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And Another Thing...

I have a question regarding insurance liability for students on our school buses. Some believe that any medical care resulting from an injury on the bus should be processed through the auto insurance of the student’s family. Is there any truth to this, and if so, can you provide the reference?

Pennsylvania’s Motor Vehicle Financial Responsibility Law says:

75 Pa. C.S.§ 1719. Coordination of benefits.

(a)  General rule. -- Except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. Any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 (relating to availability of adequate limits) shall be construed to contain a provision that all benefits provided therein shall be in excess of and not in duplication of any valid and collectible first party benefits provided in section 1711, 1712 or 1715 or workers' compensation.

This means that the medical expenses of someone injured on your bus must be paid by their auto insurance carrier.  However, if the driver is injured in the same accident, the driver’s medical expenses are paid under the employer’s (bus company’s) workers compensation insurance.  This is the short and simple answer.  There are some complex variations and be aware that while the injured passenger is required have their auto insurer pay for their medical bills, this does not prevent that same person from making a liability claim against the driver and bus company if the accident was caused by the driver’s negligence.        



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