75 Pennsylvania Consolidated Statutes Chapter 17 - Financial Responsibility
Subchapter A. General Provisions
Subchapter B. Motor Vehicle Liability Insurance First Party Benefits
- Section 1711 - Required Benefits
(a) Medical benefit.--An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title,...
- Section 1712 - Availability Of Benefits
An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except recreational...
- Section 1713 - Source Of Benefits
(a) General rule.--Except as provided in section 1714 (relating to ineligible claimants), a person who suffers injury arising out of the maintenance or use...
- Section 1714 - Ineligible Claimants
An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not...
- Section 1715 - Availability Of Adequate Limits
(a) General rule.--An insurer shall make available for purchase first party benefits as follows: (1) For medical benefits, up to at least $100,000. (1.1)...
- Section 1716 - Payment Of Benefits
Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits. If reasonable proof...
- Section 1717 - Stacking Of Benefits
First party benefits shall not be increased by stacking the limits of coverage of: (1) multiple motor vehicles covered under the same policy of...
- Section 1718 - Exclusion From Benefits
(a) General rule.--An insurer shall exclude from benefits any insured, or his personal representative, under a policy enumerated in section 1711 (relating to required...
- Section 1719 - Coordination Of Benefits
(a) General rule.--Except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. Any program, group contract...
- Section 1720 - Subrogation
In actions arising out of the maintenance or use of a motor vehicle, there shall be no right of subrogation or reimbursement from a...
- Section 1721 - Statute Of Limitations
(a) General rule.--If benefits have not been paid, an action for first party benefits shall be commenced within four years from the date of...
- Section 1722 - Preclusion Of Recovering Required Benefits
In any action for damages against a tortfeasor, or in any uninsured or underinsured motorist proceeding, arising out of the maintenance or use of...
- Section 1723 - Reporting Requirements
Beginning December 31, 1986, and each year thereafter, each insurance company writing automobile insurance in this Commonwealth shall file with the Insurance Department the...
- Section 1724 - Certain Nonexcludable Conditions
(a) General rule.--Insurance benefits may not be denied solely because the driver of the insured motor vehicle is determined to be under the influence...
- Section 1725 - Rental Vehicles
Every motor vehicle insurance policy shall contain a notice as to whether the policy covers collision damage to rental vehicles, and any limitations on...
Subchapter C. Uninsured and Underinsured Motorist Coverage
- Section 1731 - Availability, Scope And Amount Of Coverage
(a) Mandatory offering.--No motor vehicle liability insurance policy shall be delivered or issued for delivery in this Commonwealth, with respect to any motor vehicle...
- Section 1732 - Limits Of Coverage (Repealed)
§ 1732. Limits of coverage (Repealed). 1990 Repeal. Section 1732 was repealed February 7, 1990, P.L.11, No.6, effective July 1, 1990.
- Section 1733 - Priority Of Recovery
(a) General rule.--Where multiple policies apply, payment shall be made in the following order of priority: (1) A policy covering a motor vehicle occupied...
- Section 1734 - Request For Lower Limits Of Coverage
A named insured may request in writing the issuance of coverages under section 1731 (relating to availability, scope and amount of coverage) in amounts...
- Section 1735 - Coverages Unaffected By Workers' Compensation Benefits (Repealed)
§ 1735. Coverages unaffected by workers' compensation benefits (Repealed). 1993 Repeal. Section 1735 was repealed July 2, 1993, P.L.190, No.44, effective immediately.
- Section 1736 - Coverages In Excess Of Required Amounts
The coverages provided under this subchapter may be offered by insurers in amounts higher than those required by this chapter but may not be...
- Section 1737 - Workers' Compensation Benefits Not A Bar To Uninsured And Underinsured Motorist Benefits (Repealed)
§ 1737. Workers' compensation benefits not a bar to uninsured and underinsured motorist benefits (Repealed). 1993 Repeal. Section 1737 was repealed July 2, 1993,...
- Section 1738 - Stacking Of Uninsured And Underinsured Benefits And Option To Waive
(a) Limit for each vehicle.--When more than one vehicle is insured under one or more policies providing uninsured or underinsured motorist coverage, the stated...
Subchapter D. Assigned Risk Plan
- Section 1741 - Establishment
The Insurance Department shall, after consultation with the insurers licensed to write motor vehicle liability insurance in this Commonwealth, adopt a reasonable Assigned Risk...
- Section 1742 - Scope Of Plan
The Assigned Risk Plan shall: (1) Include rules for the classification of risks and rates therefor. (2) Provide for the installment payment of premiums...
- Section 1743 - Rates
All rates for the Assigned Risk Plan shall be subject to the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and...
- Section 1744 - Termination Of Policies
Cancellation, refusal to renew and other termination of policies issued under the Assigned Risk Plan shall be in accordance with the rules of the
Subchapter E. Assigned Claims Plan
- Section 1751 - Organization
Insurers providing financial responsibility as required by law shall organize and maintain, subject to the approval and regulation of the Insurance Department, an Assigned...
- Section 1752 - Eligible Claimants
(a) General rule.--A person is eligible to recover benefits from the Assigned Claims Plan if the person meets the following requirements: (1) Is a...
- Section 1753 - Benefits Available
An eligible claimant may recover medical benefits, as described in section 1712(1) (relating to availability of benefits), up to a maximum of $5,000. No...
- Section 1754 - Additional Coverage
An eligible claimant who has no other source of applicable uninsured motorist coverage and is otherwise entitled to recover in an action in tort...
- Section 1755 - Coordination Of Benefits
(a) Workers' compensation.--All benefits (less reasonably incurred collection costs) that an eligible claimant receives or is entitled to receive from workers' compensation and from...
- Section 1756 - Subrogation
The Assigned Claims Plan or its assignee is entitled to recover, in accordance with the tort liability law of this Commonwealth, reimbursement for benefits...
- Section 1757 - Statute Of Limitations
(a) General rule.--An action by an eligible claimant to recover benefits or coverages from the Assigned Claims Plan shall be commenced within four years...
Subchapter F. Catastrophic Loss Trust Fund (Repealed)
- Section 1761 - § 1769 - (Repealed)
1988 Repeal. Subchapter F (§§ 1761 - 1769) was added February 12, 1984, P.L.26, No.11, and repealed December 12, 1988, P.L.1120, No.144, effective immediately.
Subchapter G. Nonpayment of Judgments
Subchapter H. Proof of Financial Responsibility
Subchapter I. Miscellaneous Provisions
- Section 1791 - Notice Of Available Benefits And Limits
It shall be presumed that the insured has been advised of the benefits and limits available under this chapter provided the following notice in...
- Section 1791.1 - Disclosure Of Premium Charges And Tort Options
(a) Invoice.--At the time of application for original coverage and every renewal thereafter, an insurer must provide to an insured an itemized invoice listing...
- Section 1791.2 - Motorcycle Marshals
A motorcycle driver when operating a motorcycle to guide, usher or otherwise ensure the safety of participants in a bicycle race is neither competing...
- Section 1792 - Availability Of Uninsured, Underinsured, Bodily Injury Liability And Property Damage Coverages And Mandatory Deductibles
(a) Availability of coverages.--Except for policies issued under Subchapter D (relating to Assigned Risk Plan), an insurer issuing a policy of bodily injury liability...
- Section 1793 - Special Provisions Relating To Premiums
(a) Limitation on premium increases.-- (1) An insurer shall not increase the premium rate of an owner of a policy of insurance subject to...
- Section 1794 - Compulsory Judicial Arbitration Jurisdiction
Beginning January 1, 1987, the monetary limit in 42 Pa.C.S. § 7361(b)(2)(i) (relating to compulsory arbitration) for the submission of matters to judicial arbitration...
- Section 1795 - Insurance Fraud Reporting Immunity
(a) General rule.--An insurance company, and any agent, servant or employee acting in the course and scope of his employment, shall be immune from...
- Section 1796 - Mental Or Physical Examination Of Person
(a) General rule.--Whenever the mental or physical condition of a person is material to any claim for medical, income loss or catastrophic loss benefits,...
- Section 1797 - Customary Charges For Treatment
(a) General rule.--A person or institution providing treatment, accommodations, products or services to an injured person for an injury covered by liability or uninsured...
- Section 1798 - Attorney Fees And Costs
(a) Basis for reasonable fee.--No attorney's fee for representing a claimant in connection with a claim for first party benefits provided under Subchapter B...
- Section 1798.1 - Extraordinary Medical Benefit Rate
(a) Filing.--Each insurer issuing or delivering liability insurance policies as described in section 1711 (relating to required benefits) shall file with the Insurance Commissioner...
- Section 1798.2 - Transition
(a) Savings provision.--Notwithstanding the repeal of Subchapter F (relating to Catastrophic Loss Trust Fund) by the act of December 12, 1988 (P.L.1120, No.144), all...
- Section 1798.3 - Unfunded Liability Report
By May 15, 1989, the Insurance Commissioner and the Budget Secretary shall jointly prepare and provide to the Governor and to the General Assembly...
- Section 1798.4 - Catastrophic Loss Benefits Continuation Fund
(a) Creation.--The Catastrophic Loss Benefits Continuation Fund is hereby created to provide funds necessary to pay catastrophic loss benefits under section 1798.2 (relating to...
- Section 1799 - Restraint System
(a) General rule.--All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide premium discounts for motor vehicles equipped with...
- Section 1799.1 - Antitheft Devices
(a) General rule.--All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide premium discounts for motor vehicles with passive...
- Section 1799.2 - Driver Improvement Course Discounts
(a) Motor vehicle driver improvement course.--All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide a premium discount for...
- Section 1799.3 - Limit On Cancellations, Refusals To Renew, Refusals To Write, Surcharges, Rate Penalties And Point Assignments
(a) Damage claims.--No insurer shall cancel or refuse to renew a policy or apply any surcharge, rate penalty or driver record point assignment where,...
- Section 1799.4 - Examination Of Vehicle Repairs
Upon request of the insurer, an insurance adjuster shall be afforded a reasonable opportunity to enter a repair facility and examine covered repairs being...
- Section 1799.5 - Conduct Of Market Study
(a) Duty of Insurance Department.--The Insurance Department may authorize a market conduct study of private passenger automobile insurers. (b) Purposes of study.--The purposes of...
- Section 1799.6 - Conduct Of Random Field Surveys
(a) Authority.--In furtherance of the purposes and goals of section 1799.5 (relating to conduct of market study), the Insurance Department may conduct field surveys...
- Section 1799.7 - Rates
(a) Rate filing.--All insurers and the Assigned Risk Plan must file for new private passenger motor vehicle rates on or before May 1, 1990....
Last modified: October 8, 2016