§ 67.16. Eligible claimant for Fund benefits.
An individual who has suffered injuries in a motor vehicle accident is an eligible claimant for Fund benefits if the individual meets the following criteria:
(1) The individual was a resident of this Commonwealth at the time of the accident.
(2) The injury arose out of the maintenance or use of a motor vehicle after October 1, 1984, and prior to June 1, 1989, or during the December 1988 to December 1989 vehicle registration year for which payment for Catastrophic Loss Trust Fund coverage was made in accordance with former section 1762 of the act (Repealed).
(3) The auto accident occurred in the United States, its territories or possessions or Canada.
(4) The injured person was not the driver or occupant of a recreational vehicle not intended for highway use, a motorcycle, a motorized pedal cycle, a motor-driven cycle or any vehicle required to be registered under 75 Pa.C.S. (relating to the Vehicle Code) but not subject to the Fund charge.
(5) As a result of the accident, the individual incurred reasonable and necessary medical and rehabilitative expenses exceeding $100,000.
(6) The individual’s medical and rehabilitative expenses were not covered by workers’ compensation.
(7) The individual’s medical and rehabilitative expenses were not covered by a policy issued under the Pennsylvania No-fault Motor Vehicle Insurance Act (repealed).
Source The provisions of this § 67.16 adopted October 30, 1998, effective October 31, 1998, 28 Pa.B. 5482.
Cross References This section cited in 31 Pa. Code § 67.2 (relating to definitions).
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