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ABA Family Legal Guide

Automobiles

Accidents and Insurance

Insurance

What are the pros and cons of no-fault laws?

The purported advantage of no-fault laws is that the injured party is reimbursed relatively promptly by his or her insurance company, saving the party from a protracted court case. On the debit side, no-fault laws restrict the injured person's right to sue the other driver for general damages. No fault insurance has also been criticized for

  • not providing an incentive to drive safely, because both the careless driver and the innocent victim are entitled to the same compensation, and
  • not resulting in reduced insurance premiums, as promised by insurance companies.
    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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