The Pennsylvania Assigned Claims Plan is a statutorily created fund designed as a safeguard for unforeseen situations in which no insurance carrier is available to provide benefits. The Assigned Claims Plan is not an insurer under the law, but rather, it is an administrative organization maintained by all insurers that provide financial responsibility, as required by Pennsylvania law.
Under the Plan, an eligible claimant may recover medical benefits up to a maximum of $5,000. Eligible claimants may also recover for losses or damages suffered as a result of the injury up to $ 15,000 per person and $ 30,000 in the aggregate. However, the amount of medical benefits recovered or recoverable up to $ 5,000 are set off against that amount.
Only certain automobile accident victims are eligible to receive benefits under the Plan’s requirements. To speak with a Pennsylvania car accident injury attorney concerning whether you are an eligible claimant, call the Wieand Law Firm today at 1 (215) 666-7777. We can assist you with determining eligibility, and if you meet the requirements, file a claim on your behalf.
There are specific requirements that an claimant must meet to recover from the Assigned Claims Plan which are set forth in 75 Pa.C.S. § 1752. As a general rule, a person is eligible to recover benefits from the Assigned Claims Plan if the person meets the following requirements:
(1) Is a resident of this Commonwealth.
(2) Is injured as the result of a motor vehicle accident occurring in this Commonwealth.
(3) Is not an owner of a motor vehicle required to be registered under Chapter 13 (relating to registration of vehicles).
(4) Is not the operator or occupant of a motor vehicle owned by the Federal Government or any of its agencies, departments or authorities.
(5) Is not the operator or occupant of a motor vehicle owned by a self-insurer or by an individual or entity who or which is immune from liability for, or is not required to provide, benefits or uninsured and underinsured motorist coverage.
(6) Is otherwise not entitled to receive any first party benefits under section 1711 (relating to required benefits) or 1712 (relating to availability of benefits) applicable to the injury arising from the accident.
(7) Is not the operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle or motorized pedalcycle or other like type vehicle required to be registered under this title and involved in the accident.
(b) Grounds for ineligibility. — A person otherwise qualifying as an eligible claimant under subsection (a) shall nevertheless be ineligible to recover benefits from the Assigned Claims Plan if that person contributed to his own injury in any of the following ways:
(1) While intentionally injuring himself or another or attempting to intentionally injure himself or another.
(2) While committing a felony.
(3) While seeking to elude lawful apprehension or arrest by a law enforcement official.
(4) While knowingly converting a motor vehicle.
As with all personal injury claims, there is a specified amount of time in which a claimant must bring a claim, known as a statute of limitations. The statute of limitations for eligible claimants to recover benefits or coverages from the Assigned Claims Plan must be commenced within four years from the date of the accident. See 75 Pa.C.S. § 1757(a). However, if the claimant is a minor, an action must be commenced within four years of turning 18 years of age. See 75 Pa.C.S. § 1757(b)
Disclaimer: This website is provided for informational purposes only. It is not legal advice and may contain errors or not be current. The Wieand Law Firm is based in Philadelphia, PA and serves clients who were injured in automobile accidents throughout Pennsylvania and New Jersey.
