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Amicus win

Children of uninsured adults who are injured in their parent’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 mother’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 defendant’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?


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