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Children of uninsured drivers get full coverage in Pennsylvania.

Article Excerpt
When Theresa Holland's two minor children were injured in a collision, she sued the driver of the other car on their behalf. Although Holland did not have auto insurance, the Pennsylvania Supreme Court held that her children could receive full-tort coverage. (Holland v. Marcy, No. 28 WAP 2003, 2005 WL 2385444 (Pa. Sept. 28, 2005).)

In Pennsylvania, car owners can purchase full-tort or limited-tort insurance. With limited-tort, "you get a discount, but you give up the right to make a claim for noneconomic damages unless you have what is defined as a serious injury, such as death, serious impairment of a body function, or permanent serious disfigurement," said Anthony Sciarrino of Erie, Pennsylvania, who represented Holland.

Under the Motor Vehicle Financial Responsibility Law (MVFRL), if a parent chooses full-tort insurance, his or her children also have full-tort coverage. If the parent chooses limited-tort insurance, the children have limited-tort coverage. Drivers without insurance are "deemed" to have limited-tort...

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