United States v. Commonwealth of Puerto Rico

CAMPBELL, Circuit Judge.

Every person harmed in Puerto Rico as a consequence of maintaining or using a motor vehicle is entitled, regardless of fault, to receive hospital and medical care and to be paid scheduled benefits for dismemberment and other disability. 1 If death ensues, the victim’s family and kin are entitled to benefits. Up to stated limits, benefits take the place of what a victim might recover in a tort action against the person responsible for the accident. Tort recovery is permitted, but only above those limits. § 2058.

This “no-fault” plan, enacted in 1970, a year before…