The concept of no-fault automobile insurance has provoked an extraordinary amount of heated discussion in the past decade. Several commentators have suggested that the intensity of emotional reaction to no-fault is not matched by a corresponding depth of knowledge on the subject. Few discussions have considered the impact of no-fault on the present automobile reparations system in terms of no-fault's effect on specific legal doctrines. This comment proposes to examine one such traditional doctrine, the automobile guest passenger law, in light of existing state no-fault plans. At first glance, guest laws and no-fault insurance seem to embody similar philosophies. The former are designed to restrict the applicability of fault standards by immunizing a segment of the motoring public from the legal consequences of negligence. The latter rejects, in generally pejorative terms, the validity of a fault-centered reparations system.
"Guest Statutes: Another Fault with No-Fault,"
University of Dayton Law Review: Vol. 2:
1, Article 7.
Available at: https://ecommons.udayton.edu/udlr/vol2/iss1/7