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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1791 - Notice of available benefits and limits

§ 1791. Notice of available benefits and limits.
It shall be presumed that the insured has been advised of the benefits and limits available under this chapter provided the following notice in bold print of at least ten-point type is given to the applicant at the time of application for original coverage, and no other notice or rejection shall be required:
IMPORTANT NOTICE
Insurance companies operating in the Commonwealth of Pennsylvania are required by law to make available for purchase the following benefits for you, your spouse or other relatives or minors in your custody or in the custody of your relatives, residing in your household, occupants of your motor vehicle or persons struck by your motor vehicle:
(1) Medical benefits, up to at least $100,000.
(1.1) Extraordinary medical benefits, from $100,000 to $1,100,000 which may be offered in increments of $100,000.
(2) Income loss benefits, up to at least $2,500 per month up to a maximum benefit of at least $50,000.
(3) Accidental death benefits, up to at least $25,000.
(4) Funeral benefits, $2,500.
(5) As an alternative to paragraphs (1), (2), (3) and (4), a combination benefit, up to at least $177,500 of benefits in the aggregate or benefits payable up to three years from the date of the accident, whichever occurs first, subject to a limit on accidental death benefit of up to $25,000 and a limit on funeral benefit of $2,500, provided that nothing contained in this subsection shall be construed to limit, reduce, modify or change the provisions of section 1715(d) (relating to availability of adequate limits).
(6) Uninsured, underinsured and bodily injury liability coverage up to at least $100,000 because of injury to one person in any one accident and up to at least $300,000 because of injury to two or more persons in any one accident or, at the option of the insurer, up to at least $300,000 in a single limit for these coverages, except for policies issued under the Assigned Risk Plan. Also, at least $5,000 for damage to property of others in any one accident.
Additionally, insurers may offer higher benefit levels than those enumerated above as well as additional benefits. However, an insured may elect to purchase lower benefit levels than those enumerated above.
Your signature on this notice or your payment of any renewal premium evidences your actual knowledge and understanding of the availability of these benefits and limits as well as the benefits and limits you have selected.
If you have any questions or you do not understand all of the various options available to you, contact your agent or company.
If you do not understand any of the provisions contained in this notice, contact your agent or company before you sign.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1791.2 - Motorcycle marshals

§ 1791.2. Motorcycle marshals.
A motorcycle driver when operating a motorcycle to guide, usher or otherwise ensure the safety of participants in a bicycle race is neither competing nor participating in the bicycle race for purposes of this chapter.
(July 14, 2005, P.L.285, No.50, eff. imd.)
2005 Amendment.
Act 50 added section 1791.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1792 - Availability of uninsured, underinsured, bodily injury liability and property damage coverages and mandatory deductibles

§ 1792. Availability of uninsured, underinsured, bodily injury liability and property damage coverages and mandatory deductibles.
(a) Availability of coverages.--
Except for policies issued under Subchapter D (relating to Assigned Risk Plan), an insurer issuing a policy of bodily injury liability coverage pursuant to this chapter shall make available for purchase higher limits of uninsured, underinsured and bodily injury liability coverages up to at least $100,000 because of injury to one person in any one accident and up to at least $300,000 because of injury to two or more persons in any one accident or, at the option of the insurer, up to at least $300,000 in a single limit for these coverages. Additionally, an insurer shall make available for purchase at least $5,000 because of damage to property of others in any one accident. However, the exclusion of availability relating to the Assigned Risk Plan shall not apply to damage to property of others in any one accident.
(b) Physical damage deductibles.--
(1) Every private passenger automobile insurance policy providing collision coverage issued or renewed on and after the effective date of this subsection shall offer a deductible in an amount of $500 for collision coverage and may offer a deductible in a greater or lesser amount or a zero deductible.
(2) (Deleted by amendment).
(3) Any person or entity providing financing to the purchaser of a motor vehicle or otherwise holding a security interest in a motor vehicle shall not be permitted to require the purchase of a deductible for less than $500 for collision and comprehensive coverages. Any financial institution, insurer, agent or other person or entity found to have violated this provision shall be required to reimburse the policyholder in an amount equal to the difference in premium and, in addition, shall be required to pay a civil penalty of $500 to the Department of Transportation for each violation.
(4) With the purchase of a $500 or greater deductible, there shall be an immediate commensurate reduction in rate for collision and comprehensive coverages. The reduction in rate shall be based on the insured's existing deductible level.
(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. 23, 2013, P.L.1266, No.132, eff. 60 days)
2013 Amendment.
Act 132 amended subsec. (b) hdg., (1) and (2). Section 4 of Act 132 provided that the amendment of section 1792 shall apply to a private passenger automobile insurance policy issued or renewed on or after the effective date of section 4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1793 - Special provisions relating to premiums

§ 1793. Special provisions relating to premiums.
(a) Limitation on premium increases.--
(1) An insurer shall not increase the premium rate of an owner of a policy of insurance subject to this chapter solely because one or more of the insureds under the policy made a claim under the policy and was paid thereon unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim.
(2) No insurer shall charge an insured who has been convicted of a violation of an offense enumerated in section 1535 (relating to schedule of convictions and points) a higher rate for a policy of insurance solely on account of the conviction. An insurer may charge an insured a higher rate for a policy of insurance if a claim is made under paragraph (1).
(b) Surcharge disclosure plan.--
All insurers shall provide to the insured a surcharge disclosure plan. The insurer providing the surcharge disclosure plan shall detail the provisions of the plan including, but not limited to:
(1) A description of conditions that would assess a premium surcharge to an insured along with the estimated increase of the surcharge per policy period per policyholder.
(2) The number of years any surcharge will be in effect.
The surcharge disclosure plan shall be delivered to each insured by the insurer at least once annually. Additionally, the surcharge information plan shall be given to each prospective insured at the time application is made for motor vehicle insurance coverage.
(c) Return of premiums of canceled policies.--
When an insurer cancels a motor vehicle insurance policy which is subject to section 6(3) of the act of June 5, 1968 (P.L.140, No.78), relating to writing, cancellation of or refusal to renew policies of automobile insurance, the insurer shall within 30 days of canceling the policy return to the insured all premiums paid under the policy less any proration for the period the policy was in effect. Premiums are overdue if not paid to the insured within 30 days after canceling the policy. Overdue return premiums shall bear interest at the rate of 12% per annum from the date the return premium became due.
(d) Rules and regulations.--
The Insurance Department shall promulgate rules and regulations establishing guidelines and procedures for determining fault of an insured for the purpose of subsection (a) and guidelines for the content and format of the surcharge disclosure plan.
References in Text.
The act of June 5, 1968 (P.L.140, No.78), referred to as the Automobile Insurance Policy Act, referred to in subsec. (c), was repealed by the act of June 17, 1998, P.L.464, No.68. The subject matter is now contained in Article XX of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1794 - Compulsory judicial arbitration jurisdiction

§ 1794. Compulsory judicial arbitration jurisdiction.
Beginning January 1, 1987, the monetary limit in 42 Pa.C.S. § 7361(b)(2)(i) (relating to compulsory arbitration) for the submission of matters to judicial arbitration in judicial districts embracing first and second class counties shall be $25,000 for actions arising from the maintenance or use of a motor vehicle.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1795 - Insurance fraud reporting immunity

§ 1795. Insurance fraud reporting immunity.
(a) General rule.--
An insurance company, and any agent, servant or employee acting in the course and scope of his employment, shall be immune from civil or criminal liability arising from the supply or release of written or oral information to any duly authorized Federal or State law enforcement agency, including the Insurance Department, upon compliance with the following:
(1) The information is supplied to the agency in connection with an allegation of fraudulent conduct on the part of any person relating to the filing or maintenance of a motor vehicle insurance claim for bodily injury or property damage.
(2) The insurance company, agent, servant or employee has probable cause to believe that the information supplied is reasonably related to the allegation of fraud.
(b) Notice to policyholder.--
The insurance company shall send written notice to the policyholder or policyholders about whom the information pertains unless the insurance company receives notice that the authorized agency finds, based on specific facts, that there is reason to believe that the information will result in any of the following:
(1) Endangerment to the life or physical safety of any person.
(2) Flight from prosecution.
(3) Destruction of or tampering with evidence.
(4) Intimidation of any potential witness or witnesses.
(5) Obstruction of or serious jeopardy to an investigation.
The insurance company shall send written notice not sooner than 45 days nor more than 60 days from the time the information is furnished to an authorized agency except when the authorized agency specifies that a notice should not be sent in accordance with the exceptions enumerated in this subsection in which event the insurance company shall send written notice to the policyholder not sooner than 180 days nor more than 190 days following the date the information is furnished.
(c) Immunity for sending notice.--
An insurance company or authorized agency and any person acting on behalf of an insurance company or authorized agency complying with or attempting in good faith to comply with subsection (b) shall be immune from civil liability arising out of any acts or omissions in so doing.
(d) Applicability.--
Nothing in this section shall be construed to create any rights to privacy or causes of action on behalf of policyholders that are not in existence as of the effective date of this section.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
1984 Amendment.
Act 12 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1796 - Mental or physical examination of person

§ 1796. Mental or physical examination of person.
(a) General rule.--
Whenever the mental or physical condition of a person is material to any claim for medical, income loss or catastrophic loss benefits, a court of competent jurisdiction or the administrator of the Catastrophic Loss Trust Fund for catastrophic loss claims may order the person to submit to a mental or physical examination by a physician. The order may only be made upon motion for good cause shown. The order shall give the person to be examined adequate notice of the time and date of the examination and shall state the manner, conditions and scope of the examination and the physician by whom it is to be performed. If a person fails to comply with an order to be examined, the court or the administrator may order that the person be denied benefits until compliance.
(b) Report of examination.--
If requested by the person examined, a party causing an examination to be made shall promptly deliver to the person examined a copy of every written report concerning the examination at least one of which must set forth the physician's findings and conclusions in detail. Upon failure to promptly provide copies of these reports, the court or the administrator shall prohibit the testimony of the examining physician in any proceeding to recover benefits.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
1984 Amendment.
Act 12 added section 1796.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1798 - Attorney fees and costs

§ 1798. Attorney fees and costs.
(a) Basis for reasonable fee.--
No attorney's fee for representing a claimant in connection with a claim for first party benefits provided under Subchapter B (relating to motor vehicle liability insurance first party benefits) or a claim for catastrophic loss benefits under Subchapter F (relating to Catastrophic Loss Trust Fund) shall be calculated, determined or paid on a contingent fee basis, nor shall any attorney's fees be deducted from the benefits enumerated in this subsection which are otherwise due such claimant. An attorney may charge a claimant a reasonable fee based upon actual time expended.
(b) Unreasonable refusal to pay benefits.--
In the event an insurer is found to have acted with no reasonable foundation in refusing to pay the benefits enumerated in subsection (a) when due, the insurer shall pay, in addition to the benefits owed and the interest thereon, a reasonable attorney fee based upon actual time expended.
(c) Payment by fund.--
The Catastrophic Loss Trust Fund may award the claimant's attorney a reasonable fee based upon actual time expended because a claimant is unable to otherwise pay the fees and costs.
(d) Fraudulent or excessive claims.--
If, in any action by a claimant to recover benefits under this chapter, the court determines that the claim, or a significant part thereof, is fraudulent or so excessive as to have no reasonable foundation, the court may award the insurer's attorney a reasonable fee based upon actual time expended. The court, in such case, may direct that the fee shall be paid by the claimant or that the fee may be treated in whole or in part as an offset against any benefits due or to become due the claimant.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
1984 Amendment.
Act 12 added section 1798.
References in Text.
Subchapter F, referred to in this section, is repealed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1798.1 - Extraordinary medical benefit rate

§ 1798.1. Extraordinary medical benefit rate.
(a) Filing.--
Each insurer issuing or delivering liability insurance policies as described in section 1711 (relating to required benefits) shall file with the Insurance Commissioner for an extraordinary medical benefit rate for coverage under section 1715(a)(1.1) (relating to availability of adequate limits). The filing shall be subject to the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and Surety Rate Regulatory Act, provided that no first time filing for extraordinary medical benefit coverage which is scheduled for a formal administrative hearing may be deemed effective until an adjudication is issued by the Insurance Commissioner. Insurers may provide for the discounting of extraordinary medical benefit loss reserves in annual financial statements. Unallocated extraordinary medical benefit loss expense payments may be treated in accordance with section 315 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of one thousand nine hundred and twenty-one, and regulations promulgated pursuant thereto. The Insurance Commissioner may order the discounting of extraordinary medical benefit losses and allocated loss adjustment expenses in calculating rates for coverage under section 1715(a)(1.1) to the extent determined to be actuarially sound.
(b) Rates.--
All rates established under this section shall be adequate to assure actuarial soundness. Under no circumstances shall rates for other coverages required under the provisions of this chapter be modified or otherwise established to subsidize, in whole or in part, the rate for the extraordinary medical benefit. In making a rate for the extraordinary medical benefit, due consideration shall be given to the current factors generally in use in making motor vehicle insurance rates.
(c) Limitation.--
The extraordinary medical benefit rate for coverage under section 1715(a)(1.1) shall not be subject to any premium tax levied under State law.
(Apr. 26, 1989, P.L.13, No.4, eff. imd.)
1989 Amendment.
Act 4 added section 1798.1.
References in Text.
Section 315 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, referred to in subsec. (a), was repealed by the act of December 18, 1992 (P.L.1496, No.177).
Cross References.
Section 1798.1 is referred to in section 1798.2 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1798.2 - Transition

§ 1798.2. Transition.
(a) Savings provision.--
Notwithstanding the repeal of Subchapter F (relating to Catastrophic Loss Trust Fund) by the act of December 12, 1988 (P.L.1120, No.144), all natural persons who suffer or suffered a catastrophic loss prior to June 1, 1989, or who may suffer a catastrophic loss during the registration year for which payment was made in accordance with former section 1762 (relating to funding), respectively, shall continue to receive, or be eligible to receive, catastrophic loss benefits as if Subchapter F had not been repealed. To ensure the administration and delivery of catastrophic loss benefits to eligible claimants, all powers and duties previously imposed on the Catastrophic Loss Trust Fund Board under Subchapter F are hereby transferred to the Insurance Commissioner.
(b) Rate filing.--
All insurers shall, within 30 days of the effective date of this section, file for approval by the Insurance Commissioner an extraordinary medical benefit rate pursuant to section 1798.1(a) (relating to extraordinary medical benefit rate). Any insurer having an approved rate for catastrophic loss coverage on the effective date of this section shall utilize that approved rate.
(c) Notice.--
For extraordinary medical benefit rate filings approved after the effective date of this section, the insurer shall provide the following notice to all policyholders no later than 30 days from the date of approval, which notice shall not be subject to any provision of any law or regulation requiring the approval of the Insurance Commissioner prior to its adoption or use:
IMPORTANT NOTICE
EXTRAORDINARY MEDICAL BENEFITS
By virtue of recent amendment to the Motor Vehicle Financial Responsibility Law, as of June 1, 1989, the first party benefits coverage may be extended to provide an extraordinary medical benefit which will pay the medical and rehabilitation costs for you and your family members residing in your household which are more than $100,000 for each person injured as the result of an automobile accident, up to a lifetime benefit limit of $1,000,000 for each person. The cost of this extraordinary medical benefit coverage on an annual basis is $ per vehicle. If you wish to purchase the extraordinary medical benefit coverage, please notify your agent or insurance company for additional information. If you do not wish to purchase extraordinary medical benefit coverage, please disregard this notice.
(Apr. 26, 1989, P.L.13, No.4, eff. imd.; July 1, 1989, P.L.115, No.24, eff. imd.)
1989 Amendments.
Act 4 added section 1798.2, retroactive to December 12, 1988, and Act 24 amended subsec. (a).
References in Text.
Subchapter F and section 1762, referred to in this section, are repealed.
Cross References.
Section 1798.2 is referred to in section 1798.4 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1798.3 - Unfunded liability report

§ 1798.3. Unfunded liability report.
By May 15, 1989, the Insurance Commissioner and the Budget Secretary shall jointly prepare and provide to the Governor and to the General Assembly a report on the actuarial soundness of the fund, including a projection of the additional revenues needed on a year-to-year basis and a comparison of the cost of providing additional revenues on a year-to-year, as-needed basis and the cost of providing adequate revenues to eliminate the unfunded liability within no more than five years. The report shall include recommendations as to how rapidly the unfunded liability should be eliminated and what the source or sources of the additional revenues should be, which shall include, but not be limited to, the General Fund or other surcharges. If such report includes recommendations for collecting a surcharge to eliminate the unfunded liability, the report shall compare the consequences of imposing that surcharge on each motor vehicle required to be registered under Chapter 13 (relating to registration of vehicles) except trailers, recreational vehicles not intended for highway use, motorcycles, motor-driven cycles, motorized pedalcycles or like type vehicles; on each insured as defined in section 1702 (relating to definitions); and on each motor vehicle for which coverage is purchased under section 1715(a)(1) (relating to availability of adequate limits) and shall compare the consequences of eliminating the unfunded liability over a period of five years, a period of ten years, a period of 15 years and a period of 20 years.
(Apr. 26, 1989, P.L.13, No.4, eff. imd.)
1989 Amendment.
Act 4 added section 1798.3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799 - Restraint system

§ 1799. Restraint system.
(a) General rule.--
All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide premium discounts for motor vehicles equipped with passive restraint devices. These discounts shall apply to the first party benefits coverage and shall be approved by the commissioner as part of the insurer's rate filing, provided that such discounts shall not be less than 15% for passive seat belts, 20% for one airbag on the operator's side of the vehicle and 30% for two airbags. Some or all of the premium discounts required by this subsection may be omitted upon demonstration to the commissioner in an insurer's rate filing that the discounts are duplicative of other discounts provided by the insurer or specifically reflected in the insurer's experience.
(b) Definitions.--
As used in this subsection, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Passive restraint." Any frontal automobile crash protection system which requires no action of the vehicle occupants and complies with standard 571.208 of the National Traffic Safety Administration or its successor.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1990 Amendment.
Act 6 added section 1799.
Cross References.
Section 1799 is referred to in section 1791.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799.1 - Antitheft devices

§ 1799.1. Antitheft devices.
(a) General rule.--
All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide premium discounts for motor vehicles with passive antitheft devices. These discounts shall apply to the comprehensive coverage and shall be approved by the commissioner as part of the insurer's rate filing, provided that such discounts shall not be less than 10%. Some or all of the premium discounts required by this subsection may be omitted upon demonstration to the commissioner in an insurer's rate filing that the discounts are duplicative of other discounts provided by the insurer.
(b) Definitions.--
As used in this subsection, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Passive antitheft device." Any item or system installed in an automobile which is activated automatically when the operator turns the ignition key to the off position and which is designed to prevent unauthorized use, as prescribed by regulations of the commissioner. The term does not include an ignition interlock provided as a standard antitheft device by the original automobile manufacturer.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1990 Amendment.
Act 6 added section 1799.1.
Cross References.
Section 1799.1 is referred to in section 1791.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799.2 - Driver improvement course discounts

§ 1799.2. Driver improvement course discounts.
(a) Motor vehicle driver improvement course.--
All insurance companies authorized to write private passenger automobile insurance within this Commonwealth shall provide a premium discount for each motor vehicle on a policy under which all named insureds are 55 years of age or older and have successfully completed a motor vehicle driver improvement course meeting the standards of the Department of Transportation. This discount shall apply to all coverages for all policy periods beginning within the three-year period immediately following the successful completion of the course and shall be approved by the commissioner as part of the insurer's rate filing, provided that such discount shall not be less than 5%. The successful completion of more than one course within a three-year period does not qualify the insured for additional discounts. The premium discount required by this subsection may be omitted upon demonstration to the commissioner in an insurer's rate filing that the discount is duplicative of a driver improvement course discount provided by the insurer.
(b) Completion of course.--
Upon successfully completing the approved course, each participant shall be issued, by the course's sponsoring agency, a certificate which shall be the basis of qualification for the discount on insurance.
(c) Continuing eligibility.--
Each participant shall take an approved course every three years to continue to be eligible for the discount on insurance. Each insurer may require, as a condition of providing and maintaining the discount, that the insured for a three-year period after course completion:
(1) not be involved in an accident for which the insured is chargeable;
(2) not be convicted of an offense enumerated in section 1535 (relating to schedule of convictions and points); and
(3) not be convicted or have accepted Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance.
(d) Nonapplicability.--
This section shall not apply in the event the approved course is specified by a court or other governmental entity resulting from a conviction of an offense enumerated in section 1535.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1990 Amendment.
Act 6 added section 1799.2.
Cross References.
Section 1799.2 is referred to in section 1791.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799.4 - Examination of vehicle repairs

§ 1799.4. Examination of vehicle repairs.
Upon request of the insurer, an insurance adjuster shall be afforded a reasonable opportunity to enter a repair facility and examine covered repairs being made to a specific insured's vehicle during regular business hours.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)
1990 Amendment.
Act 6 added section 1799.4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799.5 - Conduct of market study

§ 1799.5. Conduct of market study.
(a) Duty of Insurance Department.--
The Insurance Department may authorize a market conduct study of private passenger automobile insurers.
(b) Purposes of study.--
The purposes of the study shall be to:
(1) Determine extent of insurer competition.
(2) Determine the number of uninsured motorists.
(3) Determine extent of insurer profits and losses.
(4) Determine that rates and premiums charged to residents are lawfully applied.
(5) Determine if the various policies for automobile insurance written in this Commonwealth are available equally to each resident.
(6) Determine the validity of existing rating territories and if rate differentials between or among rating territories is justified by the losses.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)
1990 Amendment.
Act 6 added section 1799.5.
Cross References.
Section 1799.5 is referred to in section 1799.6 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1799.6 - Conduct of random field surveys

§ 1799.6. Conduct of random field surveys.
(a) Authority.--
In furtherance of the purposes and goals of section 1799.5 (relating to conduct of market study), the Insurance Department may conduct field surveys of agents and brokers in this Commonwealth, which shall include, but not be limited to:
(1) The determination of the geographical areas to be surveyed.
(2) The establishment of a list of insurance agents and brokers in the surveyed area or its immediate neighborhood.
(3) The interview of agents and brokers at their offices to obtain premium quotations from the agent for each company represented by that agent.
(4) The sorting and categorizing of information.
(5) The construction of a table displaying quotations by insurer, area and risk.
(6) The writing of a report of the findings.
(b) Conjunctive analysis of market study and field survey.--
The department may analyze information collected from insurance companies under section 1799.5 in conjunction with information collected from field surveys. This analysis may be ongoing. The department's authority to undertake the conjunctive analysis is in addition to any other of its statutory investigative responsibilities. The conjunctive analysis may be used by the department for general regulatory purposes, including enforcement of the insurance laws.
(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)
1990 Amendment.
Act 6 added section 1799.6.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1801 - Definitions

§ 1801. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Commissioner."
The Insurance Commissioner of the Commonwealth.
"Comprehensive database system."
A centralized organization or entity designed to collect and disseminate insurance claims information and data from and among its members or subscribers for, but not limited to, the prevention and suppression of fraud.
"Department."
The Insurance Department of the Commonwealth.
"Motor vehicle insurer"
or
"insurer."
An entity licensed to write motor vehicle insurance in the Commonwealth.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1811 - Filing of plans

§ 1811. Filing of plans.
Each insurer licensed to write motor vehicle insurance in this Commonwealth shall institute and maintain a motor vehicle insurance antifraud plan. The antifraud plan of insurers licensed on the effective date of this subchapter shall be filed with the department on or before December 31, 1990. All insurers licensed after the effective date of this chapter shall file within six months of licensure. All changes to the antifraud plan shall be filed with the department within 30 days after it has been modified.
Cross References.
Section 1811 is referred to in section 1815 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1812 - Content of plans

§ 1812. Content of plans.
The antifraud plans of each insurer shall establish specific procedures:
(1) To prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud.
(2) To review claims in order to detect evidence of possible insurance fraud and to investigate claims where fraud is suspected.
(3) To report fraud to appropriate law enforcement agencies and to cooperate with such agencies in their prosecution of fraud cases.
(4) To undertake civil actions against persons who have engaged in fraudulent activities.
(5) To report fraud-related data to a comprehensive database system.
(6) To ensure that costs incurred as a result of insurance fraud are not included in any rate base affecting the premiums of motor vehicle insurance consumers.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
Cross References.
Section 1812 is referred to in sections 1813, 1815 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1813 - Review by commissioner

§ 1813. Review by commissioner.
Antifraud plans shall be filed with the department. If, after review, the commissioner finds that the antifraud plan does not comply with section 1812 (relating to content of plans), the antifraud plan may be disapproved. Notice of disapproval shall include a statement of the specific reasons for such disapproval. Any plan disapproved by the commissioner must be refiled within 60 days of the date of the notice of disapproval. The commissioner may audit insurers to ensure compliance with antifraud plans as a part of the examinations performed under sections 213, 214 and 216 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of one thousand nine hundred and twenty-one.
References in Text.
Sections 213, 214 and 216 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, referred to in this section, were repealed by the act of February 17, 1994 (P.L.79, No.8).
Cross References.
Section 1813 is referred to in section 1815 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1814 - Report on antifraud activities

§ 1814. Report on antifraud activities.
All insurers shall annually provide to the department a summary report on actions taken under the plan to prevent and combat insurance fraud, including, but not limited to, measures taken to protect and ensure the integrity of electronic data-processing-generated data and manually compiled data, statistical data on the amount of resources committed to combating fraud, and the amount of fraud identified and recovered during the reporting period.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1815 - Penalties

§ 1815. Penalties.
Insurers that fail to file timely antifraud plans as required by sections 1811 (relating to filing of plans) and 1813 (relating to review by commissioner) are subject to the penalty provisions of section 320 of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. Insurers that do not make a good faith attempt to file an antifraud plan which complies with section 1812 (relating to content of plans) shall also be subject to the penalty provisions of section 320 of The Insurance Company Law of 1921, provided that no penalty may be imposed for the first filing made by an insurer under this subchapter. Insurers that fail to follow the antifraud plan shall be subject to a civil penalty for each violation, not to exceed $10,000, at the discretion of the commissioner after consideration of all relevant factors, including the willfulness of any violation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1816 - Confidentiality of plans and reports

§ 1816. Confidentiality of plans and reports.
The antifraud plans and reports which insurers file with the department and any reports or materials related to such reports are not public records and shall not be subject to public inspection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1817 - Reporting of insurance fraud

§ 1817. Reporting of insurance fraud.
Every insurer licensed to do business in this Commonwealth, and its employees, agents, brokers, motor vehicle physical damage appraisers and public adjusters, or public adjuster solicitors, who has a reasonable basis to believe insurance fraud has occurred shall be required to report the incidence of suspected insurance fraud to Federal, State or local criminal law enforcement authorities. Licensed insurance agents and physical damage appraisers may elect to report suspected fraud through the affected insurer with which they have a contractual relationship. All reports of insurance fraud to law enforcement authorities shall be made in writing. Where insurance fraud involves agents, brokers, motor vehicle physical damage appraisers, public adjusters or public adjuster solicitors, a copy of the report shall also be sent to the department.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1818 - Civil immunity

§ 1818. Civil immunity.
No person shall be subject to civil liability for libel, violation of privacy, or otherwise by virtue of the filing of reports or furnishing of other information, in good faith and without malice, required by this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1821 - Membership in system

§ 1821. Membership in system.
(a) General rule.--
Each motor vehicle insurer shall, as a condition of authority to transact the business of insurance in this Commonwealth, obtain and maintain membership in one or more comprehensive database systems for the purpose of reporting and accessing motor vehicle insurance claims data and information.
(b) Requirements for selection.--
Any comprehensive database system selected for membership by a motor vehicle insurer shall meet the following minimum qualifications:
(1) Have and maintain a computerized database.
(2) Have and maintain the capacity to interact with other comprehensive database systems or have and maintain a substantial insurer membership.
(3) Have the ability to service the insurance industry, insurance regulators or law enforcement authorities on an interstate basis.
(c) Claims information.--
Each motor vehicle insurer shall report and access data and information relating to motor vehicle insurance claims to its comprehensive database systems in accordance with the systems' reporting procedures.
(d) Availability to law enforcement officials.--
Any data and information reported to a comprehensive database system may be made available to law enforcement officials.
(e) Payment of expenses.--
Each motor vehicle insurer shall be liable for its share of expenses incurred by any Pennsylvania-specific data index of which the insurer was a member prior to the effective date of this act.
(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)
1992 Amendment.
Act 174 deleted by amendment former section 1821 and added a new section 1821.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1822 - Warning notice on application for insurance and claim forms

§ 1822. Warning notice on application for insurance and claim forms.
Not later than May 1, 1990, all applications for insurance, renewals and claim forms shall contain a statement that clearly states in substance the following:
Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
1992 Amendment.
Act 174 deleted by amendment former section 1822 and renumbered former section 1827 to section 1822.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1823 - Rules and regulations

§ 1823. Rules and regulations.
The department may promulgate such rules and regulations as may be necessary to carry out this chapter.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
1992 Amendment.
Act 174 deleted by amendment former section 1823 and renumbered former section 1828 to section 1823.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1824 - Civil immunity

§ 1824. Civil immunity.
No person shall be subject to civil liability for libel, violation of privacy or otherwise by virtue of the filing of reports or furnishing of other information in good faith and without malice required by this subchapter.
(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)
1992 Amendment.
Act 174 deleted by amendment former section 1824 and renumbered former section 1829 to section 1824.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1825 - Use of information (Deleted by amendment)

§ 1825. Use of information (Deleted by amendment).
1992 Amendment.
Section 1825 was deleted by amendment December 18, 1992, P.L.1411, No.174, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 18 - Motor Vehicle Insurance Fraud › Section 1826 - Annual reports (Deleted by amendment)

§ 1826. Annual reports (Deleted by amendment).
1992 Amendment.
Section 1826 was deleted by amendment December 18, 1992, P.L.1411, No.174, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Extra - Chapter Notes

Enactment.
Chapter 19 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References.
Chapter 19 is referred to in section 1307 of this title.
Cross References.
Subchapter B is referred to in section 1331 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1903 - Limitation on local license fees and taxes

§ 1903. Limitation on local license fees and taxes.
Except as set forth in section 1935 (relating to fee for local use), no municipality shall require or collect any registration or license fee or tax for any vehicle or driver's license from any person.
(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)
2013 Amendment.
See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1911 - Registration fees

§ 1911. Registration fees.
(a) General rule.--
A fee for the registration of vehicles as provided in Chapter 13 (relating to the registration of vehicles) shall be charged by the department as provided in this title.
(b) Department to establish certain fees.--
If a vehicle to be registered is of a type not specifically provided for by this title and is otherwise eligible for registration, the department shall determine the most appropriate fee or fee schedule for the vehicle or type of vehicle based on such factors as design and intended use.
(Nov. 25, 2013, P.L.974, No.89, eff. Dec. 31, 2016)
2013 Amendment.
See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1912 - Passenger cars

§ 1912. Passenger cars.
The annual fee for registration of a passenger car shall be $36.
(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)
1997 Amendment.
See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases.
Cross References.
Section 1912 is referred to in sections 1926.2, 9511.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1913 - Motor homes

§ 1913. Motor homes.
The annual fee for registration of a motor home shall be determined by its registered gross weight in pounds according to the following table:
Class
Registered Gross
Weight in Pounds
Fee
1
8,000 or less
$65
2
8,001 - 11,000
90
3
11,001 or more
116
(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)
2013 Amendment.
See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
1997 Amendment.
See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases.
Cross References.
Section 1913 is referred to in sections 1926, 9511.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1914 - Motorcycles

§ 1914. Motorcycles.
The annual fee for registration of a motorcycle other than a motor-driven cycle shall be $18.
(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)
1997 Amendment.
See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases.
Cross References.
Section 1914 is referred to in section 9511.11 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 19 - Fees › Section 1915 - Motor-driven cycles

§ 1915. Motor-driven cycles.
The annual fee for registration of a motor-driven cycle shall be $9.
(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)
1997 Amendment.
See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases.
Cross References.
Section 1915 is referred to in section 9511.11 of this title.