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Common Questions - Insurance Coverage

Underinsured, Uninsured Coverage, Limited Tort Information

What is section 1731? What are the consequences of rejecting under and uninsured coverage?

All automobile insurance policies issued in Pennsylvania must offer "uninsured" and "underinsured" motorist coverages to policyholders. In general, "uninsured" coverage protects you if you are injured in an automobile accident with an uninsured driver or a "hit and run" driver. "Underinsured" coverage protects you if you are injured by a driver without sufficient insurance coverage. While both types of coverage must be offered, you are free to reject this additional protection when purchasing your automobile insurance policy. We never recommend rejecting this important protection but you are free to make this choice. If you choose to reject "uninsured" or "underinsured" coverage, your insurance company must strictly comply with the requirements of Section 1731 of the Motor Vehicle Financial Responsibility Law. Section 1731 requires insurance companies to provide you with a very specific notice regarding your right to coverage. The law also requires the insurance company to obtain your signature on the notice to evidence a knowing and voluntary rejection of the coverage. If you have been injured in a accident but had rejected uninsured or underinsured motorist coverage, you should have a skilled attorney review the paperwork associated with your policy. Even minor deviations from the strict requirements of Section 1731 can invalidate your rejection of coverage forcing your insurance company to provide this important protection. Return to Top

"Uninsured Motorist" Coverage

75 Pa.C.S.A section 1731 requires auotomobile insurers to offer "uninsured motorist" coverage. This coverage provides protection for persons who suffer injuries in automobile accidents caused by operators of uninsured motor vehicles. 75 Pa. C.S.A. section 1702 defines an "uninsured moter vehicle" as a vehicle with no liability insurance or an unidentified motor vehicle, provided the accident is reported to the police and the claimants insurer in a timely fashion. If you or a loved one have been injured by an uninsured or unidentified driver, call us to discuss how this coverage might apply to you. 570-718-4900. Return to Top

"Limited Tort" selection on your Auto Insurance

If you select "limited tort" on your automobile insurance policy, you might pay a slightly lower premium. The savings, however, comes at a price. Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) precludes individuals who have selected "limited tort" from recovering non-economic damages, including pain and suffering, unless they have sustained a "serious injury". The  MVFRL defines "serious injury" as "death, serious impairment of body function or permanent, serious disfigurement". If you selected "limited tort" on your auto insurance, you must meet this definition of "serious injury" or you will be precluded from recovering non-economic damages such as pain and suffering. The economic damages you remain eligible for generally include medical expenses and wage loss. Review your auto insurance policy and consult with a lawyer or insurance professional to make sure you and your family are fully protected. Return to Top