An Overview of § 1751 under the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL)

Section 1751 of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) necessitates that insurers offering financial coverage, as required by law, set up and maintain an Assigned Claims Plan.

Definition of Key Terms:

Financial Responsibility:

Under automobile law, 'financial responsibility' refers to the requirement that all drivers must carry some form of proof demonstrating their ability to pay for potential accidents. This usually means having a minimum amount of auto insurance coverage.

Assigned Claims Plan:

An 'Assigned Claims Plan' is a program ensuring that victims of automobile accidents can receive financial compensation for damages, even if the at-fault driver is uninsured or unidentified. Insurers providing financial responsibility must develop and execute such a plan.

Assessment of Costs:

'Assessment of costs' in this context pertains to how the expenses associated with the claims processed under the Assigned Claims Plan are distributed among insurers in a 'fair and equitable' manner. Determinants could include each company's market share, claims record, or other relevant factors.

Importance for Pennsylvania Drivers:

This section of the MVFRL ensures that Pennsylvania drivers have access to financial compensation in the event of an accident, irrespective of the other party's insurance status. It emphasizes accountability among insurers to formulate fair, transparent systems for processing and dividing associated costs—ultimately serving the aim of protecting the policy-owner's rights and interests.

Importance for Pennsylvania Attorneys:

From the legal perspective, understanding this legislation is essential for attorneys when advising or representing clients in personal injury or insurance dispute cases. It can impact the strategy employed and the potential remedies sought.

It informs how attorneys could present the client's case to ensure they receive coverage under the Assigned Claims Plan when necessary, which is subject to approval and regulation by the Insurance Department, and devise rules for operating and assessing costs on a fair and equitable basis.

Advanced Analysis of the Specific Language:

The use of the term 'shall' in this section signifies that the organization and maintenance of an Assigned Claims Plan by insurers are not optional but mandatory. It leaves no room for discretion among insurers and exhibits the mandatory factor of this requirement.

The phrase 'fair and equitable basis' underscores the law's intent to prevent discriminatory practices among insurers when assessing costs. This term, however, is subjective and could potentially lead to legal disputes regarding what constitutes a 'fair and equitable' distribution of costs.

Finally, the inclusion of 'the approval and regulation of the Insurance Department' strengthens the state's oversight role and emphasizes its authority in ensuring the implementation and regulation of the Assigned Claims Plan, enhancing the protection provided to drivers.

Overall, section 1751 outlines a crucial responsibility for insurers, enhancing the assurance that Pennsylvania motorists can obtain compensation if involved in an accident with an uninsured or unknown driver. In its terms, it both reflects consumer protection goals and stipulates mandatory insurer obligations—elements that make it a significant feature of Pennsylvania's auto insurance law and practice.

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Von Wooding

Von Wooding

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