§ 1712. Availability of benefits.
An insurer issuing or delivering liability insurance policies covering any motor vehicle
of the type required to be registered under this title, except recreational vehicles
not intended for highway use, motorcycles, motor-driven cycles or motorized pedalcycles
or like type vehicles, registered and operated in this Commonwealth, shall make available
for purchase first party benefits with respect to injury arising out of the maintenance
or use of a motor vehicle as follows:
(1) Medical benefit.--Subject to the limitations of section 1797 (relating to customary charges for treatment),
coverage to provide for reasonable and necessary medical treatment and rehabilitative
services, including, but not limited to, hospital, dental, surgical, psychiatric,
psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing
services, vocational rehabilitation and occupational therapy, speech pathology and
audiology, optometric services, medications, medical supplies and prosthetic devices,
all without limitation as to time, provided that, within 18 months from the date of
the accident causing injury, it is ascertainable with reasonable medical probability
that further expenses may be incurred as a result of the injury. Benefits under this
paragraph may include any nonmedical remedial care and treatment rendered in accordance
with a recognized religious method of healing.
(2) Income loss benefit.--Includes the following:
(i) Eighty percent of actual loss of gross income.
(ii) Reasonable expenses actually incurred for hiring a substitute to perform self-employment
services thereby mitigating loss of gross income or for hiring special help thereby
enabling a person to work and mitigate loss of gross income.
Income loss does not include loss of expected income for any period following the
death of an individual or expenses incurred for services performed following the death
of an individual. Income loss shall not commence until five working days have been
lost after the date of the accident.
(3) Accidental death benefit.--A death benefit paid to the personal representative of the insured, should injury
resulting from a motor vehicle accident cause death within 24 months from the date
of the accident.
(4) Funeral benefit.--Expenses directly related to the funeral, burial, cremation or other form of disposition
of the remains of a deceased individual, incurred as a result of the death of the
individual as a result of the accident and within 24 months from the date of the accident.
(5) Combination benefit.--A combination of benefits described in paragraphs (1) through (4) as an alternative
to the separate purchase of those benefits.
(6) Extraordinary medical benefits.--Medical benefits, as defined in paragraph (1), which exceed $100,000.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, eff.
July 1, 1990; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 23, 2002, P.L.1982,
No.229, eff. Dec. 3, 2002)
2002 Amendments. Act 123 amended par. (1) and Act 229 amended par. (1).
Cross References. Section 1712 is referred to in sections 1715, 1718, 1719, 1720, 1721, 1752, 1753,
1787 of this title.
Notes of Decisions
Persik v. Nationwide Mut. Ins., 554 A.2d 930 (Pa. 1989).
· cites it 10× “75 Pa.C.S. § 1712. By this enactment the legislature made several obvious changes.”
Panichelli v. Liberty Mut. Ins. Grp., 669 A.2d 930 (Pa. 1996).
· cites it 8× “Section 1712(2) provides that an insurer issuing motor vehicle liability policies shall make available for purchase first party benefits with respect to injury arising out of the maintenance or use of a motor vehicle, which benefits are to include: (2) Income loss benefit.”
Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 788 A.2d 955 (Pa. 2001).
· cites it 2× “The Superior Court correctly observed that "the legislature expressly made the MVFRL applicable to all motor vehicles required by state law to be registered (75 Pa.C.S. § 1712) knowing that Commonwealth agency vehicles are required to be registered by statute.”
Gielarowski v. Port Auth., 632 A.2d 1054 (Pa. Commw. Ct. 1993).
· cites it 6× “PAT's obligation to provide first-party benefits for injuries arising out of the maintenance and use of a motor vehicle is a statutory obligation arising under Section 1712 of the MVFRL, [1] 75 Pa.C.S. § 1712, which is contractual in nature and unrelated to whether PAT committed…”
Rimpa v. Erie Ins. Exch., 590 A.2d 784 (Pa. Super. Ct. 1991).
· cites it 3× “with respect to injury arising out of the maintenance or use of a motor vehicle____” 75 Pa.C.S. § 1712. While the Financial Responsibility Law does set forth certain exclusions from coverage (75 Pa.”
In Re Septa Mvfrl Interest Litig., 996 A.2d 1099 (Pa. Commw. Ct. 2010).
· cites it 2× “75 Pa.C.S. § 1712. Section 1715 of the MVFRL provides, in pertinent part: (a) GENERAL RULE.”
Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 746 A.2d 1118 (Pa. Super. Ct. 1999).
“Furthermore, the legislature expressly made the MVFRL applicable to all motor vehicles required by state law to be registered, 75 Pa.C.S. § 1712, knowing that Commonwealth agency vehicles are required to be registered by statute.”
Schappell v. Motorists Mut. Ins., 868 A.2d 1 (Pa. Super. Ct. 2004).
· cites it 2× “" 75 Pa.C.S. § 1712(1). The use of the word "benefits" does not precisely fit within the definition of that word provided.”
State Farm Mut. Auto. Ins. v. Cavoto, 34 A.3d 123 (Pa. Super. Ct. 2011).
· cites it 2× “75 Pa.C.S. § 1712(1). The MVFRL does not provide the specific definition for some of the terms in Section 1712(1).”
Hobbs v. Ryce, 769 A.2d 469 (Pa. Super. Ct. 2001).
“” 75 Pa.C.S. § 1712(1). In this case, the jury returned a verdict of $3,000, the cost of treatment up to the time of trial; this award did not include the alleged costs of any future treatment or surgery.”
Levine v. Travelers Prop. Cas. Ins., 69 A.3d 671 (Pa. Super. Ct. 2013).
“]” 75 Pa.C.S. § 1712. . A peer review organization PRO is also defined in the regulations: Peer Review Organization — A professional organization with which HCFA or the Commonwealth contracts for medical review of Medicare or Medical Assistance services, or a health care entity…”
— 75 Pa. Cons. Stat. § 1712(1) — 12 cases
Schappell v. Motorists Mut. Ins., 868 A.2d 1 (Pa. Super. Ct. 2004).
“" 75 Pa.C.S. § 1712(1). The use of the word "benefits" does not precisely fit within the definition of that word provided.”
State Farm Mut. Auto. Ins. v. Cavoto, 34 A.3d 123 (Pa. Super. Ct. 2011).
“75 Pa.C.S. § 1712(1). The MVFRL does not provide the specific definition for some of the terms in Section 1712(1).”
Hobbs v. Ryce, 769 A.2d 469 (Pa. Super. Ct. 2001).
“” 75 Pa.C.S. § 1712(1). In this case, the jury returned a verdict of $3,000, the cost of treatment up to the time of trial; this award did not include the alleged costs of any future treatment or surgery.”
— 75 Pa. Cons. Stat. § 1712(2) — 4 cases
Panichelli v. Liberty Mut. Ins. Grp., 669 A.2d 930 (Pa. 1996).
“Section 1712(2) provides that an insurer issuing motor vehicle liability policies shall make available for purchase first party benefits with respect to injury arising out of the maintenance or use of a motor vehicle, which benefits are to include: (2) Income loss benefit.”
— 75 Pa. Cons. Stat. § 1712(2)(i) — 3 cases
Panichelli v. Liberty Mut. Ins. Grp., 669 A.2d 930 (Pa. 1996).
“Section 1712(2) provides that an insurer issuing motor vehicle liability policies shall make available for purchase first party benefits with respect to injury arising out of the maintenance or use of a motor vehicle, which benefits are to include: (2) Income loss benefit.”
— 75 Pa. Cons. Stat. § 1712(l) — 1 case
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