What insurers should do is steeply jack up rates for first-time crashes when the driver is doing something irresponsible, and make these consequences public knowledge. But this isn't the best idea either -- now people with poor decision making skills get to choose between insurance and {booze, cell phones, ...}, and the party that loses is the person they hit while driving uninsured.
We have spent people's entire lives vilifying drunk driving. We haven't had nearly as much time to demonize texting and driving. Comparatively, it's a relatively new phenomenon, even if the act of driving while distracted (cheeseburger, conversation, just plain not paying attention) are not.
I've personally been in the car with someone who was so nervous and preoccupied with something that was on his mind, he rear ended a guy who was in front of us plain as day. He wasn't drunk, he wasn't texting, he was just thinking too much about things that weren't on the road. A lapse in judgement and observation and SMACK right in to the next guy's bumper.
Education on why it is a terrible, horrible idea to text while driving is certainty a step in the right direction, though I've always been a believer in making the punishment fit the crime. Driving while texting and cause an accident? Take away your ability to send/receive text messages.
Lets imagine I could insure myself against irresponsible gambling. What are the odds then? Who pays?
If a model doesn't work, it doesn't work.
1) You require all gamblers to furnish proof of insurance against large losses
Problem solved! Private insurance companies will only insure those that are unlikely to make poor bets, will engage in deductibles and caps to limit their losses on the few that will be irresponsible.
The cost is that all people will have to fund the first-time offences of the irresponsible, but for driving that's an inefficiency that is probably worth it.