Corbin v. Khosla (majority)
Annotate this CaseThis case raised the question of whether an uninsured driver who was injured in a motor vehicle accident with an insured driver, may sue the insured driver in tort for economic damages. "The question highlight[ed] a tension" in the Motor Vehicle Financial Responsibility Law, (MVFRL), 75 Pa.C.S. 1701-1799, and Pennsylvania decisional precedent, as noted by the United States Court of Appeals for the Third Circuit. On the one hand, Section 1714 of the MVFRL prohibits uninsured drivers from recovering first-party benefits, which include medical and income loss benefits. On the other, Section 1705 of the MVFRL deems uninsured drivers to have chosen the limited tort alternative, which permits recovery of damages for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person. Loss is commonly understood as being comprised of damages for medical expenses and wage loss. "Thus, it may appear as though the MVFRL both prohibits and permits insurance recovery to uninsured drivers for this category of damages or loss." The Supreme Court answered the question posed by the Third Circuit in the negative: Section 1714 of the MVFRL does not preclude an uninsured motorist from recovering tort damages for economic loss from an alleged third-party tortfeasor under the torfeasor’s liability coverage.
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