Due to a recent change in the law, if you are in an accident in your work vehicle that was not your fault, your personal insurance company must compensate you for your injuries if you have uninsured motorist coverage. Your employer’s workers’ compensation insurance may cover your salary and medical costs, but you are also entitled to recover any lost overtime or pain and suffering compensation you are owed.
Previously, insurance companies in Pennsylvania did not have to pay out uninsured/underinsured motorist coverage when an injured driver was driving a vehicle that they regularly use for work. This was known as the “regular use” exclusion and nearly every auto insurance policy had one. What this meant was that, if you were injured while driving a work vehicle and the at-fault driver had a minimum policy that couldn’t adequately compensate you for your injuries, you couldn’t collect from your insurance company even if you had specifically paid them for underinsured motorist coverage.
That changed in Rush v. Erie Insurance Exchange, when the Pennsylvania Superior Court ruled that the regular use exclusion is unenforceable because it conflicts with the Pennsylvania Motor Vehicle Financial Responsibility Law (see 265 A.3d 794 (Pa.Super. 2021) for more information).
In Rush, a police officer suffered serious injuries when two other drivers crashed into his patrol car. Even though the officer had paid for underinsured motorist coverage through Erie Insurance, the insurance company denied the officer’s claim because the officer regularly used the vehicle for work. The Pennsylvania Superior Court ruled that the insurance company’s “regular use” exclusion in its insurance contract was void and the officer was entitled to access his $500,000 underinsured policy.
It’s important that if you’re in an accident you contact an experienced lawyer who knows how to get the insurance company to pay out. At McMonagle Perri we regularly represent workers who are seriously injured. Contact us today and ask for our personal injury team.