Children of uninsured adults who are injured in their parentâ€™s vehicle are considered full tort, Supreme Ct. rules
(10/3/2023) -Full tort remedies are available to children of an owner of a registered but uninsured vehicle, even though their parents may only pursue limited tort remedies, a divided Pennsylvania Supreme Ct. has ruled. In Holland v. Marcy, the Court on Sept. 28 ruled in a 5-2 decision ruled that two children who were injured as a result of a motor vehicle accident while occupants in their motherâ€™s registered but uninsured vehicle fell within Section 1705(b)(3) of the Motor Vehicle Financial Responsibility Law and “may pursue economic and noneconomic damages.”
Under Section 1705(b)(3), “[a]n individual who is not an owner of a currently registered private passenger motor vehicle and who is not a named insured or insured under any private passenger motor vehicle policy shall not be precluded from maintaining an action for noneconomic loss or economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law.”
The Court rejected the defendantâ€™s argument that the children were precluded under Section 1707(a)(5).
PaTLA's Amicus Committee filed a brief in support of the plaintiffs in this case. What is PaTLA's Amicus Committee?