Canceling a Parent's Car Insurance After a Serious Crash in Pennsylvania

Attorney Answer

Talk to a lawyer before canceling. Her policy is very likely the one paying her medical bills for this crash, and it may carry other coverage that matters to her claim. And if the car stays registered without insurance, Pennsylvania suspends the registration. Neither of those is a reason to keep paying forever. Both are reasons to cancel only once someone has read the policy.

Her policy is first in line for her medical benefits. Pennsylvania's first-party medical benefits come from a set order of policies. 75 Pa.C.S. § 1713(a):

Except as provided in section 1714 (relating to ineligible claimants), a person who suffers injury arising out of the maintenance or use of a motor vehicle shall recover first party benefits against applicable insurance coverage in the following order of priority:

First on that list is the policy on which she is the named insured. That is the policy you are thinking of canceling. How a cancellation now affects benefits for a crash that has already happened depends on the policy's terms. It may also carry uninsured or underinsured motorist coverage that matters to her claim against the other driver. That is exactly what a lawyer would read first.

A registered car must stay insured. 75 Pa.C.S. § 1786(a):

Every motor vehicle of the type required to be registered under this title which is operated or currently registered shall be covered by financial responsibility.

And § 1786(d)(1):

(1) The Department of Transportation shall suspend the registration of a vehicle for a period of three months if it determines the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three months if the department determines that the owner or registrant has operated or permitted the operation of the vehicle without the required financial responsibility.

So if the car will not be driven again, the registration and plates have to be dealt with before the insurance ends, not after.

Who can act. If your mother is able to make her own decisions, the call is hers, with your help. If she is not, someone needs legal authority to act for her. A lawyer can tell you what that requires.

What you can do

1. Hold off on canceling until a lawyer has looked at the policy.

2. Get a copy of the policy's declarations page, which shows her coverages and limits.

3. Make sure the crash has been reported to her insurer and that a first-party medical claim is open.

4. Keep her medical records, bills and any letters from insurers together.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Her claim for her injuries must be filed within two years under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”