Uninsured Motorist Claim of PA Bicycle Accident Victim Denied

Posted on: July 10th, 2012       Attorney Thomas Newell

A Pennsylvania bicycle accident victim was denied the ability to make an uninsured motorist claim under the Assigned Claims Plan provision of the Pennsylvania Motor Vehicle Responsibility Law. A young boy was riding his bicycle in Erie PA when he was hit by a car that was leased to the driver’s wife by Avis Rent-A-Car. The driver was not permitted to drive the car pursuant to the lease language.

When the PA bicycle accident attorney made a personal injury claim against the driver, the insurance company covering the car denied the insurance coverage because he was not a permitted driver. The bicyclist’s uninsured motorist claim against the Assigned Claims Plan was denied because the driver was not required to have his own car insurance under PA law due to the fact he didn’t own a motor vehicle. The Erie County Court of Common Please sustained the defendant’s preliminary objections and dismissed the plaintiff’s complaint with prejudice. 92 Erie Co. L. J. 149 (2009)

For more information call 800-980-4842