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Police Report Needed for Uninsured Motorist Benefits

Chester Dudzinski & Nathan Hughes

Source: State Farm Mutual Automobile Insurance Company v. Foster, 889 A.2d 78 (Pa. 2005)

Analysis

The policy issued by State Farm and, more importantly, the Motor Vehicle Financial Responsibility Law (MVFRL) required the filing of a police report when an accident occurs and the insured files a claim for UM benefits. The purpose of the MVFRL and the reporting requirement is to prevent fraud and increased insurance premiums. Furthermore, the carrier is not required to establish prejudice before the claimant is precluded from collecting benefits. The claimant failed to file a police report and, consequently, is not eligible to collect UM benefits.

What it Means For You

The MVFRL provisions and interpretations thereof do not require the establishment of prejudice on the part of the carrier where a claimant files a claim for UM benefits and does not file a police report. The failure to file a police report is proper grounds for the denial of UM benefits.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Chester Dudzinski and Nathan Hughes at (412) 563-2500.

You can also read more about the article's related practice groups:
Motor Vehicle