Statutory Text
§ 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 from the date of the accident.
(b) Minors.--For minors entitled to benefits described in section 1753 (relating to benefits available) or 1754 (relating to additional coverage), an action to recover these benefits or coverages shall be commenced within four years from the date on which the injured minor attains 18 years of age.
Key Terms Definitions:
Statute of Limitations:
Refers to the time limit within which a legal action must be commenced. In general, the section establishes a four-year limitation period from the date of the accident, with exceptions made for minors, extending the timeframe until four years after the minor attains 18 years of age.
Eligible Claimant:
An individual who qualifies to make a claim under the Assigned Claims Plan.
Assigned Claims Plan:
A state-managed plan which provides compensation for eligible car accident victims who are unable to recover from other sources.
Why Section 1757 Matters for Pennsylvanian Drivers:
Knowing the existence of a limitation period to recover benefits is crucial for Pennsylvanian drivers. If involved in an accident, drivers should be aware that they have a timeframe of four years to start the claims process, thus ensuring they do not forfeit their entitlement to benefits and coverages.
Moreover, for minors involved in accidents, understanding that the limitation period commences when they attain legal adulthood is important for securing their rights to claims.
Why Section 1757 Matters for Pennsylvania Attorneys:
Attorneys, especially those specializing in personal injury and automobile law, need to understand these statutes clearly. Misunderstandings or misinterpretations could lead to missed deadlines for filing a claim, resulting in an inability to recover compensation for their clients. A correct interpretation also enables attorneys to advise their minor clients accurately.
Analysis of the Specific Language Used:
In terms of language, the phrase "an action to recover benefits" implies initiating a lawsuit or opening a claims process to seek compensation under the Assigned Claims Plan. The MVFRL prescribes "four years from the date of the accident" as the time limit, clearly defining the window for this action.
The clause designating exceptions for minors, "four years from the date on which the injured minor attains 18 years of age," uses precise language to indicate the extension only applies to minors and commences after they turn 18. Such precise language reduces ambiguity, ensuring clear interpretation and application of the law.
The mentioned section also encompasses a repealed subchapter on Catastrophic Loss Trust Fund, illustrating the evolution of Pennsylvania's MVFRL and the legislative changes therein. Such historical context can offer insights for legal professionals in anticipating future amendments.
In conclusion, §1757 exhibits legislative precision, leaving little room for ambiguity in the statute of limitations library for Pennsylvania’s MVFRL, a significant element in ensuring both attorneys and the public at large understand and can act upon their rights under this facet of automobile law.
