Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1752 (2026)

Eligible claimants.

✓ current as of May 2026

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§ 1752. Eligible claimants.

(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.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Notes of Decisions

Cited in 28 cases, 1990–2013 · leading case: Hester v. Pennsylvania Fin. Responsibility Assigned Claims ACP, 743 A.2d 926 (Pa. Super. Ct. 1999).

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Hester v. Pennsylvania Fin. Responsibility Assigned Claims ACP, 743 A.2d 926 (Pa. Super. Ct. 1999). · cites it 18× “(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).”

In Re Septa Mvfrl Interest Litig., 996 A.2d 1099 (Pa. Commw. Ct. 2010). · cites it 6× “75 Pa.C.S. § 1752. [1] 75 Pa.C.S. §§ 1701-1799.”

Holland v. Marcy, 883 A.2d 449 (Pa. 2005). · cites it 2× “2d 122 , 126 (1991) (reversing summary judgment for defendant where questions of fact remained as to whether wife had sufficient indicia of ownership to preclude recovery of uninsured motorist benefits under the Assigned Claims Plan which excludes uninsured owners pursuant to 75…”

Jackson v. Travelers Ins., 606 A.2d 1384 (Pa. Super. Ct. 1992). · cites it 2× “75 Pa.C.S. § 1752(a) (emphasis added). Jackson claims that he is an eligible claimant under section 1752(a), and that he is entitled to recover under section 1754.”

Kiker v. Pennsylvania Fin. Responsibility Assigned Claims Plan, 742 A.2d 1082 (Pa. Super. Ct. 1999). · cites it 2× “We note that Appellants do not claim that Appellee is ineligible to recover benefits under 75 Pa.C.S. § 1752, which states: Section 1752.”

Lenhart v. Travelers Ins., 596 A.2d 162 (Pa. Super. Ct. 1991). · cites it 2× “See 75 Pa.C.S. § 1752(a)(5) (parties eligible to recover from the Plan do not include occupants of self-insured vehicles).”

Knox v. Septa, 81 A.3d 1016 (Pa. Commw. Ct. 2013). “75 Pa.C.S. § 1752(a)(5). Section 1752(a)(5) provides that "[a] person is eligible to recover benefits from the Assigned Claims Plan if the person” "[i]s 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…”

Zeigler v. Constitution State Serv. Co., 634 A.2d 261 (Pa. Super. Ct. 1993). · cites it 2× “In order to recover any benefits through the Plan, a claimant must satisfy the eligibility requirements set forth at 75 Pa.C.S. § 1752. Section 1752 provides as follows: (а) General rule.”

Westbrook v. Robbins, 611 A.2d 749 (Pa. Super. Ct. 1992). “See 75 Pa.C.S. §§ 1752(a)(1)-(a)(6). Unlike private policies of insurance, which are primary to any other health insurance, the benefits payable under the Plan are secondary to other forms of health coverage.”

Habbyshaw v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 683 A.2d 1281 (Pa. Commw. Ct. 1996). “2d 122 (1991), a different panel of the Superior Court clarified the reasoning of Ibarra in addressing the issue of who is an owner for purposes of Section 1752(a) of the MVFRL, 75 Pa.C.S. § 1752(a). Under Section 1752(a), a person is eligible to recover benefits from the…”

Bridges v. Gary, 633 A.2d 170 (Pa. Super. Ct. 1993). · cites it 3× “An eligible claimant is defined at 75 Pa.C.S. § 1752 as follows: *574 (а) General rule.”

Lowery v. Port Auth. of Allegheny Cnty., 914 A.2d 953 (Pa. Commw. Ct. 2006). “The Pennsylvania Financial Responsibility Assigned Claims Plan (Assigned Claims Plan) as amicus curiae in support of Lowery and Tarr explains that it provides limited statutory benefits to certain eligible claimants as a last resort if no other coverage is applicable, but…”

Show all 28 citing cases →

— 75 Pa. Cons. Stat. § 1752(a) — 7 cases

Hester v. Pennsylvania Fin. Responsibility Assigned Claims ACP, 743 A.2d 926 (Pa. Super. Ct. 1999). “(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).”

Jackson v. Travelers Ins., 606 A.2d 1384 (Pa. Super. Ct. 1992). “75 Pa.C.S. § 1752(a) (emphasis added). Jackson claims that he is an eligible claimant under section 1752(a), and that he is entitled to recover under section 1754.”

Kiker v. Pennsylvania Fin. Responsibility Assigned Claims Plan, 742 A.2d 1082 (Pa. Super. Ct. 1999). “We note that Appellants do not claim that Appellee is ineligible to recover benefits under 75 Pa.C.S. § 1752, which states: Section 1752.”

— 75 Pa. Cons. Stat. § 1752(a)(1) — 2 cases

In Re Septa Mvfrl Interest Litig., 996 A.2d 1099 (Pa. Commw. Ct. 2010). “75 Pa.C.S. § 1752. [1] 75 Pa.C.S. §§ 1701-1799.”

— 75 Pa. Cons. Stat. § 1752(a)(3) — 9 cases

Holland v. Marcy, 883 A.2d 449 (Pa. 2005). “2d 122 , 126 (1991) (reversing summary judgment for defendant where questions of fact remained as to whether wife had sufficient indicia of ownership to preclude recovery of uninsured motorist benefits under the Assigned Claims Plan which excludes uninsured owners pursuant to 75…”

Bethea v. Pennsylvania Fin. Responsibility Assigned Claims Plan, 595 A.2d 122 (Pa. Super. Ct. 1991).

Allen v. Merriweather, 10 Pa. D. & C.4th 304 (1991).

Bethea v. Pa. Fin. Resp. Assigned Claims Plan, 595 A.2d 122 (Pa. Super. Ct. 1991).

— 75 Pa. Cons. Stat. § 1752(a)(5) — 7 cases

Lenhart v. Travelers Ins., 596 A.2d 162 (Pa. Super. Ct. 1991). “See 75 Pa.C.S. § 1752(a)(5) (parties eligible to recover from the Plan do not include occupants of self-insured vehicles).”

Zeigler v. Constitution State Serv. Co., 634 A.2d 261 (Pa. Super. Ct. 1993). “In order to recover any benefits through the Plan, a claimant must satisfy the eligibility requirements set forth at 75 Pa.C.S. § 1752. Section 1752 provides as follows: (а) General rule.”

Bridges v. Gary, 633 A.2d 170 (Pa. Super. Ct. 1993). “An eligible claimant is defined at 75 Pa.C.S. § 1752 as follows: *574 (а) General rule.”

— 75 Pa. Cons. Stat. § 1752(a)(6) — 3 cases

Walker v. Fennell, 627 A.2d 771 (Pa. Super. Ct. 1993).

Campbell v. New Jersey Auto. Ins., 637 A.2d 226 (N.J. Super. Ct. App. Div. 1994).

— 75 Pa. Cons. Stat. § 1752(a)(l) — 1 case

In Re Septa Mvfrl Interest Litig., 996 A.2d 1099 (Pa. Commw. Ct. 2010). “75 Pa.C.S. § 1752. [1] 75 Pa.C.S. §§ 1701-1799.”

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