Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1731 (2026)

Availability, scope and amount of coverage.

✓ current as of May 2026

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SUBCHAPTER C

UNINSURED AND UNDERINSURED MOTORIST COVERAGE

Sec.

1731. Availability, scope and amount of coverage.

1732. Limits of coverage (Repealed).

1733. Priority of recovery.

1734. Request for lower limits of coverage.

1735. Coverages unaffected by workers' compensation benefits (Repealed).

1736. Coverages in excess of required amounts.

1737. Workers' compensation benefits not a bar to uninsured and underinsured motorist benefits (Repealed).

1738. Stacking of uninsured and underinsured benefits and option to waive.

§ 1731. Availability, scope and amount of coverage.

(a) Mandatory offering.--No motor vehicle liability insurance policy shall be delivered or issued for delivery in this Commonwealth, with respect to any motor vehicle registered or principally garaged in this Commonwealth, unless uninsured motorist and underinsured motorist coverages are offered therein or supplemental thereto in amounts as provided in section 1734 (relating to request for lower limits of coverage). Purchase of uninsured motorist and underinsured motorist coverages is optional.

(b) Uninsured motorist coverage.--Uninsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of uninsured motor vehicles. The named insured shall be informed that he may reject uninsured motorist coverage by signing the following written rejection form:

REJECTION OF UNINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage.

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	Signature of First Named Insured
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	Date

(b.1) Limitation of rejection.--Uninsured motorist protection may be rejected for the driver and passengers for rental or lease vehicles which are not otherwise common carriers by motor vehicle, but such coverage may only be rejected if the rental or lease agreement is signed by the person renting or leasing the vehicle and contains the following rejection language:

Rejection of Uninsured Motorist Protection

I am rejecting uninsured motorist coverage under this rental or lease agreement, and any policy of insurance or self-insurance issued under this agreement, for myself and all other passengers of this vehicle. Uninsured coverage protects me and other passengers in this vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

(b.2) Rejection language change.--The rejection language of subsection (b.1) may only be changed grammatically to reflect a difference in tense in the rental agreement or lease agreement.

(b.3) Vehicle rental services.--The requirements of subsection (b.1) may be met in connection with an expedited vehicle rental service, which service by agreement of the renter does not require the renter's signature for each rental, if a master enrollment or rental agreement contains the rejection language of subsection (b.1) and such agreement is signed by the renter.

(c) Underinsured motorist coverage.--Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of underinsured motor vehicles. The named insured shall be informed that he may reject underinsured motorist coverage by signing the following written rejection form:

REJECTION OF UNDERINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting underinsured motorist coverage under this policy, for myself and all relatives residing in my household. Underinsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough insurance to pay for all losses and damages. I knowingly and voluntarily reject this coverage.

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	Signature of First Named Insured
	‌
	Date

(c.1) Form of waiver.--Insurers shall print the rejection forms required by subsections (b) and (c) on separate sheets in prominent type and location. The forms must be signed by the first named insured and dated to be valid. The signatures on the forms may be witnessed by an insurance agent or broker. Any rejection form that does not specifically comply with this section is void. If the insurer fails to produce a valid rejection form, uninsured or underinsured coverage, or both, as the case may be, under that policy shall be equal to the bodily injury liability limits. On policies in which either uninsured or underinsured coverage has been rejected, the policy renewals must contain notice in prominent type that the policy does not provide protection against damages caused by uninsured or underinsured motorists. Any person who executes a waiver under subsection (b) or (c) shall be precluded from claiming liability of any person based upon inadequate information.

(d) Limitation on recovery.--

(1) A person who recovers damages under uninsured motorist coverage or coverages cannot recover damages under underinsured motorist coverage or coverages for the same accident.

(2) A person precluded from maintaining an action for noneconomic damages under section 1705 (relating to election of tort options) may not recover from uninsured motorist coverage or underinsured motorist coverage for noneconomic damages.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990; Dec. 28, 1994, P.L.1441, No.170, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July 6, 1995, P.L.246, No.30, eff. 60 days)

1995 Amendment. Act 30 amended subsec. (b.1) and added subsecs. (b.2) and (b.3), retroactive to December 28, 1994, as to subsec. (b.1).

Cross References. Section 1731 is referred to in sections 1705, 1734 of this title.

Notes of Decisions

Cited in 229 cases (39 in the last 5 years), 1984–2026 · leading case: Ford, A., Aplt. v. Am. States Ins., 154 A.3d 237 (Pa. 2017).

Sort: Relevance Newest Treatment

Ford, A., Aplt. v. Am. States Ins., 154 A.3d 237 (Pa. 2017). · cites it 21× “75 Pa.C.S. § 1731(c.1).2 Appellant further noted that the same subsection of the MVFRL requires an insurer to produce a valid UIM coverage rejection form; otherwise, the insurer must provide UIM coverage equal to the policy’s bodily injury liability limits.”

Lewis v. Erie Ins. Exch., 793 A.2d 143 (Pa. 2002). · cites it 14× “The Lewises, however, contended that the limits of available UIM coverage should be extended to the bodily injury liability limits ($500,000, and $1 million after stacking), since Erie’s UM/UIM coverage options foim failed to conform to Section *109 1731 of the MVFRL, 75 Pa.C.S.…”

Burstein v. Prudential Prop. & Cas. Ins., 809 A.2d 204 (Pa. 2002). · cites it 11× “See 75 Pa.C.S. §§ 1731, 1734 (superseded). Among other substantial revisions to the MVFRL that occurred in 1990, [3] also designed to enhance the ability of insurers to control costs, the General Assembly made the purchase of UM and UIM coverage optional, although insurers…”

Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 788 A.2d 955 (Pa. 2001). · cites it 10× “75 Pa.C.S. § 1731(a). UIM insurance provides insureds, who select coverage, with a source of recovery when a tortfeasor lacks sufficient resources to compensate them fully.”

Salazar v. Allstate Ins., 702 A.2d 1038 (Pa. 1997). · cites it 16× “1 of the MVFRL, 75 Pa.C.S. §§ 1731, 1791, and 1791.1, must be read in pari materia, and that an insurer must provide the notice required by section 1791.”

Williams v. Geico Gov't Employees Ins., 32 A.3d 1195 (Pa. 2011). · cites it 6× “6 Williams further argues that the exclusion violates the plain language of the MVFRL because it excludes UIM coverage without a written rejection as required by 75 Pa.C.S. § 1731. In advancing his position, Appellant relies heavily on Mr.”

Pennsylvania Nat'l Mut. Cas. Co. v. Black, 916 A.2d 569 (Pa. 2007). · cites it 7× “" 75 Pa.C.S. § 1731 (emphasis added). This statement makes no reference to guest passengers.”

Egan v. USI Mid-Atl., Inc., 92 A.3d 1 (Pa. Super. Ct. 2014). · cites it 6× “The provision and rejection of UM/UIM insurance are governed by Sections 1731-1738 of the MVFRL. Section 1731 of the MVFRL directs insurers to make a “mandatory offering” of UM/UIM coverage, pri- or to delivery or issuing a motor vehicle liability insurance policy.”

Winslow-Quattlebaum v. Maryland Ins. Grp., 752 A.2d 878 (Pa. 2000). · cites it 6× “The sole issue before this Court is whether an insured’s rejection of underinsured motorist benefits must appear alone on a page in the insurance application to be valid pursuant to 75 Pa.C.S. § 1731 (c.l). For the reasons stated below, we reverse.”

Dorohovich v. West Am. Ins., 589 A.2d 252 (Pa. Super. Ct. 1991). · cites it 8× “75 Pa.C.S. § 1731(b). [2] motorist coverage Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of…”

Generette v. Donegal Mut. Ins. Co., 957 A.2d 1180 (Pa. 2008). · cites it 4× “coverage that "[UIM] coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough insurance to pay for all losses and damages" 75 Pa.C.S. § 1731 (emphasis added). This…”

Rump v. Aetna Cas. & Sur. Co., 710 A.2d 1093 (Pa. 1998). · cites it 9× “Thus, Aetna asserted that the limitation of 75 Pa.C.S. § 1731(d)(2) 5 applied to appellant and precluded him from recovering uninsured motorist benefits for noneconomic damages.”

Show all 229 citing cases →

— 75 Pa. Cons. Stat. § 1731(2) — 1 case

Fire & Cas. Co. v. Cook, 155 F. App'x 587 (3rd Cir. 2005).

— 75 Pa. Cons. Stat. § 1731(a) — 84 cases

Burstein v. Prudential Prop. & Cas. Ins., 809 A.2d 204 (Pa. 2002). “See 75 Pa.C.S. §§ 1731, 1734 (superseded). Among other substantial revisions to the MVFRL that occurred in 1990, [3] also designed to enhance the ability of insurers to control costs, the General Assembly made the purchase of UM and UIM coverage optional, although insurers…”

Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 788 A.2d 955 (Pa. 2001). “75 Pa.C.S. § 1731(a). UIM insurance provides insureds, who select coverage, with a source of recovery when a tortfeasor lacks sufficient resources to compensate them fully.”

Transguard Ins. Co. of Am., Inc. v. Hinchey, 464 F. Supp. 2d 425 (M.D. Penn. 2006).

Progressive N. Ins. v. Schneck, 813 A.2d 828 (Pa. 2002).

Heller v. Pennsylvania League of Cities & Municipalities, 32 A.3d 1213 (Pa. 2011).

— 75 Pa. Cons. Stat. § 1731(b) — 39 cases

Dorohovich v. West Am. Ins., 589 A.2d 252 (Pa. Super. Ct. 1991). “75 Pa.C.S. § 1731(b). [2] motorist coverage Underinsured motorist coverage shall provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages therefor from owners or operators of…”

Generette v. Donegal Mut. Ins. Co., 957 A.2d 1180 (Pa. 2008). “coverage that "[UIM] coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have enough insurance to pay for all losses and damages" 75 Pa.C.S. § 1731 (emphasis added). This…”

Ins. Fed'n of Pa v. Dept. of Ins., 889 A.2d 550 (Pa. 2005).

Egan v. USI Mid-Atl., Inc., 92 A.3d 1 (Pa. Super. Ct. 2014). “The provision and rejection of UM/UIM insurance are governed by Sections 1731-1738 of the MVFRL. Section 1731 of the MVFRL directs insurers to make a “mandatory offering” of UM/UIM coverage, pri- or to delivery or issuing a motor vehicle liability insurance policy.”

— 75 Pa. Cons. Stat. § 1731(c) — 55 cases

Ford, A., Aplt. v. Am. States Ins., 154 A.3d 237 (Pa. 2017). “75 Pa.C.S. § 1731(c.1).2 Appellant further noted that the same subsection of the MVFRL requires an insurer to produce a valid UIM coverage rejection form; otherwise, the insurer must provide UIM coverage equal to the policy’s bodily injury liability limits.”

Lewis v. Erie Ins. Exch., 793 A.2d 143 (Pa. 2002). “The Lewises, however, contended that the limits of available UIM coverage should be extended to the bodily injury liability limits ($500,000, and $1 million after stacking), since Erie’s UM/UIM coverage options foim failed to conform to Section *109 1731 of the MVFRL, 75 Pa.C.S.…”

— 75 Pa. Cons. Stat. § 1731(c)(1) — 1 case

Ranocchia, A. & J. v. Erie Ins. (Pa. Super. Ct. 2016).

— 75 Pa. Cons. Stat. § 1731(d) — 8 cases

Petty, T. v. Federated Mut. Ins., 152 A.3d 1020 (Pa. Super. Ct. 2016).

Donnelly v. Bauer, 720 A.2d 447 (Pa. 1998).

Douglas v. Discover Prop. & Cas. Ins., 810 F. Supp. 2d 724 (M.D. Penn. 2011).

Davis v. Port Auth., 20 Pa. D. & C.4th 296 (1993).

— 75 Pa. Cons. Stat. § 1731(d)(1) — 2 cases

Fire & Cas. Co. v. Cook, 155 F. App'x 587 (3rd Cir. 2005).

Antonas, G. v. Vassiliadis, S. (Pa. Super. Ct. 2016).

— 75 Pa. Cons. Stat. § 1731(d)(2) — 1 case

Rump v. Aetna Cas. & Sur. Co., 710 A.2d 1093 (Pa. 1998). “Thus, Aetna asserted that the limitation of 75 Pa.C.S. § 1731(d)(2) 5 applied to appellant and precluded him from recovering uninsured motorist benefits for noneconomic damages.”

— 75 Pa. Cons. Stat. § 1731(e) — 1 case

Prudential Prop. & Cas. Ins. v. Ziatyk, 793 A.2d 965 (Pa. Super. Ct. 2002).

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