(a) General rule.--Except as provided in section 1714 (relating to ineligible claimants), a person who suffers injury arising out of the maintenance or use of a motor vehicle shall recover first party benefits against applicable insurance coverage in the following order of priority:
(1) For a named insured, the policy on which he is the named insured.
(2) For an insured, the policy covering the insured.
(3) For the occupants of an insured motor vehicle, the policy on that motor vehicle.
(4) For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident. For the purpose of this paragraph, a parked and unoccupied motor vehicle is not a motor vehicle involved in an accident unless it was parked so as to cause unreasonable risk of injury.
(b) Multiple sources of equal priority.--The insurer against whom a claim is asserted first under the priorities set forth in subsection (a) shall process and pay the claim as if wholly responsible. The insurer is thereafter entitled to recover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim. If contribution is sought among insurers responsible under subsection (a)(4), proration shall be based on the number of involved motor vehicles.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - Financial Responsibility
Section 1701 - Short title of chapter
Section 1703 - Application of chapter
Section 1704 - Administration of chapter
Section 1705 - Election of tort options
Section 1711 - Required benefits
Section 1712 - Availability of benefits
Section 1713 - Source of benefits
Section 1714 - Ineligible claimants
Section 1715 - Availability of adequate limits
Section 1716 - Payment of benefits
Section 1717 - Stacking of benefits
Section 1718 - Exclusion from benefits
Section 1719 - Coordination of benefits
Section 1721 - Statute of limitations
Section 1722 - Preclusion of recovering required benefits
Section 1723 - Reporting requirements
Section 1724 - Certain nonexcludable conditions
Section 1725 - Rental vehicles
Section 1731 - Availability, scope and amount of coverage
Section 1732 - Limits of coverage (Repealed)
Section 1733 - Priority of recovery
Section 1734 - Request for lower limits of coverage
Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)
Section 1736 - Coverages in excess of required amounts
Section 1738 - Stacking of uninsured and underinsured benefits and option to waive
Section 1744 - Termination of policies
Section 1752 - Eligible claimants
Section 1753 - Benefits available
Section 1754 - Additional coverage
Section 1755 - Coordination of benefits
Section 1757 - Statute of limitations
Section 1771 - Court reports on nonpayment of judgments
Section 1772 - Suspension for nonpayment of judgments
Section 1773 - Continuation of suspension until judgments paid and proof given
Section 1774 - Payments sufficient to satisfy judgments
Section 1775 - Installment payment of judgments
Section 1781 - Notice of sanction for not evidencing financial responsibility
Section 1782 - Manner of providing proof of financial responsibility
Section 1784 - Proof of financial responsibility following violation
Section 1785 - Proof of financial responsibility following accident
Section 1786 - Required financial responsibility
Section 1788 - Neighborhood electric vehicles
Section 1791 - Notice of available benefits and limits
Section 1791.1 - Disclosure of premium charges and tort options
Section 1791.2 - Motorcycle marshals
Section 1793 - Special provisions relating to premiums
Section 1794 - Compulsory judicial arbitration jurisdiction
Section 1795 - Insurance fraud reporting immunity
Section 1796 - Mental or physical examination of person
Section 1797 - Customary charges for treatment
Section 1798 - Attorney fees and costs
Section 1798.1 - Extraordinary medical benefit rate
Section 1798.3 - Unfunded liability report
Section 1798.4 - Catastrophic Loss Benefits Continuation Fund
Section 1799 - Restraint system
Section 1799.1 - Antitheft devices
Section 1799.2 - Driver improvement course discounts
Section 1799.4 - Examination of vehicle repairs
Section 1799.5 - Conduct of market study