HOUSE CORRECTIVE REPRINT
HOUSE AMENDED
PRIOR PRINTER'S NOS. 1149, 1294, 1593, PRINTER'S NO. 1646
1619
No. 942 Session of 1983
INTRODUCED BY HOLL, JULY 18, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 1983
AN ACT
1 Repealing the act of July 19, 1974 (P.L.489, No.176), entitled <--
2 "An act providing for a compensation system for persons
3 injured in motor vehicle accidents; requiring insurance for
4 all motor vehicles required to be registered in Pennsylvania;
5 defining compensable damage in motor vehicle accident cases;
6 establishing an assigned claims plan; providing for
7 arbitration; imposing powers and duties on courts, the
8 Department of Transportation and the Insurance Commissioner;
9 prohibiting certain discrimination; and providing penalties."
10 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
11 STATUTES, FURTHER PROVIDING FOR FINANCIAL RESPONSIBILITY;
12 PROVIDING FOR MOTOR VEHICLE INSURANCE FIRST PARTY BENEFITS;
13 PROVIDING FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE;
14 PROVIDING FOR AN ASSIGNED RISK PLAN AND ASSIGNED CLAIMS PLAN;
15 PROVIDING FOR A CATASTROPHIC LOSS TRUST FUND; PROVIDING FOR
16 INSURANCE PREMIUMS; PROVIDING FOR FRAUD REPORTING IMMUNITY;
17 PROVIDING FOR JUDICIAL ARBITRATION LIMITS; AND MAKING
18 REPEALS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of July 19, 1974 (P.L.489, No.176), known <--
22 as the Pennsylvania No-fault Motor Vehicle Insurance Act, is
23 repealed.
1 Section 2. This act shall take effect six months after
2 passage.
3 SECTION 1. THE DEFINITION OF "PROOF OF INSURANCE" IN SECTION <--
4 102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS
5 AMENDED TO READ:
6 § 102. DEFINITIONS.
7 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
8 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
9 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
10 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
11 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
12 * * *
13 ["PROOF OF INSURANCE." A CARD ISSUED BY AN INSURANCE CARRIER
14 IN COMPLIANCE WITH REGULATIONS OF THE INSURANCE COMMISSIONER
15 EVIDENCING THAT THE VEHICLE IS COVERED BY THE INSURANCE REQUIRED
16 IN SECTION 104(A) OF THE ACT OF JULY 19, 1974 (P.L.489, NO.176),
17 KNOWN AS THE "PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT"
18 AND REGULATIONS ISSUED THEREUNDER, OR A CARD EVIDENCING THAT THE
19 VEHICLE IS SELF-INSURED IN COMPLIANCE WITH THAT ACT AND
20 REGULATIONS.]
21 * * *
22 SECTION 2. SECTIONS 1117(A), 1305(A), 1306, 1309 AND 1373 OF
23 TITLE 75 ARE AMENDED TO READ:
24 § 1117. VEHICLE DESTROYED OR JUNKED.
25 (A) APPLICATION FOR CERTIFICATE OF JUNK.--ANY OWNER WHO
26 TRANSFERS A VEHICLE AS SCRAP, OR TO BE DESTROYED OR JUNKED,
27 SHALL ASSIGN THE CERTIFICATE OF TITLE TO THE PERSON TO WHOM THE
28 VEHICLE IS TRANSFERRED. THE TRANSFEREE SHALL RETURN THE ASSIGNED
29 CERTIFICATE OF TITLE TO THE DEPARTMENT IMMEDIATELY WITH AN
30 APPLICATION FOR A CERTIFICATE OF JUNK UPON A FORM FURNISHED AND
19830S0942B1646 - 2 -
1 PRESCRIBED BY THE DEPARTMENT. AN INSURER, AS DEFINED IN [THE ACT
2 OF JULY 19, 1974 (P.L.489, NO.176), KNOWN AS THE "PENNSYLVANIA
3 NO-FAULT MOTOR VEHICLE INSURANCE ACT,"] SECTION 1702 (RELATING
4 TO DEFINITIONS), TO WHICH TITLE TO A VEHICLE IS ASSIGNED UPON
5 PAYMENT TO THE INSURED OF THE REPLACEMENT VALUE OF THE VEHICLE,
6 SHALL BE REGARDED AS A TRANSFEREE UNDER THIS SUBSECTION.
7 * * *
8 § 1305. APPLICATION FOR REGISTRATION.
9 (A) GENERAL RULE.--APPLICATION FOR THE REGISTRATION OF A
10 VEHICLE SHALL BE MADE TO THE DEPARTMENT UPON THE APPROPRIATE
11 FORM OR FORMS FURNISHED BY THE DEPARTMENT. THE APPLICATION SHALL
12 CONTAIN THE FULL NAME AND ADDRESS OF THE OWNER OR OWNERS; THE
13 MAKE, MODEL, YEAR AND VEHICLE IDENTIFICATION NUMBER OF THE
14 VEHICLE; AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
15 REQUIRE. APPLICANTS FOR REGISTRATION OF A TRUCK, TRUCK TRACTOR,
16 TRAILER OR BUS SHALL PROVIDE THE VEHICLE'S GROSS VEHICLE WEIGHT
17 RATING (GVWR), OR THE GROSS COMBINATION WEIGHT RATING (GCWR), AS
18 APPLICABLE. IF THE MANUFACTURER'S RATINGS ARE NOT AVAILABLE, THE
19 APPLICANT SHALL PROVIDE SUFFICIENT INFORMATION AS TO THE
20 HORSEPOWER, BRAKING CAPACITY AND SUCH OTHER DATA AS NECESSARY
21 FOR THE DEPARTMENT TO DETERMINE AN EQUIVALENT MEASURE OF THE
22 VEHICLE'S HAULING AND STOPPING CAPABILITY. IF THE APPLICANT
23 WISHES TO REGISTER A VEHICLE AT A REGISTERED GROSS WEIGHT LESS
24 THAN THE GROSS VEHICLE WEIGHT RATING, THE APPLICATION SHALL
25 INCLUDE INFORMATION AS TO WEIGHT, LOAD AND ANY OTHER SUCH
26 INFORMATION AS THE DEPARTMENT MAY REQUIRE. THE APPLICATION SHALL
27 BE ACCOMPANIED BY [PROOF OF INSURANCE] SELF-CERTIFICATION OF
28 FINANCIAL RESPONSIBILITY AND THE APPLICABLE FEE.
29 * * *
30 § 1306. GROUNDS FOR REFUSING REGISTRATION.
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1 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR
2 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES
3 EXISTS:
4 (1) THE APPLICANT IS NOT ENTITLED TO REGISTRATION UNDER
5 THE PROVISIONS OF THIS CHAPTER.
6 (2) THE APPLICANT HAS AT REGISTRATION OR TITLING
7 NEGLECTED OR REFUSED TO FURNISH THE DEPARTMENT WITH THE
8 INFORMATION REQUIRED ON THE APPROPRIATE OFFICIAL FORM, OR ANY
9 REASONABLE ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
10 (3) THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE
11 THAT THE APPLICATION CONTAINS FALSE OR FRAUDULENT
12 INFORMATION, OR THAT THE VEHICLE IS STOLEN, WHICH FACT THE
13 DEPARTMENT SHALL ASCERTAIN BY REFERENCE TO THE STOLEN VEHICLE
14 FILE REQUIRED TO BE MAINTAINED UNDER SECTION 7114 (RELATING
15 TO RECORDS OF STOLEN VEHICLES), OR THAT THE GRANTING OF
16 REGISTRATION WOULD CONSTITUTE A FRAUD AGAINST THE RIGHTFUL
17 OWNER OR OTHER PERSON HAVING A VALID LIEN UPON THE VEHICLE.
18 (4) THE FEES REQUIRED BY LAW HAVE NOT BEEN PAID.
19 (5) THE VEHICLE IS NOT CONSTRUCTED OR EQUIPPED AS
20 REQUIRED BY THIS TITLE.
21 (6) THE REGISTRATION OF THE VEHICLE STANDS SUSPENDED FOR
22 ANY REASON AS PROVIDED FOR IN THIS TITLE.
23 (7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT BEEN
24 PAID.
25 § 1309. RENEWAL OF REGISTRATION.
26 AT LEAST 60 DAYS PRIOR TO THE EXPIRATION OF EACH
27 REGISTRATION, THE DEPARTMENT SHALL SEND TO THE REGISTRANT AN
28 APPLICATION FOR RENEWAL OF REGISTRATION. UPON RETURN OF THE
29 APPLICATION, ACCOMPANIED BY [PROOF OF INSURANCE AND] SELF-
30 CERTIFICATION OF FINANCIAL RESPONSIBILITY, THE APPLICABLE FEE OR
19830S0942B1646 - 4 -
1 FEES AND PROOF THAT THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS <--
2 BEEN PAID, THE DEPARTMENT SHALL SEND TO THE REGISTRANT A RENEWED
3 REGISTRATION CARD. FAILURE TO RECEIVE A RENEWAL APPLICATION
4 SHALL NOT RELIEVE A REGISTRANT FROM THE RESPONSIBILITY TO RENEW
5 THE REGISTRATION.
6 § 1373. SUSPENSION OF REGISTRATION.
7 THE DEPARTMENT MAY SUSPEND ANY REGISTRATION AFTER PROVIDING
8 OPPORTUNITY FOR A HEARING IN ANY OF THE FOLLOWING CASES WHEN THE
9 DEPARTMENT FINDS UPON SUFFICIENT EVIDENCE THAT:
10 (1) THE VEHICLE IS UNSAFE OR UNFIT FOR OPERATION OR IS
11 NOT EQUIPPED AS REQUIRED BY THIS TITLE.
12 (2) THE OWNER OR REGISTRANT HAS MADE, OR PERMITTED TO BE
13 MADE, ANY UNLAWFUL USE OF THE VEHICLE OR REGISTRATION PLATE
14 OR PLATES, OR REGISTRATION CARD, OR PERMITTED THE USE BY A
15 PERSON NOT ENTITLED THERETO.
16 (3) THE OWNER OR REGISTRANT HAS KNOWINGLY MADE A FALSE
17 STATEMENT OR KNOWINGLY CONCEALED A MATERIAL FACT OR OTHERWISE
18 COMMITTED A FRAUD IN ANY APPLICATION OR FORM REQUIRED TO BE
19 FILED BY THIS TITLE.
20 (4) UPON THE REQUEST OR ORDER OF ANY COURT OF RECORD.
21 (5) THE REQUIRED FEES HAVE NOT BEEN PAID.
22 (6) THE REGISTRANT OR ANY AGENT OR EMPLOYEE HAS
23 REPEATEDLY VIOLATED ANY OF THE PROVISIONS OF THIS CHAPTER OR
24 CHAPTER 11 (RELATING TO CERTIFICATE OF TITLE AND SECURITY
25 INTERESTS).
26 (7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT BEEN
27 PAID.
28 SECTION 3. CHAPTER 17 OF TITLE 75 IS REPEALED AND A CHAPTER
29 IS ADDED TO READ:
30 CHAPTER 17
19830S0942B1646 - 5 -
1 FINANCIAL RESPONSIBILITY
2 SUBCHAPTER
3 A. GENERAL PROVISIONS
4 B. MOTOR VEHICLE LIABILITY INSURANCE FIRST PARTY BENEFITS
5 C. UNINSURED AND UNDERINSURED MOTORIST COVERAGE
6 D. ASSIGNED RISK PLAN
7 E. ASSIGNED CLAIMS PLAN
8 F. CATASTROPHIC LOSS TRUST FUND.
9 G. NONPAYMENT OF JUDGMENTS
10 H. PROOF OF FINANCIAL RESPONSIBILITY
11 I. MISCELLANEOUS PROVISIONS
12 SUBCHAPTER A
13 GENERAL PROVISIONS
14 SEC.
15 1701. SHORT TITLE OF CHAPTER.
16 1702. DEFINITIONS.
17 1703. APPLICATION OF CHAPTER.
18 1704. ADMINISTRATION OF CHAPTER.
19 § 1701. SHORT TITLE OF CHAPTER.
20 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE MOTOR
21 VEHICLE FINANCIAL RESPONSIBILITY LAW.
22 § 1702. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "BENEFITS" OR "FIRST PARTY BENEFITS." MEDICAL BENEFITS,
27 INCOME LOSS BENEFITS, ACCIDENTAL DEATH BENEFITS AND FUNERAL
28 BENEFITS.
29 "DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OR INSURANCE
30 DEPARTMENT, AS APPLICABLE.
19830S0942B1646 - 6 -
1 "FINANCIAL RESPONSIBILITY." THE ABILITY TO RESPOND IN
2 DAMAGES FOR LIABILITY ON ACCOUNT OF ACCIDENTS ARISING OUT OF THE
3 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE IN THE AMOUNT
4 OF $20,000 PRIOR TO JULY 1, 1986 AND $25,000 ON OR AFTER THAT
5 DATE BECAUSE OF INJURY TO ONE PERSON IN ANY ONE ACCIDENT, IN THE
6 AMOUNT OF $40,000 PRIOR TO JULY 1, 1986 AND $50,000 ON OR AFTER
7 THAT DATE BECAUSE OF INJURY TO TWO OR MORE PERSONS IN ANY ONE
8 ACCIDENT AND IN THE AMOUNT OF $7,500 PRIOR TO JULY 1, 1986 AND
9 $10,000 ON OR AFTER THAT DATE BECAUSE OF DAMAGE TO PROPERTY OF
10 OTHERS IN ANY ONE ACCIDENT. THE FINANCIAL RESPONSIBILITY SHALL
11 BE IN A FORM ACCEPTABLE TO THE DEPARTMENT OF TRANSPORTATION.
12 "INJURY." ACCIDENTALLY SUSTAINED BODILY HARM TO AN
13 INDIVIDUAL AND THAT INDIVIDUAL'S ILLNESS, DISEASE OR DEATH
14 RESULTING THEREFROM.
15 "INSURED." ANY OF THE FOLLOWING:
16 (1) AN INDIVIDUAL IDENTIFIED BY NAME AS AN INSURED IN A
17 POLICY OF MOTOR VEHICLE LIABILITY INSURANCE.
18 (2) IF RESIDING IN THE HOUSEHOLD OF THE NAMED INSURED:
19 (I) A SPOUSE OR OTHER RELATIVE OF THE NAMED INSURED;
20 OR
21 (II) A MINOR IN THE CUSTODY OF EITHER THE NAMED
22 INSURED OR RELATIVE OF THE NAMED INSURED.
23 "INSURER" OR "INSURANCE COMPANY." A MOTOR VEHICLE LIABILITY
24 INSURER SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER.
25 "UNDERINSURED MOTOR VEHICLE." A MOTOR VEHICLE FOR WHICH THE
26 LIMITS OF AVAILABLE LIABILITY INSURANCE AND SELF-INSURANCE ARE
27 INSUFFICIENT TO PAY LOSSES AND DAMAGES.
28 "UNINSURED MOTOR VEHICLE." ANY OF THE FOLLOWING:
29 (1) A MOTOR VEHICLE FOR WHICH THERE IS NO LIABILITY
30 INSURANCE OR SELF-INSURANCE APPLICABLE AT THE TIME OF THE
19830S0942B1646 - 7 -
1 ACCIDENT.
2 (2) A MOTOR VEHICLE FOR WHICH THE INSURANCE COMPANY
3 DENIES COVERAGE OR THE INSURANCE COMPANY IS OR BECOMES
4 INVOLVED IN INSOLVENCY PROCEEDINGS IN ANY JURISDICTION.
5 (3) AN UNIDENTIFIED MOTOR VEHICLE THAT CAUSES AN
6 ACCIDENT RESULTING IN INJURY PROVIDED THE ACCIDENT IS
7 REPORTED TO THE POLICE OR PROPER GOVERNMENTAL AUTHORITY AND
8 THE CLAIMANT NOTIFIES HIS INSURER WITHIN 30 DAYS, OR AS SOON
9 AS PRACTICABLE THEREAFTER, THAT THE CLAIMANT OR HIS LEGAL
10 REPRESENTATIVE HAS A LEGAL ACTION ARISING OUT OF THE
11 ACCIDENT.
12 § 1703. APPLICATION OF CHAPTER.
13 THIS CHAPTER DOES NOT APPLY WITH RESPECT TO ANY MOTOR VEHICLE
14 OWNED BY THE UNITED STATES.
15 § 1704. ADMINISTRATION OF CHAPTER.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
17 DEPARTMENT OF TRANSPORTATION SHALL ADMINISTER AND ENFORCE THIS
18 CHAPTER AND MAY MAKE RULES AND REGULATIONS NECESSARY FOR THE
19 ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.
20 (B) INSURANCE MATTERS.--THE INSURANCE DEPARTMENT SHALL
21 ADMINISTER AND ENFORCE THOSE PROVISIONS OF THIS CHAPTER AS TO
22 MATTERS UNDER ITS JURISDICTION AS DETERMINED BY THIS CHAPTER OR
23 OTHER STATUTE AND MAY MAKE RULES AND REGULATIONS NECESSARY FOR
24 THE ADMINISTRATION AND ENFORCEMENT OF THOSE PROVISIONS.
25 SUBCHAPTER B
26 MOTOR VEHICLE LIABILITY INSURANCE
27 FIRST PARTY BENEFITS
28 SEC.
29 1711. REQUIRED MEDICAL BENEFIT.
30 1712. AVAILABILITY OF BENEFITS.
19830S0942B1646 - 8 -
1 1713. SOURCE OF BENEFITS.
2 1714. INELIGIBLE CLAIMANTS.
3 1715. AVAILABILITY OF ADEQUATE LIMITS.
4 1716. PAYMENT OF BENEFITS.
5 1717. STACKING OF BENEFITS.
6 1718. EXCLUSION FROM BENEFITS.
7 1719. COORDINATION OF BENEFITS.
8 1720. SUBROGATION.
9 1721. STATUTE OF LIMITATIONS.
10 1722. PRECLUSION OF PLEADING AND PROVING OF REQUIRED MEDICAL
11 BENEFIT.
12 1723. REPORTING REQUIREMENTS.
13 § 1711. REQUIRED MEDICAL BENEFIT.
14 AN INSURER ISSUING OR DELIVERING LIABILITY INSURANCE POLICIES
15 COVERING ANY MOTOR VEHICLE OF THE TYPE REQUIRED TO BE REGISTERED
16 UNDER THIS TITLE, EXCEPT RECREATIONAL VEHICLES NOT INTENDED FOR
17 HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES OR MOTORIZED
18 PEDALCYCLES OR LIKE TYPE VEHICLES, REGISTERED AND OPERATED IN
19 THIS COMMONWEALTH SHALL INCLUDE COVERAGE PROVIDING A MEDICAL
20 BENEFIT, AS DEFINED IN SECTION 1712(1) (RELATING TO AVAILABILITY
21 OF BENEFITS), WITH RESPECT TO INJURY ARISING OUT OF THE
22 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, IN THE AMOUNT
23 OF $5,000. INSURANCE POLICIES ISSUED IN ACCORDANCE WITH THIS
24 SUBCHAPTER MAY ALSO PROVIDE HIGHER AMOUNTS OF COVERAGE AND OTHER
25 TYPES OF COVERAGE.
26 § 1712. AVAILABILITY OF BENEFITS.
27 AN INSURER ISSUING OR DELIVERING LIABILITY INSURANCE POLICIES
28 COVERING ANY MOTOR VEHICLE OF THE TYPE REQUIRED TO BE REGISTERED
29 UNDER THIS TITLE, EXCEPT RECREATIONAL VEHICLES NOT INTENDED FOR
30 HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES OR MOTORIZED
19830S0942B1646 - 9 -
1 PEDALCYCLES OR LIKE TYPE VEHICLES, REGISTERED AND OPERATED IN
2 THIS COMMONWEALTH SHALL MAKE AVAILABLE FOR PURCHASE FIRST PARTY
3 BENEFITS WITH RESPECT TO INJURY ARISING OUT OF THE OWNERSHIP,
4 MAINTENANCE OR USE OF A MOTOR VEHICLE AS FOLLOWS:
5 (1) MEDICAL BENEFIT.--ALL REASONABLE AND NECESSARY
6 EXPENSES FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES,
7 INCLUDING, BUT NOT LIMITED TO, HOSPITAL, DENTAL, SURGICAL,
8 AMBULANCE, CHIROPRACTIC, LICENSED PHYSICAL THERAPY, NURSING
9 SERVICES, VOCATIONAL REHABILITATION AND OCCUPATIONAL THERAPY,
10 MEDICATIONS, MEDICAL SUPPLIES AND PROSTHETIC DEVICES, ALL
11 WITHOUT LIMITATION AS TO TIME, PROVIDED THAT, WITHIN 18
12 MONTHS FROM THE DATE OF THE ACCIDENT CAUSING INJURY, IT IS
13 ASCERTAINABLE WITH REASONABLE MEDICAL PROBABILITY THAT
14 FURTHER EXPENSES MAY BE INCURRED AS A RESULT OF THE INJURY.
15 BENEFITS UNDER THIS PARAGRAPH MAY INCLUDE ANY NONMEDICAL
16 REMEDIAL CARE AND TREATMENT RENDERED IN ACCORDANCE WITH A
17 RECOGNIZED RELIGIOUS METHOD OF HEALING. EXPENSES FOR HOSPITAL
18 ROOM CHARGES MAY BE LIMITED TO SEMIPRIVATE ACCOMMODATIONS.
19 (2) INCOME LOSS BENEFIT.--INCLUDES THE FOLLOWING:
20 (I) EIGHTY PERCENT OF ACTUAL LOSS OF GROSS INCOME.
21 (II) REASONABLE EXPENSES ACTUALLY INCURRED FOR
22 HIRING A SUBSTITUTE TO PERFORM SELF-EMPLOYMENT SERVICES
23 THEREBY MITIGATING LOSS OF GROSS INCOME OR FOR HIRING
24 SPECIAL HELP THEREBY ENABLING A PERSON TO WORK AND
25 MITIGATE LOSS OF GROSS INCOME.
26 INCOME LOSS DOES NOT INCLUDE LOSS OF EXPECTED INCOME FOR ANY
27 PERIOD FOLLOWING THE DEATH OF AN INDIVIDUAL OR EXPENSES
28 INCURRED FOR SERVICES PERFORMED FOLLOWING THE DEATH OF AN
29 INDIVIDUAL. INCOME LOSS SHALL NOT COMMENCE UNTIL FIVE WORKING
30 DAYS HAVE BEEN LOST AFTER THE DATE OF THE ACCIDENT.
19830S0942B1646 - 10 -
1 (3) ACCIDENTAL DEATH BENEFIT.--A DEATH BENEFIT PAID TO
2 THE PERSONAL REPRESENTATIVE OF THE INSURED, SHOULD INJURY
3 RESULTING FROM A MOTOR VEHICLE ACCIDENT CAUSE DEATH WITHIN 24
4 MONTHS FROM THE DATE OF THE ACCIDENT.
5 (4) FUNERAL BENEFIT.--EXPENSES DIRECTLY RELATED TO THE
6 FUNERAL, BURIAL, CREMATION OR OTHER FORM OF DISPOSITION OF
7 THE REMAINS OF A DECEASED INDIVIDUAL, INCURRED AS A RESULT OF
8 THE DEATH OF THE INDIVIDUAL AS A RESULT OF THE ACCIDENT AND
9 WITHIN 24 MONTHS FROM THE DATE OF THE ACCIDENT.
10 (5) COMBINATION BENEFIT.--A COMBINATION OF BENEFITS
11 DESCRIBED IN PARAGRAPHS (1) THROUGH (4) AS AN ALTERNATIVE TO
12 THE SEPARATE PURCHASE OF THOSE BENEFITS.
13 § 1713. SOURCE OF BENEFITS.
14 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTION 1714
15 (RELATING TO INELIGIBLE CLAIMANTS), A PERSON INJURED IN A MOTOR
16 VEHICLE ACCIDENT SHALL RECOVER FIRST PARTY BENEFITS AGAINST
17 APPLICABLE INSURANCE COVERAGE IN THE FOLLOWING ORDER OF
18 PRIORITY:
19 (1) FOR A NAMED INSURED, THE POLICY ON WHICH HE IS THE
20 NAMED INSURED.
21 (2) FOR AN INSURED, THE POLICY COVERING THE INSURED.
22 (3) FOR THE OCCUPANTS OF AN INSURED MOTOR VEHICLE, THE
23 POLICY ON THAT MOTOR VEHICLE.
24 (4) FOR A PERSON WHO IS NOT THE OCCUPANT OF A MOTOR
25 VEHICLE, THE POLICY ON ANY MOTOR VEHICLE INVOLVED IN THE
26 ACCIDENT. FOR THE PURPOSE OF THIS PARAGRAPH, A PARKED AND
27 UNOCCUPIED MOTOR VEHICLE IS NOT A MOTOR VEHICLE INVOLVED IN
28 AN ACCIDENT UNLESS IT WAS PARKED SO AS TO CAUSE UNREASONABLE
29 RISK OF INJURY.
30 (B) MULTIPLE SOURCES OF EQUAL PRIORITY.--THE INSURER AGAINST
19830S0942B1646 - 11 -
1 WHOM A CLAIM IS ASSERTED FIRST UNDER THE PRIORITIES SET FORTH IN
2 SUBSECTION (A) SHALL PROCESS AND PAY THE CLAIM AS IF WHOLLY
3 RESPONSIBLE. THE INSURER IS THEREAFTER ENTITLED TO RECOVER
4 CONTRIBUTION PRO RATA FROM ANY OTHER INSURER FOR THE BENEFITS
5 PAID AND THE COSTS OF PROCESSING THE CLAIM. IF CONTRIBUTION IS
6 SOUGHT AMONG INSURERS RESPONSIBLE UNDER SUBSECTION (A)(4),
7 PRORATION SHALL BE BASED ON THE NUMBER OF INVOLVED MOTOR
8 VEHICLES.
9 § 1714. INELIGIBLE CLAIMANTS.
10 AN OWNER OF A CURRENTLY REGISTERED MOTOR VEHICLE WHO DOES NOT
11 HAVE FINANCIAL RESPONSIBILITY OR AN OPERATOR OR OCCUPANT OF A
12 RECREATIONAL VEHICLE NOT INTENDED FOR HIGHWAY USE, MOTORCYCLE,
13 MOTOR-DRIVEN CYCLE, MOTORIZED PEDALCYCLE OR LIKE TYPE VEHICLE
14 REQUIRED TO BE REGISTERED UNDER THIS TITLE CANNOT RECOVER FIRST
15 PARTY BENEFITS.
16 § 1715. AVAILABILITY OF ADEQUATE LIMITS.
17 (A) GENERAL RULE.--AN INSURER SHALL MAKE AVAILABLE FOR
18 PURCHASE FIRST PARTY BENEFITS AS FOLLOWS:
19 (1) FOR MEDICAL BENEFITS, UP TO AT LEAST $100,000.
20 (2) FOR INCOME LOSS BENEFITS, UP TO AT LEAST $2,500 PER
21 MONTH UP TO A MAXIMUM BENEFIT OF AT LEAST $50,000.
22 (3) FOR ACCIDENTAL DEATH BENEFITS, UP TO AT LEAST
23 $25,000.
24 (4) FOR FUNERAL BENEFITS, $2,500.
25 (5) FOR COMBINATION OF BENEFITS ENUMERATED IN PARAGRAPHS
26 (1) THROUGH (4) AND SUBJECT TO A LIMIT ON THE ACCIDENTAL
27 DEATH BENEFIT OF UP TO $25,000 AND A LIMIT ON THE FUNERAL
28 BENEFIT OF $2,500, UP TO AT LEAST $277,500 OF BENEFITS IN THE
29 AGGREGATE OR BENEFITS PAYABLE UP TO THREE YEARS FROM THE DATE
30 OF THE ACCIDENT, WHICHEVER OCCURS FIRST.
19830S0942B1646 - 12 -
1 (B) HIGHER OR LOWER LIMITS AND ADDITIONAL BENEFITS.--AN
2 INSURED MAY ELECT TO PURCHASE HIGHER OR LOWER LIMITS OR
3 ADDITIONAL BENEFITS THAN THOSE ENUMERATED IN SUBSECTION (A).
4 (C) RESTRICTION ON PROVIDING FIRST PARTY BENEFITS.--AN
5 INSURER SHALL NOT ISSUE OR DELIVER A POLICY PROVIDING FIRST
6 PARTY BENEFITS IN ACCORDANCE WITH THIS SUBCHAPTER UNLESS THE
7 POLICY ALSO CONTAINS COVERAGE FOR LIABILITY IN AMOUNTS AT LEAST
8 EQUAL TO THE LIMITS REQUIRED FOR FINANCIAL RESPONSIBILITY.
9 § 1716. PAYMENT OF BENEFITS.
10 BENEFITS ARE OVERDUE IF NOT PAID WITHIN 30 DAYS AFTER THE
11 INSURER RECEIVES REASONABLE PROOF OF THE AMOUNT OF THE BENEFITS.
12 IF REASONABLE PROOF IS NOT SUPPLIED AS TO ALL BENEFITS, THE
13 PORTION SUPPORTED BY REASONABLE PROOF IS OVERDUE IF NOT PAID
14 WITHIN 30 DAYS AFTER THE PROOF IS RECEIVED BY THE INSURER.
15 OVERDUE BENEFITS SHALL BEAR INTEREST AT THE RATE OF 12% PER
16 ANNUM FROM THE DATE THE BENEFITS BECOME DUE. IN THE EVENT THE
17 INSURER IS FOUND TO HAVE ACTED IN AN UNREASONABLE MANNER IN
18 REFUSING TO PAY THE BENEFITS WHEN DUE, THE INSURER SHALL PAY, IN
19 ADDITION TO THE BENEFITS OWED AND THE INTEREST THEREON, A
20 REASONABLE ATTORNEY FEE BASED UPON ACTUAL TIME EXPENDED.
21 § 1717. STACKING OF BENEFITS.
22 AN INSURER MAY PROVIDE THAT FIRST PARTY BENEFITS SHALL NOT BE
23 INCREASED BY STACKING THE LIMITS OF COVERAGE OF:
24 (1) MULTIPLE MOTOR VEHICLES COVERED UNDER THE SAME
25 POLICY OF INSURANCE; OR
26 (2) MULTIPLE MOTOR VEHICLE POLICIES COVERING THE
27 INDIVIDUAL FOR THE SAME LOSS.
28 § 1718. EXCLUSION FROM BENEFITS.
29 (A) GENERAL RULE.--AN INSURER MAY EXCLUDE FROM BENEFITS ANY
30 INSURED, OR HIS PERSONAL REPRESENTATIVE, UNDER A POLICY
19830S0942B1646 - 13 -
1 ENUMERATED IN SECTION 1711 (RELATING TO REQUIRED MEDICAL
2 BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF BENEFITS), WHEN
3 THE CONDUCT OF THE INSURED CONTRIBUTED TO THE INJURY SUSTAINED
4 BY THE INSURED IN ANY OF THE FOLLOWING WAYS:
5 (1) WHILE INTENTIONALLY INJURING HIMSELF OR ANOTHER OR
6 ATTEMPTING TO INTENTIONALLY INJURE HIMSELF OR ANOTHER.
7 (2) WHILE COMMITTING A FELONY.
8 (3) WHILE SEEKING TO ELUDE LAWFUL APPREHENSION OR ARREST
9 BY A LAW ENFORCEMENT OFFICIAL.
10 (B) CONVERSION OF VEHICLE.--A PERSON WHO KNOWINGLY CONVERTS
11 A MOTOR VEHICLE IS INELIGIBLE TO RECEIVE FIRST PARTY BENEFITS
12 FROM ANY SOURCE OTHER THAN A POLICY OF INSURANCE UNDER WHICH HE
13 IS AN INSURED FOR ANY INJURY ARISING OUT OF THE MAINTENANCE OR
14 USE OF THE CONVERTED VEHICLE.
15 § 1719. COORDINATION OF BENEFITS.
16 (A) GENERAL RULE.--EXCEPT FOR WORKERS' COMPENSATION, A
17 POLICY OF INSURANCE ISSUED OR DELIVERED PURSUANT TO THIS
18 SUBCHAPTER SHALL BE PRIMARY. ANY PROGRAM, GROUP CONTRACT OR
19 OTHER ARRANGEMENT FOR PAYMENT OF BENEFITS, SUCH AS DESCRIBED IN
20 SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT) OR 1712(1)
21 AND (2) (RELATING TO AVAILABILITY OF BENEFITS), SHALL BE
22 CONSTRUED TO CONTAIN A PROVISION THAT ALL BENEFITS PROVIDED
23 THEREIN SHALL BE IN EXCESS OF AND NOT IN DUPLICATION OF ANY
24 VALID AND COLLECTIBLE FIRST PARTY BENEFITS PROVIDED IN SECTION
25 1711 OR 1712.
26 (B) DEFINITION.--AS USED IN THIS SECTION THE TERM "PROGRAM,
27 GROUP CONTRACT OR OTHER ARRANGEMENT" INCLUDES, BUT IS NOT
28 LIMITED TO, BENEFITS PAYABLE BY A HOSPITAL PLAN CORPORATION OR A
29 PROFESSIONAL HEALTH SERVICE CORPORATION SUBJECT TO 40 PA.C.S.
30 CH. 61 (RELATING TO HOSPITAL PLAN CORPORATIONS) OR 63 (RELATING
19830S0942B1646 - 14 -
1 TO PROFESSIONAL HEALTH SERVICES PLAN CORPORATIONS).
2 § 1720. SUBROGATION.
3 THERE SHALL BE NO RIGHT OF SUBROGATION OR REIMBURSEMENT FROM
4 A CLAIMANT'S TORT RECOVERY WITH RESPECT TO WORKERS' COMPENSATION
5 BENEFITS, BENEFITS AVAILABLE UNDER SECTION 1711 (RELATING TO
6 REQUIRED MEDICAL BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF
7 BENEFITS) OR BENEFITS IN LIEU THEREOF PAID OR PAYABLE UNDER
8 SECTION 1719 (RELATING TO COORDINATION OF BENEFITS).
9 § 1721. STATUTE OF LIMITATIONS.
10 (A) GENERAL RULE.--IF BENEFITS HAVE NOT BEEN PAID, AN ACTION
11 FOR FIRST PARTY BENEFITS SHALL BE COMMENCED WITHIN FOUR YEARS
12 FROM THE DATE OF THE ACCIDENT GIVING RISE TO THE CLAIM. IF FIRST
13 PARTY BENEFITS HAVE BEEN PAID, AN ACTION FOR FURTHER BENEFITS
14 SHALL BE COMMENCED WITHIN FOUR YEARS FROM THE DATE OF THE LAST
15 PAYMENT.
16 (B) MINORS.--FOR MINORS ENTITLED TO MEDICAL BENEFITS
17 DESCRIBED IN SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT)
18 OR 1712(1) (RELATING TO AVAILABILITY OF BENEFITS), AN ACTION FOR
19 MEDICAL BENEFITS SHALL BE COMMENCED WITHIN FOUR YEARS FROM THE
20 DATE ON WHICH THE INJURED MINOR ATTAINS 18 YEARS OF AGE.
21 (C) DEFINITION.--AS USED IN THIS SECTION THE TERM "FURTHER
22 BENEFITS" MEANS EXPENSES INCURRED NOT EARLIER THAN FOUR YEARS
23 PRECEDING THE DATE AN ACTION IS COMMENCED.
24 § 1722. PRECLUSION OF PLEADING AND PROVING OF REQUIRED
25 MEDICAL BENEFIT.
26 IN ANY ACTION FOR DAMAGES AGAINST A TORTFEASOR ARISING OUT OF
27 THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, A PERSON
28 WHO IS ELIGIBLE TO RECEIVE MEDICAL BENEFITS UNDER THE MINIMUM
29 REQUIRED COVERAGE SET FORTH IN SECTION 1711 (RELATING TO
30 REQUIRED MEDICAL BENEFIT) SHALL BE PRECLUDED FROM PLEADING OR
19830S0942B1646 - 15 -
1 INTRODUCING INTO EVIDENCE THE AMOUNT OF MEDICAL AND
2 REHABILITATIVE EXPENSES FOR WHICH SUCH BENEFITS WERE PAID OR ARE
3 PAYABLE. THIS PRECLUSION APPLIES ONLY TO THE AMOUNT OF REQUIRED
4 MEDICAL BENEFITS SET FORTH IN SECTION 1711.
5 § 1723. REPORTING REQUIREMENTS.
6 BEGINNING DECEMBER 31, 1985, AND EACH YEAR THEREAFTER, EACH
7 INSURANCE COMPANY WRITING AUTOMOBILE INSURANCE IN THIS
8 COMMONWEALTH SHALL FILE WITH THE INSURANCE DEPARTMENT THE NUMBER
9 OF ITS INSUREDS, THE NUMBER OF ITS INSUREDS WHO HAVE PURCHASED
10 FIRST PARTY MEDICAL BENEFITS IN EXCESS OF THE MINIMUM REQUIRED
11 BY SECTION 1711 (RELATING TO REQUIRED MEDICAL BENEFIT) AND THE
12 NUMBER OF INSUREDS WHO HAVE PURCHASED FIRST PARTY MEDICAL
13 BENEFITS IN THE AMOUNT OF $100,000. THE INSURANCE DEPARTMENT
14 SHALL FURNISH THIS INFORMATION TO THE GENERAL ASSEMBLY.
15 SUBCHAPTER C
16 UNINSURED AND UNDERINSURED MOTORIST COVERAGE
17 SEC.
18 1731. SCOPE AND AMOUNT OF COVERAGE.
19 1732. LIMITS OF COVERAGE.
20 1733. PRIORITY OF RECOVERY.
21 1734. REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE.
22 1735. COVERAGES UNAFFECTED BY WORKERS' COMPENSATION BENEFITS.
23 1736. COVERAGES IN EXCESS OF REQUIRED AMOUNTS.
24 § 1731. SCOPE AND AMOUNT OF COVERAGE.
25 (A) GENERAL RULE.--NO MOTOR VEHICLE LIABILITY INSURANCE
26 POLICY SHALL BE DELIVERED OR ISSUED FOR DELIVERY IN THIS
27 COMMONWEALTH, WITH RESPECT TO ANY MOTOR VEHICLE REGISTERED OR
28 PRINCIPALLY GARAGED IN THIS COMMONWEALTH, UNLESS UNINSURED
29 MOTORIST AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED
30 THEREIN OR SUPPLEMENTAL THERETO IN AMOUNTS EQUAL TO THE BODILY
19830S0942B1646 - 16 -
1 INJURY LIABILITY COVERAGE EXCEPT AS PROVIDED IN SECTION 1734
2 (RELATING TO REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE).
3 (B) UNINSURED MOTORIST COVERAGE.--UNINSURED MOTORIST
4 COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY
5 ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR
6 VEHICLE AND ARE LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR
7 FROM OWNERS OR OPERATORS OF UNINSURED MOTOR VEHICLES.
8 (C) UNDERINSURED MOTORIST COVERAGE.--UNDERINSURED MOTORIST
9 COVERAGE SHALL PROVIDE PROTECTION FOR PERSONS WHO SUFFER INJURY
10 ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A MOTOR
11 VEHICLE AND ARE LEGALLY ENTITLED TO RECOVER DAMAGES THEREFOR
12 FROM OWNERS OR OPERATORS OF UNDERINSURED MOTOR VEHICLES.
13 (D) LIMITATION ON RECOVERY.--A PERSON WHO RECOVERS DAMAGES
14 UNDER UNINSURED MOTORIST COVERAGE OR COVERAGES CANNOT RECOVER
15 DAMAGES UNDER UNDERINSURED MOTORIST COVERAGE OR COVERAGES FOR
16 THE SAME ACCIDENT.
17 § 1732. LIMITS OF COVERAGE.
18 COVERAGES OFFERED UNDER SECTION 1731 (RELATING TO SCOPE AND
19 AMOUNT OF COVERAGE) SHALL BE WRITTEN FOR THE SAME LIMITS. NO
20 CHANGE SHALL BE MADE IN THE LIMITS OF ONE OF THESE COVERAGES
21 WITHOUT AN EQUAL CHANGE IN THE LIMITS OF THE OTHER COVERAGE.
22 § 1733. PRIORITY OF RECOVERY.
23 WHERE MULTIPLE POLICIES APPLY, PAYMENT SHALL BE MADE IN THE
24 FOLLOWING ORDER OF PRIORITY:
25 (1) A POLICY COVERING A MOTOR VEHICLE OCCUPIED BY THE
26 INJURED PERSON AT THE TIME OF THE ACCIDENT.
27 (2) A POLICY COVERING A MOTOR VEHICLE NOT INVOLVED IN
28 THE ACCIDENT WITH RESPECT TO WHICH THE INJURED PERSON IS AN
29 INSURED.
30 § 1734. REQUEST FOR LOWER OR HIGHER LIMITS OF COVERAGE.
19830S0942B1646 - 17 -
1 A NAMED INSURED MAY REQUEST IN WRITING THE ISSUANCE OF
2 COVERAGES UNDER SECTION 1731 (RELATING TO SCOPE AND AMOUNT OF
3 COVERAGE) IN AMOUNTS LESS THAN THE LIMITS OF LIABILITY FOR
4 BODILY INJURY BUT IN NO EVENT LESS THAN THE AMOUNTS REQUIRED BY
5 THIS CHAPTER FOR BODILY INJURY. IF THE NAMED INSURED HAS
6 SELECTED UNINSURED AND UNDERINSURED MOTORIST COVERAGE IN
7 CONNECTION WITH A POLICY PREVIOUSLY ISSUED TO HIM BY THE SAME
8 INSURER UNDER SECTION 1731, THE COVERAGES OFFERED NEED NOT BE
9 PROVIDED IN EXCESS OF THE LIMITS OF LIABILITY PREVIOUSLY ISSUED
10 FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE UNLESS THE
11 NAMED INSURED REQUESTS IN WRITING HIGHER LIMITS OF LIABILITY FOR
12 THOSE COVERAGES.
13 § 1735. COVERAGES UNAFFECTED BY WORKERS' COMPENSATION BENEFITS.
14 THE COVERAGES REQUIRED BY THIS SUBCHAPTER SHALL NOT BE MADE
15 SUBJECT TO AN EXCLUSION OR REDUCTION IN AMOUNT BECAUSE OF ANY
16 WORKERS' COMPENSATION BENEFITS PAYABLE AS A RESULT OF THE SAME
17 INJURY.
18 § 1736. COVERAGES IN EXCESS OF REQUIRED AMOUNTS.
19 THE COVERAGES PROVIDED UNDER THIS SUBCHAPTER MAY BE OFFERED
20 BY INSURERS IN AMOUNTS HIGHER THAN THOSE REQUIRED BY THIS
21 CHAPTER, BUT MAY NOT BE GREATER THAN THE LIMITS OF LIABILITY
22 SPECIFIED IN THE BODILY INJURY LIABILITY PROVISIONS OF THE
23 INSURED'S POLICY.
24 SUBCHAPTER D
25 ASSIGNED RISK PLAN
26 SEC.
27 1741. ESTABLISHMENT.
28 1742. SCOPE OF PLAN.
29 1743. RATES.
30 1744. TERMINATION OF POLICIES.
19830S0942B1646 - 18 -
1 § 1741. ESTABLISHMENT.
2 THE INSURANCE DEPARTMENT SHALL, AFTER CONSULTATION WITH THE
3 INSURERS LICENSED TO WRITE MOTOR VEHICLE LIABILITY INSURANCE IN
4 THIS COMMONWEALTH, ADOPT A REASONABLE ASSIGNED RISK PLAN FOR THE
5 EQUITABLE APPORTIONMENT AMONG THOSE INSURERS OF APPLICANTS FOR
6 MOTOR VEHICLE LIABILITY INSURANCE WHO ARE ENTITLED TO, BUT ARE
7 UNABLE TO, PROCURE INSURANCE THROUGH ORDINARY METHODS. WHEN THE
8 PLAN HAS BEEN ADOPTED, ALL MOTOR VEHICLE LIABILITY INSURERS
9 SHALL SUBSCRIBE THERETO AND SHALL PARTICIPATE IN THE PLAN. THE
10 PLAN MAY PROVIDE REASONABLE MEANS FOR THE TRANSFER OF
11 INDIVIDUALS INSURED THEREUNDER INTO THE ORDINARY MARKET, AT THE
12 SAME OR LOWER RATES, PURSUANT TO REGULATIONS ESTABLISHED BY THE
13 DEPARTMENT.
14 § 1742. SCOPE OF PLAN.
15 THE ASSIGNED RISK PLAN SHALL:
16 (1) INCLUDE RULES FOR THE CLASSIFICATION OF RISKS AND
17 RATES THEREFOR.
18 (2) PROVIDE FOR THE INSTALLMENT PAYMENT OF PREMIUMS
19 SUBJECT TO CUSTOMARY TERMS AND CONDITIONS.
20 § 1743. RATES.
21 ALL RATES FOR THE ASSIGNED RISK PLAN SHALL BE SUBJECT TO THE
22 ACT OF JUNE 11, 1947 (P.L.538, NO.246), KNOWN AS THE CASUALTY
23 AND SURETY RATE REGULATORY ACT, AND SHALL NOT BE INADEQUATE,
24 EXCESSIVE OR UNFAIRLY DISCRIMINATORY.
25 § 1744. TERMINATION OF POLICIES.
26 CANCELLATION, REFUSAL TO RENEW AND OTHER TERMINATION OF
27 POLICIES ISSUED UNDER THE ASSIGNED RISK PLAN SHALL BE IN
28 ACCORDANCE WITH THE RULES OF THE PLAN.
29 SUBCHAPTER E
30 ASSIGNED CLAIMS PLAN
19830S0942B1646 - 19 -
1 SEC.
2 1751. ORGANIZATION.
3 1752. ELIGIBLE CLAIMANTS.
4 1753. BENEFITS AVAILABLE.
5 1754. UNINSURED MOTORIST COVERAGE.
6 1755. COORDINATION OF BENEFITS.
7 1756. SUBROGATION.
8 1757. STATUTE OF LIMITATIONS.
9 § 1751. ORGANIZATION.
10 INSURERS PROVIDING FINANCIAL RESPONSIBILITY AS REQUIRED BY
11 LAW SHALL ORGANIZE AND MAINTAIN, SUBJECT TO THE APPROVAL AND
12 REGULATION OF THE INSURANCE DEPARTMENT, AN ASSIGNED CLAIMS PLAN
13 AND ADOPT RULES FOR THE OPERATION AND FOR THE ASSESSMENT OF
14 COSTS ON A FAIR AND EQUITABLE BASIS.
15 § 1752. ELIGIBLE CLAIMANTS.
16 (A) GENERAL RULE.--A PERSON IS ELIGIBLE TO RECOVER BENEFITS
17 FROM THE ASSIGNED CLAIMS PLAN IF THE PERSON MEETS THE FOLLOWING
18 REQUIREMENTS:
19 (1) IS A RESIDENT OF THIS COMMONWEALTH.
20 (2) IS INJURED AS THE RESULT OF A MOTOR VEHICLE ACCIDENT
21 OCCURRING IN THIS COMMONWEALTH.
22 (3) IS NOT AN OWNER OF A CURRENTLY REGISTERED MOTOR
23 VEHICLE SUBJECT TO THIS CHAPTER.
24 (4) IS NOT THE OPERATOR OR OCCUPANT OF A MOTOR VEHICLE
25 OWNED BY THE FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES,
26 DEPARTMENTS OR AUTHORITIES.
27 (5) IS NOT THE OPERATOR OR OCCUPANT OF A MOTOR VEHICLE
28 OWNED BY A SELF-INSURER OR BY AN INDIVIDUAL OR ENTITY WHO OR
29 WHICH IS IMMUNE FROM LIABILITY FOR, OR IS NOT REQUIRED TO
30 PROVIDE, BENEFITS OR UNINSURED AND UNDERINSURED MOTORIST
19830S0942B1646 - 20 -
1 COVERAGE.
2 (6) IS OTHERWISE NOT ENTITLED TO RECEIVE ANY FIRST PARTY
3 BENEFITS UNDER SECTION 1711 (RELATING TO REQUIRED MEDICAL
4 BENEFIT) OR 1712 (RELATING TO AVAILABILITY OF BENEFITS)
5 APPLICABLE TO THE INJURY ARISING FROM THE ACCIDENT.
6 (7) IS NOT THE OPERATOR OR OCCUPANT OF A RECREATIONAL
7 VEHICLE NOT INTENDED FOR HIGHWAY USE, MOTORCYCLE, MOTOR-
8 DRIVEN CYCLE OR MOTORIZED PEDALCYCLE OR OTHER LIKE TYPE
9 VEHICLE REQUIRED TO BE REGISTERED UNDER THIS TITLE AND
10 INVOLVED IN THE ACCIDENT.
11 (B) GROUNDS FOR INELIGIBILITY.--A PERSON OTHERWISE
12 QUALIFYING AS AN ELIGIBLE CLAIMANT UNDER SUBSECTION (A) SHALL
13 NEVERTHELESS BE INELIGIBLE TO RECOVER BENEFITS FROM THE ASSIGNED
14 CLAIMS PLAN IF THAT PERSON CONTRIBUTED TO HIS OWN INJURY IN ANY
15 OF THE FOLLOWING WAYS:
16 (1) WHILE INTENTIONALLY INJURING HIMSELF OR ANOTHER OR
17 ATTEMPTING TO INTENTIONALLY INJURE HIMSELF OR ANOTHER.
18 (2) WHILE COMMITTING A FELONY.
19 (3) WHILE SEEKING TO ELUDE LAWFUL APPREHENSION OR ARREST
20 BY A LAW ENFORCEMENT OFFICIAL.
21 (4) WHILE KNOWINGLY CONVERTING A MOTOR VEHICLE.
22 § 1753. BENEFITS AVAILABLE.
23 AN ELIGIBLE CLAIMANT MAY RECOVER MEDICAL BENEFITS, AS
24 DESCRIBED IN SECTION 1712(1) (RELATING TO AVAILABILITY OF
25 BENEFITS), UP TO A MAXIMUM OF $5,000. NO INCOME LOSS BENEFIT OR
26 ACCIDENTAL DEATH BENEFIT SHALL BE PAYABLE UNDER THIS SUBCHAPTER.
27 FUNERAL EXPENSES, AS DESCRIBED IN SECTION 1712(4), IN THE AMOUNT
28 OF $2,500 SHALL BE RECOVERABLE AS AN OFFSET TO THE MAXIMUM
29 AMOUNT OF MEDICAL BENEFITS AVAILABLE UNDER THIS SECTION.
30 § 1754. UNINSURED MOTORIST COVERAGE.
19830S0942B1646 - 21 -
1 AN ELIGIBLE CLAIMANT WHO HAS NO OTHER SOURCE OF APPLICABLE
2 UNINSURED MOTORIST COVERAGE AND IS OTHERWISE ENTITLED TO RECOVER
3 IN AN ACTION IN TORT AGAINST A PARTY WHO HAS FAILED TO COMPLY
4 WITH THIS CHAPTER MAY RECOVER FOR LOSSES OR DAMAGES SUFFERED AS
5 A RESULT OF THE INJURY UP TO $20,000 FOR ACCIDENTS OCCURRING
6 PRIOR TO JULY 1, 1986 AND $25,000 FOR ACCIDENTS OCCURRING ON OR
7 AFTER THAT DATE, SUBJECT TO AN AGGREGATE LIMIT FOR ALL CLAIMS
8 ARISING OUT OF ANY ONE MOTOR VEHICLE ACCIDENT OF $40,000 FOR
9 ACCIDENTS OCCURRING PRIOR TO JULY 1, 1986 AND $50,000 FOR
10 ACCIDENTS OCCURRING ON OR AFTER THAT DATE. IF A CLAIMANT
11 RECOVERS MEDICAL BENEFITS UNDER SECTION 1753 (RELATING TO
12 BENEFITS AVAILABLE), THE AMOUNT OF MEDICAL BENEFITS RECOVERED OR
13 RECOVERABLE UP TO $5,000 SHALL BE SET OFF AGAINST ANY AMOUNTS
14 RECOVERABLE IN THIS SECTION.
15 § 1755. COORDINATION OF BENEFITS.
16 (A) WORKERS' COMPENSATION.--ALL BENEFITS (LESS REASONABLY
17 INCURRED COLLECTION COSTS) THAT AN ELIGIBLE CLAIMANT RECEIVES OR
18 IS ENTITLED TO RECEIVE FROM WORKERS' COMPENSATION AND FROM ANY
19 OTHER SOURCE UNDER LOCAL, STATE OR FEDERAL LAW SHALL BE
20 SUBTRACTED FROM ANY BENEFITS AVAILABLE IN SECTION 1753 (RELATING
21 TO BENEFITS AVAILABLE) UNLESS THE LAW AUTHORIZING OR PROVIDING
22 FOR THOSE BENEFITS MAKES THEM EXCESS OR SECONDARY TO THE
23 BENEFITS IN ACCORDANCE WITH THIS SUBCHAPTER.
24 (B) ACCIDENT AND HEALTH BENEFITS.--ALL BENEFITS AN ELIGIBLE
25 CLAIMANT RECEIVES OR IS ENTITLED TO RECEIVE AS A RESULT OF
26 INJURY FROM ANY AVAILABLE SOURCE OF ACCIDENT AND HEALTH BENEFITS
27 SHALL BE SUBTRACTED FROM THOSE BENEFITS AVAILABLE IN SECTION
28 1753.
29 § 1756. SUBROGATION.
30 THE ASSIGNED CLAIMS PLAN OR ITS ASSIGNEE IS ENTITLED TO
19830S0942B1646 - 22 -
1 RECOVER, IN ACCORDANCE WITH THE TORT LIABILITY LAW OF THIS
2 COMMONWEALTH, REIMBURSEMENT FOR BENEFITS PAID, LOSS ADJUSTMENT
3 COSTS AND ANY OTHER SUMS PAID TO AN ELIGIBLE CLAIMANT UNDER THIS
4 SUBCHAPTER.
5 § 1757. STATUTE OF LIMITATIONS.
6 (A) GENERAL RULE.--AN ACTION BY AN ELIGIBLE CLAIMANT TO
7 RECOVER BENEFITS FROM THE ASSIGNED CLAIMS PLAN SHALL BE
8 COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE ACCIDENT.
9 (B) MINORS.--FOR MINORS ENTITLED TO BENEFITS DESCRIBED IN
10 SECTION 1753 (RELATING TO BENEFITS AVAILABLE) OR 1754 (RELATING
11 TO UNINSURED MOTORIST COVERAGE), AN ACTION TO RECOVER THESE
12 BENEFITS OR COVERAGES SHALL BE COMMENCED WITHIN THREE YEARS FROM
13 THE DATE ON WHICH THE INJURED MINOR ATTAINS 18 YEARS OF AGE.
14 SUBCHAPTER F
15 CATASTROPHIC LOSS TRUST FUND
16 SEC.
17 1761. DEFINITIONS.
18 1762. FUNDING.
19 1763. ENFORCEMENT.
20 1764. CATASTROPHIC LOSS TRUST FUND.
21 1765. CATASTROPHIC LOSS TRUST FUND BOARD.
22 1766. BENEFITS.
23 1767. ANNUAL REPORTS.
24 1768. APPEALS.
25 1769. SUNSET REVIEW.
26 § 1761. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 "ADMINISTRATOR." THE ADMINISTRATOR DESIGNATED BY THE
19830S0942B1646 - 23 -
1 CATASTROPHIC LOSS TRUST FUND BOARD.
2 "BOARD." THE CATASTROPHIC LOSS TRUST FUND BOARD.
3 "CATASTROPHIC LOSS." AN INJURY, ARISING OUT OF THE
4 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, FOR WHICH THE
5 REASONABLE AND NECESSARY EXPENSES FOR MEDICAL TREATMENT AND
6 REHABILITATIVE SERVICES, AS DESCRIBED IN SECTION 1712(1)
7 (RELATING TO AVAILABILITY OF BENEFITS), EXCEED $100,000.
8 "CATASTROPHIC LOSS BENEFIT." PAYMENTS BY THE CATASTROPHIC
9 LOSS TRUST FUND FOR THOSE REASONABLE AND NECESSARY EXPENSES FOR
10 MEDICAL TREATMENT AND REHABILITATIVE SERVICES WHICH, AS
11 DESCRIBED IN SECTION 1712(1), EXCEED $100,000, SUBJECT TO THE
12 LIMITATIONS PROVIDED IN SECTION 1766 (RELATING TO BENEFITS).
13 CATASTROPHIC LOSS BENEFITS SHALL NOT DUPLICATE ANY OTHER <--
14 PAYMENTS FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES.
15 "ELIGIBLE CLAIMANT." EXCEPT AS PROVIDED IN THE DEFINITION OF
16 INELIGIBLE CLAIMANT, ELIGIBLE CLAIMANT INCLUDES A RESIDENT OF
17 THIS COMMONWEALTH WHO SUFFERS INJURY ON OR AFTER THE EFFECTIVE
18 DATE OF THIS SUBCHAPTER ARISING OUT OF THE OWNERSHIP,
19 MAINTENANCE AND USE OF A MOTOR VEHICLE IN THE UNITED STATES, ITS
20 TERRITORIES OR POSSESSIONS AND CANADA. THE ESTATE OF AN ELIGIBLE
21 CLAIMANT SHALL BE ENTITLED TO RECEIVE CATASTROPHIC LOSS BENEFITS
22 PURSUANT TO SECTION 1766 TO THE EXTENT THAT FINANCIAL
23 OBLIGATIONS FOR REASONABLE AND NECESSARY MEDICAL TREATMENT AND
24 REHABILITATIVE SERVICES WERE INCURRED BY THE ELIGIBLE CLAIMANT
25 PRIOR TO THE DEATH OF THAT PERSON. OTHERWISE ELIGIBLE CLAIMANTS
26 SHALL NOT BE DISQUALIFIED FROM PARTICIPATING IN OR RECEIVING
27 BENEFITS FROM THE CATASTROPHIC LOSS TRUST FUND FOR INJURIES
28 SUFFERED AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER BUT PRIOR
29 TO THEIR FIRST REGISTRATION RENEWAL AFTER THE EFFECTIVE DATE OF
30 THIS SUBCHAPTER.
19830S0942B1646 - 24 -
1 "EXECUTIVE DIRECTOR." THE EXECUTIVE DIRECTOR OF THE
2 CATASTROPHIC LOSS TRUST FUND BOARD.
3 "FUND." THE CATASTROPHIC LOSS TRUST FUND.
4 "FUND CHARGE." THE FUND CHARGE ESTABLISHED UNDER THIS
5 SUBCHAPTER.
6 "INELIGIBLE CLAIMANT." ANY OF THE FOLLOWING:
7 (1) A PERSON WHO IS THE OWNER OF A MOTOR VEHICLE WHO HAS
8 NOT COMPLIED WITH THE REGISTRATION REQUIREMENTS OF CHAPTER 13
9 (RELATING TO REGISTRATION OF VEHICLES) AND IS INJURED WHILE
10 DRIVING OR OCCUPYING THE VEHICLE.
11 (2) A PERSON WHO IS THE DRIVER OR OCCUPANT OF A
12 RECREATIONAL VEHICLE NOT INTENDED FOR HIGHWAY USE, A
13 MOTORCYCLE, A MOTORIZED PEDALCYCLE, A MOTOR-DRIVEN CYCLE OR
14 LIKE TYPE VEHICLE REQUIRED TO BE REGISTERED UNDER THIS TITLE
15 BUT NOT SUBJECT TO THE CHARGE LEVIED IN SECTION 1762
16 (RELATING TO FUNDING).
17 "MANAGER." THE MANAGER DESIGNATED BY THE CATASTROPHIC LOSS
18 TRUST FUND BOARD.
19 § 1762. FUNDING.
20 THE CATASTROPHIC LOSS TRUST FUND SHALL BE FUNDED BY LEVYING
21 AN INITIAL CHARGE OF $5 UPON ALL MOTOR VEHICLES REQUIRED TO BE
22 REGISTERED UNDER CHAPTER 13 (RELATING TO REGISTRATION OF
23 VEHICLES) EXCEPT TRAILERS, RECREATIONAL VEHICLES NOT INTENDED
24 FOR HIGHWAY USE, MOTORCYCLES, MOTOR-DRIVEN CYCLES, MOTORIZED
25 PEDALCYCLES OR LIKE TYPE VEHICLES. THIS CHARGE SHALL BE SEPARATE <--
26 FROM AND IN ADDITION TO THE REGISTRATION FEE OR FEES OTHERWISE
27 REQUIRED BY LAW AND SHALL BE REMITTED AT THE SAME TIME AS THE
28 PAYMENT OF THE REGISTRATION FEE DUE UNDER THIS TITLE. THE SHALL <--
29 BE REMITTED TO THE INSURANCE COMPANY AT THE SAME TIME AS THE
30 PAYMENT OF THE PREMIUM. UPON RECEIPT OF THE CHARGE, THE
19830S0942B1646 - 25 -
1 INSURANCE COMPANY SHALL REMIT IT TO THE INSURANCE DEPARTMENT FOR
2 DEPOSIT IN THE TRUST FUND. THE CATASTROPHIC LOSS TRUST FUND
3 BOARD SHALL DETERMINE BY JANUARY 1 OF EACH CALENDAR YEAR THE
4 AMOUNT OF THE FUND CHARGE FOR EACH REGISTRATION YEAR SUBSEQUENT
5 TO THE INITIAL REGISTRATION YEAR AND SHALL NOTIFY THE DEPARTMENT <--
6 OF TRANSPORTATION INSURANCE DEPARTMENT WHICH SHALL NOTIFY THE <--
7 INSURANCE COMPANIES TO COLLECT THE CHARGE TOGETHER WITH THE <--
8 MOTOR VEHICLE REGISTRATION FEE. THERE SHALL BE NO CHANGE IN THE
9 FUND CHARGE FOR THREE YEARS AFTER THE EFFECTIVE DATE OF THIS
10 SUBCHAPTER. THE INSURANCE DEPARTMENT SHALL PUBLISH NOTICE OF THE
11 FUND CHARGE TO BE LEVIED IN EACH REGISTRATION YEAR AT LEAST 30
12 DAYS PRIOR TO THE INITIATION OF THE CHARGE.
13 § 1763. ENFORCEMENT.
14 THE DEPARTMENT OF TRANSPORTATION SHALL REFUSE REGISTRATION OR
15 RENEWAL OR TRANSFER OF REGISTRATION TO THE OWNER OR OWNERS OF
16 ANY MOTOR VEHICLE FOR WHICH REGISTRATION IS REQUIRED UNDER THIS
17 SUBCHAPTER UNTIL THERE IS PROOF THAT THE AMOUNT LEVIED UNDER <--
18 THIS SUBCHAPTER IS WAS PAID. A PERSON REQUIRED TO PAY THE FUND <--
19 CHARGE REQUIRED BY SECTION 1762 (RELATING TO FUNDING) WHO FAILS
20 TO COMPLY WITH THIS REQUIREMENT SHALL BE INELIGIBLE TO
21 PARTICIPATE IN OR RECEIVE ANY CATASTROPHIC LOSS BENEFITS FROM
22 THE FUND.
23 § 1764. CATASTROPHIC LOSS TRUST FUND.
24 (A) ESTABLISHMENT.--A CATASTROPHIC LOSS TRUST FUND SHALL BE
25 ESTABLISHED TO PROVIDE FUNDS NECESSARY TO PAY CATASTROPHIC LOSS
26 BENEFITS.
27 (B) COMPOSITION.--THE FUND SHALL BE COMPOSED OF MONEYS
28 CONTRIBUTED PURSUANT TO SECTION 1762 (RELATING TO FUNDING) AND
29 FUNDS EARNED BY THE INVESTMENT AND REINVESTMENT OF SUCH MONEYS.
30 THE FUND SHALL BE HELD IN TRUST, BE DEPOSITED IN A SEPARATE
19830S0942B1646 - 26 -
1 ACCOUNT AND BE THE SOLE AND EXCLUSIVE SOURCE OF FUNDING FOR THE
2 PAYMENT OF CATASTROPHIC LOSS BENEFITS AND THE ADMINISTRATION OF
3 THE FUND.
4 (C) SEPARATION FROM GENERAL FUND AND MOTOR LICENSE FUND.--
5 THE FUND AND ALL INCOME EARNED BY IT SHALL NOT BECOME PART OF
6 THE GENERAL FUND OR MOTOR LICENSE FUND AND NO OBLIGATIONS OR
7 EXPENSE OF OR CLAIM AGAINST THE FUND SHALL CONSTITUTE A DEBT OF
8 THE COMMONWEALTH OR A CHARGE AGAINST THE GENERAL FUND OR MOTOR
9 LICENSE FUND.
10 (D) EXPENSES IN COLLECTING FUND CHARGE.--ANY EXPENSE
11 INCURRED BY THE COMMONWEALTH IN THE COLLECTION OF THE FUND
12 CHARGE SHALL BE PAID BY THE FUND.
13 § 1765. CATASTROPHIC LOSS TRUST FUND BOARD.
14 (A) COMPOSITION.--THE FUND SHALL BE UNDER THE GENERAL
15 SUPERVISION OF A BOARD OF DIRECTORS, WHICH BOARD SHALL BE AN <--
16 INDEPENDENT BOARD IN THE INSURANCE DEPARTMENT AND WHICH BOARD
17 SHALL BE COMPRISED OF NINE PERSONS AS FOLLOWS:
18 (1) FOUR MEMBERS OF THE GENERAL ASSEMBLY APPOINTED FOR
19 TWO YEARS AS FOLLOWS:
20 (I) ONE APPOINTED BY THE PRESIDENT PRO TEMPORE OF
21 THE SENATE.
22 (II) ONE APPOINTED BY THE MINORITY LEADER OF THE
23 SENATE.
24 (III) ONE APPOINTED BY THE SPEAKER OF THE HOUSE OF
25 REPRESENTATIVES.
26 (IV) ONE APPOINTED BY THE MINORITY LEADER OF THE
27 HOUSE OF REPRESENTATIVES.
28 (2) FOUR PUBLIC MEMBERS APPOINTED BY THE GENERAL
29 ASSEMBLY FOR TWO YEARS AS FOLLOWS:
30 (I) ONE APPOINTED BY THE PRESIDENT PRO TEMPORE OF
19830S0942B1646 - 27 -
1 THE SENATE.
2 (II) ONE APPOINTED BY THE MINORITY LEADER OF THE
3 SENATE.
4 (III) ONE APPOINTED BY THE SPEAKER OF THE HOUSE OF
5 REPRESENTATIVES.
6 (IV) ONE APPOINTED BY THE MINORITY LEADER OF THE
7 HOUSE OF REPRESENTATIVES.
8 (3) THE INSURANCE COMMISSIONER WHO SHALL SERVE AS
9 CHAIRMAN.
10 (B) COMPENSATION.--PUBLIC MEMBERS OF THE BOARD SHALL RECEIVE
11 NO COMPENSATION OF THEIR SERVICES BUT SHALL BE REIMBURSED FROM
12 THE FUND FOR REASONABLE EXPENSES INCURRED IN CARRYING OUT THEIR
13 DUTIES.
14 (C) POWERS AND DUTIES.--
15 (1) THE BOARD SHALL EMPLOY AND FIX THE COMPENSATION OF
16 AN EXECUTIVE DIRECTOR WHO SHALL CARRY OUT THE DECISIONS OF
17 THE BOARD. THE EXECUTIVE DIRECTOR IN CONSULTATION WITH THE
18 INSURANCE COMMISSIONER AND SUBJECT TO THE APPROVAL OF THE
19 BOARD SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
20 CARRY OUT THE PURPOSES OF THE FUND.
21 (2) THE BOARD SHALL CONTRACT WITH AN ENTITY
22 (ADMINISTRATOR) DEEMED QUALIFIED BY THE INSURANCE
23 COMMISSIONER TO PROVIDE ELIGIBLE CLAIMANTS WITH CATASTROPHIC
24 LOSS BENEFITS. THE CONTRACT SHALL NOT BE FOR A TERM IN EXCESS
25 OF TWO YEARS. CONTRACTS SHALL BE LET PURSUANT TO THE BIDDING
26 PROCEDURES OF THE COMMONWEALTH.
27 (3) THE BOARD SHALL CONTRACT WITH AN ENTITY (MANAGER)
28 DEEMED QUALIFIED BY THE INSURANCE COMMISSIONER AND THE STATE
29 TREASURER TO MANAGE THE MONEYS OF THE FUND INCLUDING THEIR
30 INVESTMENT AND REINVESTMENT WITHIN THE FRAMEWORK OF THE RULES
19830S0942B1646 - 28 -
1 AND REGULATIONS OF THE FUND.
2 (4) THE BOARD SHALL CONTRACT FOR SUCH OTHER PROFESSIONAL
3 SERVICES, TO INCLUDE, BUT NOT BE LIMITED TO, ACCOUNTANTS,
4 QUALITY CONTROL AUDITORS AND ACTUARIES, NECESSARY TO ENSURE
5 CONTRACT COMPLIANCE BY THE ADMINISTRATOR AND MANAGER, AND
6 DETERMINE FUTURE FUND CHARGES.
7 (5) THE BOARD MAY PURCHASE ON BEHALF OF THE FUND SUCH
8 INSURANCE AND REINSURANCE AS MAY BE NECESSARY TO PRESERVE THE
9 FINANCIAL SOLVENCY OF THE FUND.
10 (6) ANNUALLY, THE BOARD SHALL CONSULT WITH THE
11 ADMINISTRATOR, THE MANAGER AND AN ACTUARY TO DEVELOP THE FUND
12 CHARGE. THE CHARGE SHALL BE SUFFICIENT TO ENSURE THE FUND HAS
13 MONEYS TO PAY ALL CLAIMS AND EXPENSES FOR THE SUCCEEDING YEAR
14 AND DEVELOP ACTUARILY SOUND RESERVES FOR INCURRED CLAIMS.
15 (D) DUTIES OF EXECUTIVE DIRECTOR.--
16 (1) THE EXECUTIVE DIRECTOR SHALL RECEIVE ALL CLAIMS FOR
17 CATASTROPHIC LOSS BENEFITS, FORWARD THEM TO THE ADMINISTRATOR
18 FOR HANDLING AND MONITOR THEIR PROGRESS.
19 (2) THE EXECUTIVE DIRECTOR SHALL ASSIST ANY PARTY WITH
20 WHOM THE BOARD HAS CONTRACTED PURSUANT TO THIS SECTION IN THE
21 PERFORMANCE OF THEIR DUTIES.
22 (3) THE EXECUTIVE DIRECTOR SHALL ESTABLISH A PROGRAM TO
23 ASSURE CONTINUING PUBLICITY TO THE RESIDENTS OF THIS
24 COMMONWEALTH WITH RESPECT TO THE EXISTENCE OF THE FUND, THE
25 COVERAGES AFFORDED THEREBY AND THE MANNER OF THE PRESENTATION
26 OF CLAIMS THERETO.
27 (4) SUBJECT TO THE APPROVAL OF THE BOARD, THE EXECUTIVE
28 DIRECTOR SHALL EMPLOY SUCH CLERICAL STAFF AS MAY BE NECESSARY
29 TO PERFORM HIS ASSIGNED DUTIES.
30 (E) DUTIES OF ADMINISTRATOR.--
19830S0942B1646 - 29 -
1 (1) THE ADMINISTRATOR, UPON RECEIPT OF A CLAIM FOR
2 CATASTROPHIC LOSS BENEFITS, SHALL DETERMINE THE ELIGIBILITY
3 OF THE CLAIMANT. IF THE CLAIMANT IS FOUND TO BE ELIGIBLE, THE
4 ADMINISTRATOR SHALL ESTABLISH A MECHANISM WHEREBY PAYMENTS TO
5 THE PROVIDER FOR REASONABLE AND NECESSARY MEDICAL TREATMENT
6 AND REHABILITATIVE SERVICES SHALL BE PROMPTLY MADE IN AMOUNTS
7 NOT IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS
8 SUBCHAPTER.
9 (2) THE ADMINISTRATOR, NOT LESS THAN ANNUALLY, SHALL
10 EVALUATE THE MEDICAL TREATMENT AND REHABILITATIVE SERVICES
11 BEING PROVIDED EACH ELIGIBLE CLAIMANT TO ASSURE THAT THE SAME
12 REPRESENTS THE MOST PRUDENT EXPENDITURE OF FUNDS.
13 (F) DUTIES OF MANAGER.--
14 (1) THE MANAGER SHALL ACCEPT THE MONEYS OF THE FUND
15 COLLECTED BY THE DEPARTMENT OF TRANSPORTATION.
16 (2) THE MANAGER MAY INVEST AND REINVEST THE MONEYS OF
17 THE FUND IN THE TYPE OF INVESTMENTS AND IN A MANNER AS
18 DETERMINED BY THE INSURANCE DEPARTMENT BASED UPON INVESTMENTS
19 ALLOWED BY LAW AND INVESTMENT POLICIES FOR SIMILAR
20 FIDUCIARIES.
21 § 1766. BENEFITS.
22 (A) GENERAL RULE.--SUBJECT TO THE LIMITATIONS SET FORTH IN
23 SUBSECTION (B), THE CATASTROPHIC LOSS TRUST FUND SHALL PROVIDE
24 CATASTROPHIC LOSS BENEFITS TO ELIGIBLE CLAIMANTS FOR THE PAYMENT
25 OF EXPENSES FOR MEDICAL TREATMENT AND REHABILITATIVE SERVICES IN
26 EXCESS OF $100,000. NO PAYMENT SHALL BE MADE BY THE FUND FOR THE
27 FIRST $100,000 OF EXPENSE FOR MEDICAL TREATMENT AND
28 REHABILITATIVE SERVICES INCURRED BY AN ELIGIBLE CLAIMANT.
29 (B) MAXIMUM BENEFIT.--THE MAXIMUM CATASTROPHIC LOSS BENEFIT
30 WHICH SHALL BE PAID BY THE FUND ON BEHALF OF ANY ONE ELIGIBLE
19830S0942B1646 - 30 -
1 CLAIMANT SHALL BE $50,000 PER YEAR AND $1,000,000 LIFETIME
2 AGGREGATE, UNLESS SAID EXPENSES FOR MEDICAL TREATMENT ARE <--
3 INCURRED AND PAID WITHIN ONE CALENDAR YEAR SUBJECT TO THE
4 $1,000,000 LIMIT.
5 (C) EFFECT OF OTHER BENEFITS.--EXCEPT FOR WORKERS'
6 COMPENSATION, CATASTROPHIC LOSS BENEFITS PAID BY THE FUND SHALL
7 BE PRIMARY TO ANY OTHER AVAILABLE SOURCE OF ACCIDENT OR HEALTH
8 BENEFITS INCLUDING ANY PROGRAM, GROUP CONTRACT OR OTHER PRIVATE
9 OR PUBLIC SOURCE OF BENEFITS UNLESS THE LAW AUTHORIZING OR
10 PROVIDING THOSE BENEFITS MAKES THE BENEFITS PRIMARY TO THE
11 BENEFITS PROVIDED UNDER THIS SUBCHAPTER.
12 (D) STRUCTURED SETTLEMENTS.--THE ADMINISTRATOR MAY ENTER
13 INTO STRUCTURED SETTLEMENTS TO PAY BENEFITS UNDER THIS
14 SUBCHAPTER. WHERE IT APPEARS THE SETTLEMENT WILL BE BOTH COST
15 EFFECTIVE TO THE FUND AND IN THE BEST INTEREST OF THE CLAIMANT,
16 THE RESTRICTIONS IN SUBSECTION (B) SHALL NOT APPLY TO THIS
17 SUBSECTION, BUT IN NO EVENT SHALL THE COST OF THE STRUCTURED
18 SETTLEMENT EXCEED THE AGGREGATE MAXIMUM OF $1,000,000.
19 (E) PRECLUSION OF PLEADING AND PROVING BENEFITS.--IN ANY
20 ACTION FOR DAMAGES AGAINST A TORTFEASOR ARISING OUT OF THE
21 OWNERSHIP, MAINTENANCE OR USE OF A MOTOR VEHICLE, A PERSON WHO
22 IS ELIGIBLE TO RECEIVE CATASTROPHIC LOSS BENEFITS SHALL BE
23 PRECLUDED FROM PLEADING OR INTRODUCING INTO EVIDENCE THE AMOUNT
24 OF MEDICAL AND REHABILITATIVE EXPENSES FOR WHICH SUCH BENEFITS
25 WERE PAID OR ARE PAYABLE. THIS PRECLUSION APPLIES ONLY TO
26 CATASTROPHIC LOSS BENEFITS.
27 (F) SUBROGATION.--THERE SHALL BE NO SUBROGATION OR
28 REIMBURSEMENT FROM A CLAIMANT'S TORT RECOVERY WITH RESPECT TO
29 CATASTROPHIC LOSS BENEFITS.
30 § 1767. ANNUAL REPORTS.
19830S0942B1646 - 31 -
1 BY MARCH 1 OF EACH YEAR SUBSEQUENT TO THE FIRST FULL CALENDAR
2 YEAR AFTER THE EFFECTIVE DATE OF THIS SUBCHAPTER, THE INSURANCE
3 DEPARTMENT SHALL PREPARE AND PROVIDE TO THE GOVERNOR AND TO THE
4 GENERAL ASSEMBLY A WRITTEN REPORT OF THE STATUS AND ACTIVITIES
5 OF THE CATASTROPHIC LOSS TRUST FUND. IN ITS SECOND ANNUAL REPORT
6 AND IN EVERY SECOND ANNUAL REPORT THEREAFTER, THE DEPARTMENT
7 SHALL INCLUDE IN ITS REPORT FINDINGS AND RECOMMENDATIONS WITH
8 RESPECT TO THE OPERATION OF THE FUND AND THE ACTUARIAL SOUNDNESS
9 OF THE FUND. EACH ANNUAL REPORT SHALL ALSO INCLUDE AN AUDIT BY
10 THE AUDITOR GENERAL OF THE AMOUNTS PAID TO EACH ELIGIBLE PERSON
11 SO AS TO AVOID DUPLICATIONS, ERRORS OR FRAUD.
12 § 1768. APPEALS.
13 IF ANY PERSON MAKING A CLAIM FOR BENEFITS FROM THE
14 CATASTROPHIC LOSS TRUST FUND DISPUTES A DETERMINATION OF THE
15 ADMINISTRATOR CONCERNING ELIGIBILITY FOR BENEFITS, ALLOWANCE OF
16 BENEFITS OR OTHERWISE, THE PERSON SO CLAIMING MAY REQUEST THAT
17 THE INSURANCE COMMISSIONER REVIEW THE DETERMINATION OF THE
18 ADMINISTRATOR. THE INSURANCE COMMISSIONER SHALL PROVIDE THE
19 PERSON SO CLAIMING AND THE ADMINISTRATOR THE OPPORTUNITY TO
20 PRESENT STATEMENTS OR OTHER DOCUMENTS AND, AT THE ELECTION OF
21 EITHER OF THESE INDIVIDUALS, THE OPPORTUNITY FOR A HEARING
22 PURSUANT TO TITLE 2 (RELATING TO ADMINISTRATIVE LAW AND
23 PROCEDURE).
24 § 1769. SUNSET REVIEW.
25 THIS SUBCHAPTER SHALL BE SUBJECT TO PERIODIC EVALUATION,
26 REVIEW AND TERMINATION OR CONTINUATION UNDER THE ACT OF DECEMBER
27 22, 1981 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT, EVERY SIX
28 YEARS COMMENCING WITH AN INITIAL TERMINATION DATE OF DECEMBER
29 31, 1990.
30 SUBCHAPTER G
19830S0942B1646 - 32 -
1 NONPAYMENT OF JUDGMENTS
2 SEC.
3 1771. COURT REPORTS ON NONPAYMENT OF JUDGMENTS.
4 1772. SUSPENSION FOR NONPAYMENT OF JUDGMENTS.
5 1773. CONTINUATION OF SUSPENSION UNTIL JUDGMENTS PAID AND
6 PROOF GIVEN.
7 1774. PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS.
8 1775. INSTALLMENT PAYMENT OF JUDGMENTS.
9 § 1771. COURT REPORTS ON NONPAYMENT OF JUDGMENTS.
10 (A) GENERAL RULE.--WHENEVER ANY PERSON FAILS WITHIN 60 DAYS
11 TO SATISFY ANY JUDGMENT ARISING FROM A MOTOR VEHICLE ACCIDENT,
12 THE JUDGMENT CREDITOR MAY FORWARD TO THE DEPARTMENT A CERTIFIED
13 COPY OF THE JUDGMENT.
14 (B) NOTICE TO STATE OF NONRESIDENT DEFENDANT.--IF THE
15 DEFENDANT NAMED IN ANY CERTIFIED COPY OF A JUDGMENT REPORTED TO
16 THE DEPARTMENT IS A NONRESIDENT, THE DEPARTMENT SHALL TRANSMIT A
17 CERTIFIED COPY OF THE JUDGMENT TO THE OFFICIAL IN CHARGE OF THE
18 ISSUANCE OF LICENSES AND REGISTRATION CERTIFICATES OF THE STATE
19 OF WHICH THE DEFENDANT IS A RESIDENT.
20 § 1772. SUSPENSION FOR NONPAYMENT OF JUDGMENTS.
21 (A) GENERAL RULE.--THE DEPARTMENT, UPON RECEIPT OF A
22 CERTIFIED COPY OF A JUDGMENT, SHALL SUSPEND THE OPERATING
23 PRIVILEGE OF EACH PERSON AGAINST WHOM THE JUDGMENT WAS RENDERED
24 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN SECTION 1775
25 (RELATING TO INSTALLMENT PAYMENT OF JUDGMENTS).
26 (B) NONSUSPENSION WITH CONSENT OF JUDGMENT CREDITOR.--IF THE
27 JUDGMENT CREDITOR CONSENTS IN WRITING, IN SUCH FORM AS THE
28 DEPARTMENT MAY PRESCRIBE, THAT THE JUDGMENT DEBTOR'S OPERATING
29 PRIVILEGE BE RETAINED OR RESTORED, THE DEPARTMENT SHALL NOT
30 SUSPEND OR SHALL RESTORE UNTIL THE CONSENT IS REVOKED IN
19830S0942B1646 - 33 -
1 WRITING, NOTWITHSTANDING DEFAULT IN THE PAYMENT OF THE JUDGMENT,
2 OR OF ANY INSTALLMENT THEREOF PRESCRIBED IN SECTION 1775,
3 PROVIDED THE JUDGMENT DEBTOR FURNISHES PROOF OF FINANCIAL
4 RESPONSIBILITY.
5 (C) FINANCIAL RESPONSIBILITY IN EFFECT AT TIME OF
6 ACCIDENT.--ANY PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
7 SUSPENDED, OR IS ABOUT TO BE SUSPENDED OR BECOME SUBJECT TO
8 SUSPENSION, UNDER THIS CHAPTER, SHALL BE RELIEVED FROM THE
9 EFFECT OF THE JUDGMENT AS PRESCRIBED IN THIS CHAPTER IF THE
10 PERSON FILES EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
11 FINANCIAL RESPONSIBILITY WAS IN FORCE AND EFFECT AT THE TIME OF
12 THE ACCIDENT RESULTING IN THE JUDGMENT AND IS OR SHOULD BE
13 AVAILABLE FOR THE SATISFACTION OF THE JUDGMENT. IF INSURANCE
14 ALREADY OBTAINED IS NOT AVAILABLE BECAUSE THE INSURANCE COMPANY
15 HAS GONE INTO RECEIVERSHIP OR BANKRUPTCY, THE PERSON SHALL ONLY
16 BE REQUIRED TO PRESENT TO OR FILE WITH THE DEPARTMENT PROPER
17 EVIDENCE THAT AN INSURANCE POLICY WAS IN FORCE AND EFFECT AT THE
18 TIME OF THE ACCIDENT.
19 § 1773. CONTINUATION OF SUSPENSION UNTIL JUDGMENTS PAID AND
20 PROOF GIVEN.
21 A PERSON'S OPERATING PRIVILEGE SHALL REMAIN SUSPENDED AND
22 SHALL NOT BE RENEWED IN THE NAME OF THAT PERSON UNLESS AND UNTIL
23 EVERY JUDGMENT IS STAYED, SATISFIED IN FULL OR TO THE EXTENT
24 PROVIDED IN THIS SUBCHAPTER, AND UNTIL THE PERSON FURNISHES
25 PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED.
26 § 1774. PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS.
27 (A) GENERAL RULE.--FOR THE PURPOSE OF THIS CHAPTER ONLY,
28 JUDGMENTS SHALL BE DEEMED SATISFIED UPON THE OCCURRENCE OF ONE
29 OF THE FOLLOWING:
30 (1) WHEN $25,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
19830S0942B1646 - 34 -
1 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF INJURY
2 TO ONE PERSON AS THE RESULT OF ANY ONE ACCIDENT. PRIOR TO
3 JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED SHALL BE
4 $20,000.
5 (2) WHEN $50,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
6 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF INJURY
7 TO TWO OR MORE PERSONS AS THE RESULT OF ANY ONE ACCIDENT.
8 PRIOR TO JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED
9 SHALL BE $40,000.
10 (3) WHEN $10,000 HAS BEEN CREDITED UPON ANY JUDGMENT OR
11 JUDGMENTS RENDERED IN EXCESS OF THAT AMOUNT BECAUSE OF DAMAGE
12 TO PROPERTY OF OTHERS AS THE RESULT OF ANY ONE ACCIDENT.
13 PRIOR TO JULY 1, 1986, THE AMOUNT REQUIRED TO BE CREDITED
14 SHALL BE $7,500.
15 (B) CREDIT FOR PAYMENT UNDER SETTLEMENT.--PAYMENTS MADE IN
16 SETTLEMENT OF ANY CLAIMS BECAUSE OF BODILY INJURY OR PROPERTY
17 DAMAGE ARISING FROM A MOTOR VEHICLE ACCIDENT SHALL BE CREDITED
18 IN REDUCTION OF THE AMOUNTS PROVIDED FOR IN THIS SECTION.
19 (C) ESCROW DEPOSIT BY JUDGMENT DEBTOR.--WHEN THE JUDGMENT
20 CREDITOR CANNOT BE FOUND, THE JUDGMENT DEBTOR MAY DEPOSIT IN
21 ESCROW WITH THE PROTHONOTARY OF THE COURT WHERE THE JUDGMENT WAS
22 ENTERED AN AMOUNT EQUAL TO THE AMOUNT OF THE JUDGMENT, SUBJECT
23 TO THE LIMITS SET FORTH IN SUBSECTION (A), INTEREST TO DATE AND
24 RECORD COSTS, WHEREUPON THE PROTHONOTARY SHALL NOTIFY THE
25 DEPARTMENT AND THE JUDGMENT SHALL BE DEEMED SATISFIED. THE
26 AMOUNT DEPOSITED SHALL BE RETAINED BY THE PROTHONOTARY FOR A
27 PERIOD OF FIVE YEARS FROM THE DATE OF THE DEPOSIT, AFTER WHICH,
28 IF IT HAS NOT BEEN CLAIMED BY THE JUDGMENT CREDITOR, IT SHALL BE
29 RETURNED TO THE JUDGMENT DEBTOR. WHEN THE DEPOSIT IS MADE, THE
30 PROTHONOTARY SHALL NOTIFY THE JUDGMENT CREDITOR AND HIS COUNSEL,
19830S0942B1646 - 35 -
1 IF ANY, BY CERTIFIED OR REGISTERED MAIL AT HIS LAST KNOWN
2 ADDRESS. NO INTEREST SHALL RUN ON ANY JUDGMENT WITH RESPECT TO
3 THE AMOUNT DEPOSITED WITH THE PROTHONOTARY UNDER THE TERMS OF
4 THIS SUBSECTION.
5 § 1775. INSTALLMENT PAYMENT OF JUDGMENTS.
6 (A) ORDER AUTHORIZING INSTALLMENT PAYMENT.--A JUDGMENT
7 DEBTOR, UPON DUE NOTICE TO THE JUDGMENT CREDITOR, MAY APPLY TO
8 THE COURT IN WHICH THE JUDGMENT WAS RENDERED FOR THE PRIVILEGE
9 OF PAYING THE JUDGMENT IN INSTALLMENTS AND THE COURT, IN ITS
10 DISCRETION AND WITHOUT PREJUDICE TO ANY OTHER LEGAL REMEDIES
11 WHICH THE JUDGMENT CREDITOR MAY HAVE, MAY SO ORDER AND FIX THE
12 AMOUNTS AND TIMES OF PAYMENT OF THE INSTALLMENTS.
13 (B) SUSPENSION PROHIBITED DURING COMPLIANCE WITH ORDER.--THE
14 DEPARTMENT SHALL NOT SUSPEND A DRIVER'S OPERATING PRIVILEGE AND
15 SHALL RESTORE ANY OPERATING PRIVILEGE SUSPENDED FOLLOWING
16 NONPAYMENT OF A JUDGMENT WHEN THE JUDGMENT DEBTOR OBTAINS AN
17 ORDER PERMITTING PAYMENT OF THE JUDGMENT IN INSTALLMENTS AND
18 WHILE THE PAYMENT OF ANY INSTALLMENT IS NOT IN DEFAULT, PROVIDED
19 THAT THE JUDGMENT DEBTOR FURNISHES PROOF OF FINANCIAL
20 RESPONSIBILITY.
21 (C) SUSPENSION FOR DEFAULT IN PAYMENT.--IN THE EVENT THE
22 JUDGMENT DEBTOR FAILS TO PAY ANY INSTALLMENT AS SPECIFIED BY THE
23 ORDER, THEN, UPON NOTICE OF THE DEFAULT, THE DEPARTMENT SHALL
24 SUSPEND THE OPERATING PRIVILEGE OF THE JUDGMENT DEBTOR UNTIL THE
25 JUDGMENT IS SATISFIED AS PROVIDED IN THIS CHAPTER.
26 SUBCHAPTER H
27 PROOF OF FINANCIAL RESPONSIBILITY
28 SEC.
29 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL
30 RESPONSIBILITY.
19830S0942B1646 - 36 -
1 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY.
2 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING
3 OPERATING PRIVILEGE OR REGISTRATION. <--
4 1784. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING VIOLATION.
5 1785. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT.
6 1786. SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY.
7 § 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL
8 RESPONSIBILITY.
9 AN APPLICANT FOR REGISTRATION OF A VEHICLE SHALL ACKNOWLEDGE
10 ON A FORM DEVELOPED BY THE DEPARTMENT OF TRANSPORTATION THAT THE
11 APPLICANT KNOWS HE MAY LOSE HIS OPERATING PRIVILEGE OR VEHICLE
12 REGISTRATIONS IF HE FAILS TO EVIDENCE FINANCIAL RESPONSIBILITY
13 FOR THE PURPOSES DESCRIBED IN SECTION 1772 (RELATING TO
14 SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1783 (RELATING TO PROOF
15 OF FINANCIAL RESPONSIBILITY BEFORE RESTORING OPERATING PRIVILEGE
16 OR REGISTRATION), 1784 (RELATING TO PROOF OF FINANCIAL <--
17 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF
18 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT).
19 § 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY.
20 (A) GENERAL RULE.--PROOF OF FINANCIAL RESPONSIBILITY MAY BE
21 FURNISHED BY FILING EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
22 ALL MOTOR VEHICLES REGISTERED IN A PERSON'S NAME ARE COVERED BY
23 MOTOR VEHICLE LIABILITY INSURANCE OR OTHER RELIABLE FINANCIAL
24 ARRANGEMENTS, DEPOSITS, RESOURCES OR COMMITMENTS EQUAL TO THAT
25 AFFORDED BY A CONTRACT OF INSURANCE COMPLYING WITH THIS CHAPTER.
26 (B) NONRESIDENT.--THE NONRESIDENT OWNER OF A MOTOR VEHICLE
27 NOT REGISTERED IN THIS COMMONWEALTH MAY GIVE PROOF OF FINANCIAL
28 RESPONSIBILITY BY FILING WITH THE DEPARTMENT A WRITTEN
29 CERTIFICATE OR CERTIFICATES OF AN INSURANCE COMPANY AUTHORIZED
30 TO TRANSACT BUSINESS IN THE STATE IN WHICH THE MOTOR VEHICLE OR
19830S0942B1646 - 37 -
1 MOTOR VEHICLES DESCRIBED IN THE CERTIFICATE IS REGISTERED OR, IF
2 THE NONRESIDENT DOES NOT OWN A MOTOR VEHICLE, THEN EVIDENCE
3 SATISFACTORY TO THE DEPARTMENT THAT THE PERSON DOES NOT OWN A
4 MOTOR VEHICLE. THE DEPARTMENT SHALL ACCEPT THE CERTIFICATE UPON
5 CONDITION THAT THE INSURANCE COMPANY COMPLIES WITH THE FOLLOWING
6 PROVISIONS WITH RESPECT TO THE POLICIES SO CERTIFIED:
7 (1) THE INSURANCE COMPANY SHALL EXECUTE A POWER OF
8 ATTORNEY AUTHORIZING THE DEPARTMENT TO ACCEPT SERVICE ON ITS
9 BEHALF OR PROCESS IN ANY ACTION ARISING OUT OF A MOTOR
10 VEHICLE ACCIDENT IN THIS COMMONWEALTH.
11 (2) THE INSURANCE COMPANY SHALL AGREE IN WRITING THAT
12 THE POLICIES SHALL BE DEEMED TO CONFORM WITH THE LAWS OF THIS
13 COMMONWEALTH RELATING TO THE TERMS OF MOTOR VEHICLE LIABILITY
14 POLICIES ISSUED IN THIS COMMONWEALTH.
15 (C) DEFAULT BY FOREIGN INSURANCE COMPANY.--IF ANY INSURANCE
16 COMPANY NOT AUTHORIZED TO TRANSACT BUSINESS IN THIS
17 COMMONWEALTH, WHICH HAS QUALIFIED TO FURNISH PROOF OF FINANCIAL
18 RESPONSIBILITY, DEFAULTS IN ANY UNDERTAKINGS OR AGREEMENTS, THE
19 DEPARTMENT SHALL NOT THEREAFTER ACCEPT AS PROOF ANY CERTIFICATE
20 OF THE COMPANY WHETHER THERETOFORE FILED OR THEREAFTER TENDERED
21 AS PROOF AS LONG AS THE DEFAULT CONTINUES.
22 § 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING
23 OPERATING PRIVILEGE OR REGISTRATION. <--
24 WHENEVER THE DEPARTMENT SUSPENDS OR REVOKES THE OPERATING
25 PRIVILEGE OF ANY PERSON OR THE REGISTRATION OF ANY VEHICLE <--
26 PURSUANT TO SECTION 1532 (RELATING TO REVOCATION OR SUSPENSION
27 OF OPERATING PRIVILEGE), 1542 (RELATING TO REVOCATION OF
28 HABITUAL OFFENDER'S LICENSE), 1772 (RELATING TO SUSPENSION FOR
29 NONPAYMENT OF JUDGMENTS), 1784 (RELATING TO PROOF OF FINANCIAL
30 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF
19830S0942B1646 - 38 -
1 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT), OR UPON
2 RECEIVING THE RECORD OF A CONVICTION OR FORFEITURE OF BAIL, THE
3 DEPARTMENT SHALL NOT RESTORE THE OPERATING PRIVILEGE OR THE
4 APPLICABLE REGISTRATION UNTIL THE PERSON FURNISHES PROOF OF
5 FINANCIAL RESPONSIBILITY.
6 § 1784. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING VIOLATION.
7 A DEFENDANT WHO IS CONVICTED OF A TRAFFIC OFFENSE, OTHER THAN
8 A PARKING OFFENSE, THAT REQUIRES A COURT APPEARANCE SHALL BE
9 REQUIRED TO SHOW PROOF OF FINANCIAL RESPONSIBILITY COVERING THE
10 OPERATION OF THE VEHICLE AT THE TIME OF THE OFFENSE. IF THE
11 DEFENDANT FAILS TO SHOW PROOF OF FINANCIAL RESPONSIBILITY, THE
12 COURT SHALL NOTIFY THE DEPARTMENT OF THAT FACT. UPON RECEIPT OF
13 THE NOTICE, THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE <--
14 OF THE DEFENDANT. THE NOTICE, THE DEPARTMENT SHALL REVOKE THE <--
15 REGISTRATION OF THE VEHICLE. IF THE DEFENDANT IS THE OWNER OF
16 THE VEHICLE, THE DEPARTMENT SHALL ALSO REVOKE THE OPERATING
17 PRIVILEGE OF THE DEFENDANT.
18 § 1785. PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT.
19 IF THE DEPARTMENT DETERMINES THAT THE PERSON OWNER OF A MOTOR <--
20 VEHICLE INVOLVED IN AN ACCIDENT REQUIRED TO FILE AN ACCIDENT
21 REPORT DID NOT MAINTAIN FINANCIAL RESPONSIBILITY ON THE MOTOR <--
22 VEHICLE AT THE TIME OF THE ACCIDENT, THE DEPARTMENT SHALL
23 SUSPEND THE OPERATING PRIVILEGE OF THE PERSON REQUIRED TO FILE
24 THE REPORT.
25 § 1786. SELF-CERTIFICATION OF FINANCIAL RESPONSIBILITY.
26 THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE THAT EACH
27 MOTOR VEHICLE REGISTRANT CERTIFY THAT THE REGISTRANT IS
28 FINANCIALLY RESPONSIBLE AT THE TIME OF REGISTRATION OR RENEWAL
29 THEREOF. THE DEPARTMENT SHALL REFUSE TO REGISTER OR RENEW THE
30 REGISTRATION OF A VEHICLE FOR FAILURE TO COMPLY WITH THIS
19830S0942B1646 - 39 -
1 REQUIREMENT OR FALSIFICATION OF SELF-CERTIFICATION.
2 SUBCHAPTER I
3 MISCELLANEOUS PROVISIONS
4 SEC.
5 1791. NOTICE OF AVAILABLE BENEFITS AND LIMITS.
6 1792. AVAILABILITY OF UNINSURED, UNDERINSURED, BODILY INJURY
7 LIABILITY AND PROPERTY DAMAGE COVERAGES.
8 1793. SPECIAL PROVISIONS RELATING TO PREMIUMS.
9 1794. COMPULSORY JUDICIAL ARBITRATION JURISDICTION.
10 1795. INSURANCE FRAUD REPORTING IMMUNITY.
11 § 1791. NOTICE OF AVAILABLE BENEFITS AND LIMITS.
12 IT SHALL BE PRESUMED THAT THE INSURED HAS BEEN ADVISED OF THE
13 BENEFITS AND LIMITS AVAILABLE UNDER THIS CHAPTER PROVIDED THE
14 FOLLOWING NOTICE IN BOLD PRINT OF AT LEAST TEN-POINT TYPE IS
15 GIVEN TO THE APPLICANT AT THE TIME OF APPLICATION FOR ORIGINAL
16 COVERAGE OR AT THE TIME OF THE FIRST RENEWAL AFTER JULY 1, 1984
17 AND NO OTHER NOTICE OR REJECTION SHALL BE REQUIRED:
18 IMPORTANT NOTICE
19 INSURANCE COMPANIES OPERATING IN THE COMMONWEALTH OF
20 PENNSYLVANIA ARE REQUIRED BY LAW TO MAKE AVAILABLE FOR
21 PURCHASE THE FOLLOWING BENEFITS FOR YOU, YOUR SPOUSE OR
22 OTHER RELATIVES OR MINORS IN YOUR CUSTODY OR IN THE
23 CUSTODY OF YOUR RELATIVES, RESIDING IN YOUR HOUSEHOLD,
24 OCCUPANTS OF YOUR MOTOR VEHICLE OR PERSONS STRUCK BY YOUR
25 MOTOR VEHICLE:
26 (1) MEDICAL BENEFITS, UP TO AT LEAST $100,000.
27 (2) INCOME LOSS BENEFITS, UP TO AT LEAST $2,500 PER
28 MONTH UP TO A MAXIMUM BENEFIT OF AT LEAST $50,000.
29 (3) ACCIDENTAL DEATH BENEFITS, UP TO AT LEAST
30 $25,000.
19830S0942B1646 - 40 -
1 (4) FUNERAL BENEFITS, $2,500.
2 (5) AS AN ALTERNATIVE TO PARAGRAPHS (1) THROUGH (4),
3 A COMBINATION BENEFIT, UP TO AT LEAST $277,500 OF
4 BENEFITS IN THE AGGREGATE OR BENEFITS PAYABLE UP TO THREE
5 YEARS FROM THE DATE OF THE ACCIDENT, WHICHEVER OCCURS
6 FIRST, SUBJECT TO A LIMIT ON ACCIDENTAL DEATH BENEFIT OF
7 UP TO $25,000 AND A LIMIT ON FUNERAL BENEFIT OF $2,500.
8 (6) UNINSURED, UNDERINSURED AND BODILY INJURY
9 LIABILITY COVERAGE UP TO AT LEAST $100,000 BECAUSE OF
10 INJURY TO ONE PERSON IN ANY ONE ACCIDENT AND UP TO AT
11 LEAST $300,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS
12 IN ANY ONE ACCIDENT OR, AT THE OPTION OF THE INSURER, UP
13 TO AT LEAST $300,000 IN A SINGLE LIMIT FOR THESE
14 COVERAGES, EXCEPT FOR POLICIES ISSUED UNDER THE ASSIGNED
15 RISK PLAN. ALSO, AT LEAST $7,500 PRIOR TO JULY 1, 1986
16 AND AT LEAST $10,000 ON OR AFTER THAT DATE FOR DAMAGE TO
17 PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
18 ADDITIONALLY, INSURERS MAY OFFER HIGHER BENEFIT LEVELS
19 THAN THOSE ENUMERATED ABOVE AS WELL AS ADDITIONAL
20 BENEFITS. HOWEVER, AN INSURED MAY ELECT TO PURCHASE LOWER
21 BENEFIT LEVELS THAN THOSE ENUMERATED ABOVE.
22 YOUR SIGNATURE ON THIS NOTICE OR YOUR PAYMENT OF ANY
23 RENEWAL PREMIUM EVIDENCES YOUR ACTUAL KNOWLEDGE AND
24 UNDERSTANDING OF THE AVAILABILITY OF THESE BENEFITS AND
25 LIMITS AS WELL AS THE BENEFITS AND LIMITS YOU HAVE
26 SELECTED.
27 § 1792. AVAILABILITY OF UNINSURED, UNDERINSURED, BODILY INJURY
28 LIABILITY AND PROPERTY DAMAGE COVERAGES.
29 EXCEPT FOR POLICIES ISSUED UNDER SUBCHAPTER D (RELATING TO
30 ASSIGNED RISK PLAN), AN INSURER ISSUING A POLICY OF BODILY
19830S0942B1646 - 41 -
1 INJURY LIABILITY COVERAGE PURSUANT TO THIS CHAPTER SHALL MAKE
2 AVAILABLE FOR PURCHASE HIGHER LIMITS OF UNINSURED, UNDERINSURED
3 AND BODILY INJURY LIABILITY COVERAGES UP TO AT LEAST $100,000
4 BECAUSE OF INJURY TO ONE PERSON IN ANY ONE ACCIDENT AND UP TO AT
5 LEAST $300,000 BECAUSE OF INJURY TO TWO OR MORE PERSONS IN ANY
6 ONE ACCIDENT OR, AT THE OPTION OF THE INSURER, UP TO AT LEAST
7 $300,000 IN A SINGLE LIMIT FOR THESE COVERAGES. ADDITIONALLY, AN
8 INSURER SHALL MAKE AVAILABLE FOR PURCHASE AT LEAST $7,500 PRIOR
9 TO JULY 1, 1986 AND AT LEAST $10,000 ON OR AFTER THAT DATE
10 BECAUSE OF DAMAGE TO PROPERTY OF OTHERS IN ANY ONE ACCIDENT.
11 HOWEVER, THE EXCLUSION OF AVAILABILITY RELATING TO THE ASSIGNED
12 RISK PLAN SHALL NOT APPLY TO DAMAGE TO PROPERTY OF OTHERS IN ANY
13 ONE ACCIDENT.
14 § 1793. SPECIAL PROVISIONS RELATING TO PREMIUMS.
15 (A) LIMITATION ON PREMIUM INCREASES.--AN INSURER SHALL NOT <--
16 (1) AN INSURER SHALL NOT INCREASE THE PREMIUM RATE OF AN <--
17 OWNER OF A POLICY OF INSURANCE SUBJECT TO THIS CHAPTER SOLELY
18 BECAUSE ONE OR MORE OF THE INSUREDS UNDER THE POLICY MADE A
19 CLAIM UNDER THE POLICY AND WAS PAID THEREON UNLESS IT IS
20 DETERMINED THAT THE INSURED WAS AT FAULT IN CONTRIBUTING TO
21 THE ACCIDENT GIVING RISE TO THE CLAIM.
22 (2) NO INSURER SHALL CHARGE AN INSURED WHO HAS BEEN <--
23 CONVICTED OF A VIOLATION OF AN OFFENSE ENUMERATED IN SECTION
24 1535 (RELATING TO SCHEDULE OF CONVICTIONS AND POINTS) A
25 HIGHER RATE FOR A POLICY OF INSURANCE SOLELY ON ACCOUNT OF
26 THE CONVICTION. AN INSURER MAY CHARGE AN INSURED A HIGHER
27 RATE FOR A POLICY OF INSURANCE IF A CLAIM IS MADE UNDER
28 PARAGRAPH (1).
29 (B) SURCHARGE DISCLOSURE PLAN.--ALL INSURERS SHALL PROVIDE
30 TO THE INSURED A SURCHARGE DISCLOSURE PLAN. THE INSURER
19830S0942B1646 - 42 -
1 PROVIDING THE SURCHARGE DISCLOSURE PLAN SHALL DETAIL THE
2 PROVISIONS OF THE PLAN INCLUDING, BUT NOT LIMITED TO:
3 (1) A DESCRIPTION OF CONDITIONS THAT WOULD ASSESS A
4 PREMIUM SURCHARGE TO AN INSURED ALONG WITH THE ESTIMATED
5 INCREASE OF THE SURCHARGE PER POLICY PERIOD PER POLICYHOLDER.
6 (2) THE NUMBER OF YEARS ANY SURCHARGE WILL BE IN EFFECT.
7 THE SURCHARGE DISCLOSURE PLAN SHALL BE DELIVERED TO EACH INSURED
8 BY THE INSURER AT LEAST ONCE ANNUALLY. ADDITIONALLY, THE
9 SURCHARGE INFORMATION PLAN SHALL BE GIVEN TO EACH PROSPECTIVE
10 INSURED AT THE TIME APPLICATION IS MADE FOR MOTOR VEHICLE
11 INSURANCE COVERAGE.
12 (C) RETURN OF PREMIUMS OF CANCELED POLICIES.--WHEN AN
13 INSURER CANCELS A MOTOR VEHICLE INSURANCE POLICY WHICH IS
14 SUBJECT TO SECTION 6(3) OF THE ACT OF JUNE 5, 1968 (P.L.140,
15 NO.78), RELATING TO WRITING, CANCELLATION OF OR REFUSAL TO RENEW
16 POLICIES OF AUTOMOBILE INSURER, THE INSURER SHALL WITHIN 30 DAYS
17 OF CANCELING THE POLICY RETURN TO THE INSURED ALL PREMIUMS PAID
18 UNDER THE POLICY LESS ANY PRORATION FOR THE PERIOD THE POLICY
19 WAS IN EFFECT. PREMIUMS ARE OVERDUE IF NOT PAID TO THE INSURED
20 WITHIN 30 DAYS AFTER CANCELING THE POLICY. OVERDUE RETURN
21 PREMIUMS SHALL BEAR INTEREST AT THE RATE OF 12% PER ANNUM FROM
22 THE DATE THE RETURN PREMIUM BECAME DUE.
23 (D) RULES AND REGULATIONS.--THE INSURANCE DEPARTMENT SHALL
24 PROMULGATE RULES AND REGULATIONS ESTABLISHING GUIDELINES AND
25 PROCEDURES FOR DETERMINING FAULT OF AN INSURED FOR THE PURPOSE
26 OF SUBSECTION (A) AND GUIDELINES FOR THE CONTENT AND FORMAT OF
27 THE SURCHARGE DISCLOSURE PLAN.
28 § 1794. COMPULSORY JUDICIAL ARBITRATION JURISDICTION.
29 BEGINNING JULY 1, 1986, THE MONETARY LIMIT IN 42 PA.C.S. §
30 7361(B)(2)(I) (RELATING TO COMPULSORY ARBITRATION) FOR THE
19830S0942B1646 - 43 -
1 SUBMISSION OF MATTERS TO JUDICIAL ARBITRATION IN JUDICIAL
2 DISTRICTS EMBRACING FIRST AND SECOND CLASS COUNTIES SHALL BE
3 $25,000 FOR ACTIONS ARISING FROM THE OWNERSHIP, MAINTENANCE OR
4 USE OF A MOTOR VEHICLE.
5 § 1795. INSURANCE FRAUD REPORTING IMMUNITY.
6 (A) GENERAL RULE.--AN INSURANCE COMPANY, AND ANY AGENT,
7 SERVANT OR EMPLOYEE ACTING IN THE COURSE AND SCOPE OF HIS
8 EMPLOYMENT, SHALL BE IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
9 ARISING FROM THE SUPPLY OR RELEASE OF WRITTEN OR ORAL
10 INFORMATION TO ANY DULY AUTHORIZED FEDERAL OR STATE LAW
11 ENFORCEMENT AGENCY UPON COMPLIANCE WITH THE FOLLOWING:
12 (1) THE INFORMATION IS SUPPLIED TO THE AGENCY IN
13 CONNECTION WITH AN ALLEGATION OF FRAUDULENT CONDUCT ON THE
14 PART OF ANY PERSON RELATING TO THE FILING OR MAINTENANCE OF A
15 MOTOR VEHICLE LIABILITY CLAIM FOR BODILY INJURY OR PROPERTY
16 DAMAGE.
17 (2) THE INSURANCE COMPANY, AGENT, SERVANT OR EMPLOYEE
18 HAS PROBABLE CAUSE TO BELIEVE THAT THE INFORMATION SUPPLIED
19 IS REASONABLY RELATED TO THE ALLEGATION OF FRAUD.
20 (B) NOTICE TO POLICYHOLDER.--THE INSURANCE COMPANY SHALL
21 SEND WRITTEN NOTICE TO THE POLICYHOLDER OR POLICYHOLDERS ABOUT
22 WHOM THE INFORMATION PERTAINS UNLESS THE INSURANCE COMPANY
23 RECEIVES NOTICE THAT THE AUTHORIZED AGENCY FINDS, BASED ON
24 SPECIFIC FACTS, THAT THERE IS REASON TO BELIEVE THAT THE
25 INFORMATION WILL RESULT IN ANY OF THE FOLLOWING:
26 (1) ENDANGERMENT TO THE LIFE OR PHYSICAL SAFETY OF ANY
27 PERSON.
28 (2) FLIGHT FROM PROSECUTION.
29 (3) DESTRUCTION OF OR TAMPERING WITH EVIDENCE.
30 (4) INTIMIDATION OF ANY POTENTIAL WITNESS OR WITNESSES.
19830S0942B1646 - 44 -
1 (5) OBSTRUCTION OF OR SERIOUS JEOPARDY TO AN
2 INVESTIGATION.
3 THE INSURANCE COMPANY SHALL SEND WRITTEN NOTICE NOT SOONER THAN
4 45 DAYS NOR MORE THAN 60 DAYS FROM THE TIME THE INFORMATION IS
5 FURNISHED TO AN AUTHORIZED AGENCY EXCEPT WHEN THE AUTHORIZED
6 AGENCY SPECIFIES THAT A NOTICE SHOULD NOT BE SENT IN ACCORDANCE
7 WITH THE EXCEPTIONS ENUMERATED IN THIS SUBSECTION IN WHICH EVENT
8 THE INSURANCE COMPANY SHALL SEND WRITTEN NOTICE TO THE
9 POLICYHOLDER NOT SOONER THAN 180 DAYS NOR MORE THAN 190 DAYS
10 FOLLOWING THE DATE THE INFORMATION IS FURNISHED.
11 (C) IMMUNITY FOR SENDING NOTICE.--AN INSURANCE COMPANY OR
12 AUTHORIZED AGENCY AND ANY PERSON ACTING ON BEHALF OF AN
13 INSURANCE COMPANY OR AUTHORIZED AGENCY COMPLYING WITH OR
14 ATTEMPTING IN GOOD FAITH TO COMPLY WITH SUBSECTION (B) SHALL BE
15 IMMUNE FROM CIVIL LIABILITY ARISING OUT OF ANY ACTS OR OMISSIONS
16 IN SO DOING.
17 (D) APPLICABILITY.--NOTHING IN THIS SECTION SHALL BE
18 CONSTRUED TO CREATE ANY RIGHTS TO PRIVACY OR CAUSES OF ACTION ON
19 BEHALF OF POLICYHOLDERS THAT ARE NOT IN EXISTENCE AS OF THE
20 EFFECTIVE DATE OF THIS SECTION.
21 SECTION 4. SECTIONS 3744(A), 3745 AND 6308(A) OF TITLE 75
22 ARE AMENDED TO READ:
23 § 3744. DUTY TO GIVE INFORMATION AND RENDER AID.
24 (A) GENERAL RULE.--THE DRIVER OF ANY VEHICLE INVOLVED IN AN
25 ACCIDENT RESULTING IN INJURY TO OR DEATH OF ANY PERSON OR DAMAGE
26 TO ANY VEHICLE OR OTHER PROPERTY WHICH IS DRIVEN OR ATTENDED BY
27 ANY PERSON SHALL GIVE HIS NAME, ADDRESS AND THE REGISTRATION
28 NUMBER OF THE VEHICLE HE IS DRIVING, AND SHALL UPON REQUEST
29 EXHIBIT HIS DRIVER'S LICENSE AND [PROOF OF INSURANCE]
30 INFORMATION RELATING TO FINANCIAL RESPONSIBILITY TO ANY PERSON
19830S0942B1646 - 45 -
1 INJURED IN THE ACCIDENT OR TO THE DRIVER OR OCCUPANT OF OR
2 PERSON ATTENDING ANY VEHICLE OR OTHER PROPERTY DAMAGED IN THE
3 ACCIDENT AND SHALL GIVE THE INFORMATION AND UPON REQUEST EXHIBIT
4 THE LICENSE AND [PROOF OF INSURANCE] INFORMATION RELATING TO
5 FINANCIAL RESPONSIBILITY TO ANY POLICE OFFICER AT THE SCENE OF
6 THE ACCIDENT OR WHO IS INVESTIGATING THE ACCIDENT AND SHALL
7 RENDER TO ANY PERSON INJURED IN THE ACCIDENT REASONABLE
8 ASSISTANCE, INCLUDING THE MAKING OF ARRANGEMENTS FOR THE
9 CARRYING OF THE INJURED PERSON TO A PHYSICIAN, SURGEON OR
10 HOSPITAL FOR MEDICAL OR SURGICAL TREATMENT IF IT IS APPARENT
11 THAT TREATMENT IS NECESSARY OR IF REQUESTED BY THE INJURED
12 PERSON.
13 * * *
14 § 3745. ACCIDENTS INVOLVING DAMAGE TO UNATTENDED VEHICLE OR
15 PROPERTY.
16 THE DRIVER OF ANY VEHICLE WHICH COLLIDES WITH OR IS INVOLVED
17 IN AN ACCIDENT WITH ANY VEHICLE OR OTHER PROPERTY WHICH IS
18 UNATTENDED RESULTING IN ANY DAMAGE TO THE OTHER VEHICLE OR
19 PROPERTY SHALL IMMEDIATELY STOP THE VEHICLE AT THE SCENE OF THE
20 ACCIDENT OR AS CLOSE THERETO AS POSSIBLE AND SHALL THEN AND
21 THERE EITHER LOCATE AND NOTIFY THE OPERATOR OR OWNER OF THE
22 DAMAGED VEHICLE OR OTHER PROPERTY OF HIS NAME, ADDRESS,
23 INFORMATION RELATING TO [THE CERTIFICATE OF INSURANCE] FINANCIAL
24 RESPONSIBILITY AND THE REGISTRATION NUMBER OF THE VEHICLE BEING
25 DRIVEN OR SHALL ATTACH SECURELY IN A CONSPICUOUS PLACE IN OR ON
26 THE DAMAGED VEHICLE OR OTHER PROPERTY A WRITTEN NOTICE GIVING
27 HIS NAME, ADDRESS, INFORMATION RELATING TO [THE CERTIFICATE OF
28 INSURANCE] FINANCIAL RESPONSIBILITY AND THE REGISTRATION NUMBER
29 OF THE VEHICLE BEING DRIVEN AND SHALL WITHOUT UNNECESSARY DELAY
30 NOTIFY THE NEAREST OFFICE OF A DULY AUTHORIZED POLICE
19830S0942B1646 - 46 -
1 DEPARTMENT. EVERY STOP SHALL BE MADE WITHOUT OBSTRUCTING TRAFFIC
2 MORE THAN IS NECESSARY.
3 § 6308. INVESTIGATION BY POLICE OFFICERS.
4 (A) DUTY OF OPERATOR OR PEDESTRIAN.--THE OPERATOR OF ANY
5 VEHICLE OR ANY PEDESTRIAN REASONABLY BELIEVED TO HAVE VIOLATED
6 ANY PROVISION OF THIS TITLE SHALL STOP UPON REQUEST OR SIGNAL OF
7 ANY POLICE OFFICER AND SHALL, UPON REQUEST, EXHIBIT A
8 REGISTRATION CARD, DRIVER'S LICENSE AND [PROOF OF INSURANCE]
9 INFORMATION RELATING TO FINANCIAL RESPONSIBILITY, OR OTHER MEANS
10 OF IDENTIFICATION IF A PEDESTRIAN OR DRIVER OF A PEDALCYCLE, AND
11 SHALL WRITE THEIR NAME IN THE PRESENCE OF THE POLICE OFFICER IF
12 SO REQUIRED FOR THE PURPOSE OF ESTABLISHING IDENTITY.
13 * * *
14 SECTION 5. (A) ANY INSURER SUBJECT TO 75 PA.C.S. CH. 17
15 (RELATING TO FINANCIAL RESPONSIBILITY) MAKING A FILING, WITH AN
16 EFFECTIVE DATE ON OR AFTER JULY 1, 1984, UNDER SECTION 4 OF THE
17 ACT OF JUNE 11, 1947 (P.L.538, NO.246), KNOWN AS THE CASUALTY
18 AND SURETY RATE REGULATORY ACT, SHALL BECOME EFFECTIVE
19 IMMEDIATELY UPON ITS FILING AND IS DEEMED TO COMPLY WITH THAT
20 ACT UNLESS DISAPPROVED BY THE INSURANCE COMMISSIONER UNDER THE
21 PROCEDURES PRESCRIBED IN SECTION 5 OF THAT ACT. THIS FILE AND
22 USE SECTION IS LIMITED TO TWO FILINGS PER COVERAGE.
23 (B) THIS SECTION SUPERSEDES THE PRIOR APPROVAL REQUIREMENTS
24 OF THE CASUALTY AND SURETY RATE REGULATORY ACT AND RULES AND
25 REGULATIONS PROMULGATED THEREUNDER INSOFAR AS THEY ARE
26 INCONSISTENT WITH THIS ACT.
27 (C) THIS SECTION EXPIRES JULY 1, 1985.
28 SECTION 6. A REFERENCE IN A STATUTE TO THE ACT OF JULY 19,
29 1974 (P.L.489, NO.176), KNOWN AS THE PENNSYLVANIA NO-FAULT MOTOR
30 VEHICLE INSURANCE ACT, SHALL BE DEEMED A REFERENCE TO 75 PA.C.S.
19830S0942B1646 - 47 -
1 CH. 17 (RELATING TO FINANCIAL RESPONSIBILITY).
2 SECTION 7. (A) EXCEPT AS PROVIDED IN SUBSECTION (B), THE
3 PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF THIS
4 ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
5 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
6 APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE
7 INVALID PROVISION OR APPLICATION.
8 (B) THE PROVISIONS OF 75 PA.C.S. CH. 17 SUBCH. F (RELATING
9 TO CATASTROPHIC LOSS TRUST FUND) ARE NONSEVERABLE. IF ANY
10 PROVISION OF THAT SUBCHAPTER OR ITS APPLICATION TO ANY PERSON OR
11 CIRCUMSTANCES IS HELD INVALID, THE REMAINING PROVISIONS OR
12 APPLICATIONS OF THAT SUBCHAPTER ARE VOID.
13 SECTION 8. (A) THE ACT OF JULY 19, 1974 (P.L.489, NO.176),
14 KNOWN AS THE PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT,
15 IS REPEALED.
16 (B) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED
17 INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT:
18 42 PA.C.S. § 7361(B)(2)(I) (RELATING TO COMPULSORY
19 ARBITRATION).
20 42 PA.C.S. § 8124(C)(9) (RELATING TO EXEMPTION OF PARTICULAR
21 PROPERTY).
22 (C) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
23 THEY ARE INCONSISTENT WITH THIS ACT.
24 SECTION 9. THIS ACT APPLIES TO INSURANCE POLICIES ISSUED OR
25 RENEWED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
26 SECTION 10. THIS ACT SHALL TAKE EFFECT JULY 1, 1984, OR
27 IMMEDIATELY, WHICHEVER IS LATER.
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