" ' II :s AP analysis CADET SLOUCH by Jim Earle No-fault plan aids drivers AUSTIN (A*) — Two cars ap proached an unmarked intersec tion in a light rainstorm. For reason never quite clear, they collided, injuring both driv ers. Each driver exhausted his hos pital insurance benefits and the medical payments provided in his own autp policy. But hospital and doctor bills continued to pile up and wages were lost. Neither would admit blame for the accident, and there was not enough evidence to pinpoint who was at fault. Both would have sued, but neither could get a lawyer to touch the case. “You can’t win an open inter section case,” says Jack Eisen- berg of Austin, president of the Texas Trial Lawyers Association. So both drivers and their fam ilies were burdened with heavy expenses and had no foreseeable way to pay them. This is a fictional case, but it illustrates why a growing but still small groups of Texans ad vocate some form of no-fault car insurance. No-fault coverage would pay accident victims their out-of- pocket expenses for medical care and lost wages, regardless of whether they caused a traffic mishap. Under the present liability sys tem, the insurance company of the driver who was at fault pays the “innocent” victim' In most cases the victim accepts a cash settlement, but sometimes it takes a jury trial to determine blame and damages. And you must be 100 per cent innocent to collect. In today’s high speed, congest ed traffic, and with the fallibility of human senses, it often is dif ficult to reconstruct an accident, no-fault advocates point out. Therefore, they conclude, it is only fair to provide a way for all injured victims to recover their expenses. Uncompensated traffic victims, they add, are a major so cial problem. Two former Texas residents — Harvard law Prof. Robert Keeton and former state Assist. Atty. Gen. T. Lawrence Jones, presi dent of the American Insurance Association — are leading advo cates of the no-fault approach. Both the Houston Chronicle and the Texas AFL-CIO have: urged a no-fault "insurance law for Texas. Opposing no-fault insurance are the Texas Trial Lawyers Associ ation, all three members of the State Insurance Board and vari ous statewide organizations. Eisenberg defends the 30-40 per cent “contingent fee” that victorious plaintiffs’ attorneys collect in auto accident cases. He says the fee “makes it possible” for the poor to hire lawyers. Massachussets passed the first no-fault law this year, and Insur ance Board member Charles Ma thews says it has reduced the availability of car insurance. “If you have no-fault insur ance, that means people lose all incentive to be careful drivers. They say, ‘What the hell, I’m in sured, the company pays off,’ ” Mathews claims. Eisenberg said the public wants a system that forces a person who wrongfully injures another to pay. Or, more precisely in most auto cases, his insurance company pays. Keeton, brother of University of Texas law Dean Page Keeton, told a gubernatorial committee on car insurance last year that a no-fault plan which he co-author ed would reduce car insurance rates 25 to 30 per cent. This would come about, he ex plained, by eliminating medical payments and uninsured motor ists coverage from car insurance policies, reducing liability needs, curtailing court expenses, elimi nating awards for pain and suf fering and deducting payments from medical insurance and sick leave plans. Texas Insurance Commission er Clay Gotten said no study has been made of the effect of no fault on Texas rates, which prob ably will be increased again be fore Jan. 1. Various rate studies have been made elsewhere, but each side disputes the other’s statistics and conclusions in the debate over no fault. “Nobody knows what the cost will be until we get some kind of statistics out of Massachu setts,” Eisenberg said. The .“new Massachusetts law allows an accident victim to col lect up to $2,000 from his own insurance company for medical expenses and lost wages, regard less of fault. One could not be re imbursed, however, if he became involved in an accident while drunk, drugged, evading officers or committing a felony. In one of the most controver sial parts of the law, Massachu setts legislators ordered an across the board 15 per cent reduction in rates for all kinds of car in surance in 1971. Massachusetts residents retain the right to sue for damages over $2,000. Jones, president of the Ameri can Insurance Association, told a paid; and there are no objective standards for out-of-court settle ments. Eisenberg defends the fault system but says it needs fixing. One needed reform, he said, would abandon the rule that a victim cannot collect a cent if a jury finds he contributed in the slightest to an accident. He ad vocates “comparative negligence,” which would allow the least guilty to collect at least a percentage of his expenses. “You can argue that any sys tem at some point breaks down, but a jury is the only mechan ism we have through which we can arbitrate our disputes,” he said. Roy Evans, secretary-treasurer of the Texas AFL-CIO, says no legislator has agreed yet to spon sor a Texas no-fault bill, and he harbors no illusion that such a measure can or will be passed next year. “We don’t expect it to be passed in 1971, but discussion of it would be healthy,” he said. Mail’s (Continued from page 1) —and is a discriminatory law against the poor, Guttmacher said. “This restrictive law uses the psychiatrist as a middle man to proclaim the mother possibly sui cidal to obtain an abortion,” he said. “This discriminates against the poorer mothers. “My position is that abortion should be a medical decision be tween doctor and patient,” Gutt macher said. However, responsibility and maturity with both premarital and postmarital sex is a necessi ty, he added. Promiscuity either before or after marriage will cheapen any relationship, Guttmacher said, adding the pill or any other con traceptive device should not be used as an excuse to jump in bed. The new sexual mores of to day’s youth has created prob lems in the rising number of un wanted children, estimated con servatively at 20 per cent of all births, Guttmacher said. Now there are no laws con- “At first I was opposed to building it for ecological reasons, but if we had to, I think the next class should, too!” Page 2 THE BATTALION College Station, Texas Wednesday, December 2,1970 For all your inaUrailfce needs See U. M. Alexander, Jr. ’40 221 S. Main, Ifryhn 823-0742 s State Farm Insurance Companies - Home Offices Bloomington, 111. BOOK YOUR CHRISTMAS PARTY AT THE MEMORIAL STUDENT CENTER A bowl of Wassail will be furnished FREE with each party or banquet held between December 10 and Christ mas. 'Quality First” . i'nuw tnere are no taws con- U. S. Senate subcommittee the straining con t r aception and there present liability system is a fail ure. He said too few recover their actual expenses; those with mi nor hurts are overpaid; victims with major injuries are under- are adolescent clinics which sup ply birth control information to colleges and high schools, he said. “We are going to have to ask ourselves—is being pregnant pragmatic ?” Bulletin Board TONIGHT Civil Air Patrol will meet at 7:30 p.m. in the conference room of the Teague Building to hold an instrument ground school. Nonmembers may attend, but are requested to pay a $15 fee. Entomology Wives Club will 2:30 3 ( 5 ) 15 (12) 3:00 3 ( 5 ) 3:30 3 ( 5 ) 15 (12) 4:00 3 ( 5 ) 15 (12) 5:00 3 ( 5 ) 15 (12) 5:30 3(5) 15 (12) Edge of Night Sesame Street (PBS) Gomer Pyle Town Talk University Instructional Dark Shadows What’s New (NET) General Hospital Misterogers’ Neighborhood (NET) CBS News Sesame Street (PBS) 6:00 6:30 3 (5) 3(5) 15 (12) 7:00 3 ( 5 ) 8:00 8:30 9:00 10:00 10:30 11:30 15 (12) 3 (5) -5 (12) ( 5 ) (12) ( 5 ) ( 5 ) (5) Evening News Courtship of Eddie’s P’ather Campus and Community Today National Geo graphic Special NET Playhouse Johnny Cash Homewood (PBS) Hawaii Five-0 Flick Out (PBS) Final News Dan August Richard Diamond If you’re on Midwest Video’s cable you are going to see more. (adv) meet at 8 p.m. at the home of Mrs. Carol Everett, 2501 Roun tree Dr. in Bryan. THURSDAY Irving Hometown Club will meet at 8 p.m. in the Birch Room of the MSC to plan for the New Year’s party. San Angelo-West Texas Home town Club will meet at 7:30 p.m. in the MSC. Texas A&M Motorcycle Club will meet at 7:30 p.m. in the So cial Room of the MSC. Pecan Valley Hometown Club will meet at 8 p.m. in room 2A of the MSC. San Antonio Hometown Club will meet at 7:30 p.m. in room 145 of the Physics Building to discuss plans for the Christmas party. Dallas Hometown Club will meet at 8 p.m. in rooms 2A-B of the MSC to discuss the New Year’s party. Sociology Club will meet at 7:30 p.m. in room 104 of the Ag riculture Building to see a slide show by Dr. Nelson on the Mid dle East. MONDAY Industrial Education Wives Club will meet at 8 p.m. at the home of Dr. and Mrs. Donald Clark, 3801 Stillmeadow Dr. in Bryan to elect officers for the spring semester and hold a “Holi day Tasting Bee.” CASA CHAPULTEPEC OPEN 11:00 A. M. CLOSE 10:00 P. Wf. 1315 COLLEGE AVENUE — PHONE 822-9872 , j SPECIALS GOOD TUE-, WED., THUR. BEEFTACOS, BEANS - RICE CHEESE TACOS, BEANS - RICE :r CHALUPAS WITH GUACAMODE « CHALUPAS WITH CHEESE - BEANS 3 HOME MADE TAMALES WITH PRIED BEANS 3 BEEF ENCHILARAS, BEANS - RICE 3 CHEESE ENCHILADAS. BEANS - RICE 2 CHILES RELLENOUS WITH SPANISH RICE AND CHEESE SAUCE 1 GUACAMOLE SALAD - 2 CRISPY TACOS 1 MEXICAN DINNER COMPLETE FIESTA DINNER Combination Salad, Beef Taco, Three Enchiladas, Beans, Rice Tortillas and Hot Cheese Dip and Tortilla Chips. Regular $1.50 tP-LI_y TACO DINNER Two Beef Tacos, One Chili Con Q u e s o, Combination Salad, Tortillas and Hot Sauce, Cheese Dip and Tortil la Chips. Regular Afk $1.25 WC' Aul_ QOPimt IT't USXb. HM - top f I j FOE/ -rvAofcs -f=ev - SBr bee.. 3 -0(_T>£_N FLOUR 6 \b. kmMT Siz-E uJrrH * S\oo ■pufc-cjrtPise oe. KVOR.E THRO, t KIT BOLD O.S.Ho.N Pa)SS.E"T POTATOES CORN A- 89 PRESERVES 39 apple snoce 5 -1. 00 FR.OIT COCKTAIL 3 19 HfcLbOuJ C.L.I NC. pepcWES 3v:, 89 C?9 8lb. 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Address: The Battalion, Room 217, Services Building, College Station, su 50 bscriptio 3ns 1 J are §3.50 All P« ub: semester; $6 per school icriptions subject to 4(4% Texas 7784 ion 3. 1969 TPA Award Winner origin matter ise cred publish- herein he to it or of spontar on not spontaneous of all other Mem be are: J im bers of the Student Publications Board Lindsey, chairman; H. F. Eilers, College of Liberal Arts; F. S. White, College of Engineering; Dr. Asa B. Childers, Jr., College of Veterinary Medicine; Dr. Z. L. Carpenter, College Sericulture; and Roger Miller, student. of Agr Represented nationally by National Educational Advertising dees, Inc., New York City, Chicago, Los Angeles and San Services, Francisco. paper and local news ed herein. Rights of republicati rein are also reserved. Second-Class postage paid at College Station, Texas. EDITOR DAVID MIDDLEBROOKE Managing Editor Fran Haugen News Editor Hayden Whitsett Women’s Editor Diane Griffin Sports Editor Clifford Broyles t fcEEF 1 3 n rga REDEEM THIS COUPON FOR I 50 FREE TOP VALUE STAMPS With Purchase of $2.00 or More GLAZED FRUIT Coupon Expires Dec. 5, 1970 ’kfci-SEH "B. Atv\ildo»v\ TASSOt OAovce CHUCK "ROAST 4-9