Has Nebraska Solved the Problem Presented by the Uncompensated Victims of Automobile Accidents?

Nine years ago the Nebraska Legislature enacted the Motor Vehicle Safety Responsibility Act in an attempt to solve the pressing social problem presented by uncompensated victims of Nebraska automobile accidents. The Supreme Court of Nebraska in upholding the act stated that its purpose was to protect the motoring public from the operation of motor vehicles by financially irresponsible persons. The act was designed to accomplish this purpose in two ways: (1) by the direct operation of its post-accident requirements and (2) by the indirect psychological effect of inducing owners and operators of motor vehicles to purchase automobile liability insurance to escape the possibility of suspension of rights or depositing of security with the state. It is the conclusion of this writer that the act falls far short of achieving its intended objective.

The purpose of this article is to discuss and evaluate the effectiveness of the Nebraska act and the supplementary and alternative plans enacted in other jurisdictions, and to advocate the adoption of a sound plan based upon compulsory automobile insurance.