In an attempt to reconcile two seemingly conflicting sections of the Pennsylvania Motor Vehicle Financial Responsibility Law, the state Supreme Court has ruled that an uninsured driver who is injured in an accident with an insured driver can sue the insured driver for economic damages.
On petition for certification from the 3rd U.S. Circuit Court of Appeals, the court ruled unanimously in favor of plaintiff Mary Corbin, an uninsured motorist who was injured in an accident and had sought to sue the other driver, who was insured, for economic damages.According to Justice Seamus P. McCaffery, who wrote for the majority, Section 1714 of the MVFRL precludes uninsured drivers from receiving first-party medical and income loss benefits, while Section 1705 states that uninsured drivers have, by default, chosen limited tort coverage, under which they can recover damages for economic loss in accidents where their injuries are an insured driver’s fault.
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