Statutory Text
§ 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 income loss benefit or accidental death benefit shall be payable under this subchapter.
Definition of Key Terms
'Eligible claimant'
Refers to a person who is qualified under the specified guidelines of MVFRL to receive the benefits outlined in this section.
'Medical benefits'
Pertains to expenses related to medical care or assistance needed due to a motor vehicle accident, up to the defined limit of $5,000.
Importance for Pennsylvania Drivers
Section 1753 is vital to Pennsylvanian drivers for it outlines the fundamental entitlement they have under MVFRL, which is to obtain medical benefits following an eligible accident.
However, it also clarifies the limitations of the law, stating that losses due to income disruption or accidental death are not covered under this provision. It is essentially a road map to what financial protections are accessible to them in the event of an accident.
Implications for Pennsylvania Attorneys
For attorneys, understanding this section is critical in advising clients on claims related to motor vehicle accidents, helping them to manage expectations and strategize claims appropriately. It provides clarity on what kinds of losses can be recovered under MVFRL, and conversely, what cannot be pursued, which can guide case strategies.
Advanced Language Analysis
In section 1753, the phrase "benefits available" followed by a list of specific benefits, underscores the intent of the legislature to limit entitlements strictly to those stipulated, essentially creating an exhaustive list. The explicit exclusion of income loss and accidental death benefits further demonstrates an intent to narrowly define the scope of recoverable benefits, which can impact the interpretation and arguing of cases.
The effective dates added at the end of the section may be relevant in determining its applicability to specific cases depending on the date the claim arose, which can affect the determination of compensable damages. Cross references to other sections of the law, specifically sections 1754, 1755, and 1757, hint that these provisions may provide additional context or requirements relating to the benefits described, indicating the need to read and interpret this section in conjunction with the referenced provisions.
Finally, the use of the terms "eligible claimant" and "may recover" suggests some discretion as to the award of benefits. Understanding the factors that make a claimant eligible and the circumstances under which recovery may be allowed is critical in executing any claim or defense strategy.
A careful reading and understanding of this section is paramount to any party navigating a motor vehicle accident claim in the state of Pennsylvania. Its importance lies not only in its clear depiction of benefits, but also in the limitations and eligible claimants it stipulates. Attorneys, in particular, should pay attention to the specific language employed to ensure they provide accurate advice to clients and develop successful case strategies.
