courts, the study introduces a second, state data-based methodology alongside the federal court-based approach. Comprehensive motor vehicle tort filing and disposition data were publicly available in 11 states as of 2024, representing approximately 50.6% of the U.S. population.
The analysis uses two separate methodologies to estimate litigation activity in states where complete information is unavailable. The two approaches are then blended to produce the estimated $42.77 billion in excess value for state motor vehicle tort litigation. The report cautions the estimate should be viewed in light of substantial differences in how states collect, define and make civil court data available.
The study identifies greater availability and consistency of state civil court data as a critical need for future research. More complete information on filings, dispositions, settlements and awards would enable researchers to better assess litigation trends and their relationship to insurance claim costs.
“Transparency matters,” Kevelighan said. “Reliable and consistent state court data would allow us to better understand where litigation costs are coming from, how they are changing and what they ultimately mean for consumers. What the available data already show is that litigation has become an increasingly important part of the auto liability cost equation.”
About the Insurance Information Institute
Since 1960, the Insurance Information Institute (Triple-I®) has been the trusted voice of risk and insurance, delivering unique, data-driven insights to educate, elevate and connect consumers, industry professionals, policymakers, and the media. An affiliate of The Institutes, Triple-I represents a diverse membership accounting for nearly 50% of all U.S. property/casualty premiums written. Our members include mutual and stock companies, personal and commercial lines, primary insurers and reinsurers – serving regional, national and global markets.
Triple-I is a registered trademark of the Insurance Information Institute. All rights reserved.
About The Institutes
The Institutes® are a not-for-profit dedicated to helping people and organizations succeed in the essential disciplines of risk management and insurance. Through numerous affiliated business units and brands, we educate, elevate, and connect students, professionals, and organizations by equipping them with the knowledge, skills, and collaboration they need to tackle the most complex risk management and insurance challenges. Backed by more than 115 years as a trusted knowledge partner, we empower people and organizations to create a more resilient world.
The Institutes is a registered trademark of The Institutes. All rights reserved.
About the Casualty Actuarial Society (CAS)
For over 100 years, the Casualty Actuarial Society (CAS) has been the trusted global authority advancing the practice of property and casualty (P&C) actuarial science, with nearly 12,000 members worldwide who apply their expertise to help people, businesses, and communities unlock opportunities and thrive in a rapidly changing world. The CAS delivers top-tier credentialing, cutting-edge research, and dynamic learning and professional development, grounded in real-world application and powered by a vibrant global member community. The CAS equips actuaries to advance their careers and deliver innovative, trusted solutions to complex and emerging P&C challenges.
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