Personal Auto Policies

PERSONAL AUTO POLICIES MAY PROVIDE BENEFITS FOR ON-DUTY AUTO ACCIDENTS

Patrol officers spend more time on the road, both in and out of their vehicles, and engage in more hazardous highway related activities than individuals in almost any other profession. It stands to reason; therefore, that patrol officers are also at greater risk of suffering highway related work injuries.

The Pennsylvania Legislature, mindful of the risks involved in police work and in appreciation of the service of important safety personnel, adopted the Heart and Lung Act. The Heart and Lung Act provides for the payment of full salary and the continuation of employee benefits for officers who suffer temporary disability in the performance of their duties.

The Heart and Lung Act does not fully compensate officers for all of the damages they may suffer, however. For example, overtime wages may not be considered for purposes of calculating temporary disability benefits under the Heart and Lung Act. In addition, the Heart and Lung Act provides benefits only during periods of temporary disability, not for permanent disability. Lastly, the Heart and Lung Act provides no compensation for non-economic damages, such as an officer’s pain and suffering.

Therefore, if you should suffer an injury in an on-duty highway related automobile accident consider your personal automobile insurance policy as a potential source of additional benefits. One of the most overlooked coverages provided in many personal automobile insurance policies, and which may be available despite the receipt of Heart and Lung benefits, is income loss coverage. Income loss coverage is often overlooked because the Heart and Lung Act supposedly provides for the payment of the officer’s full salary. However, one may successfully argue that Heart and Lung benefits are not the type of benefits that should be considered for purposes of calculating income loss under a personal automobile insurance policy.

The statute of limitations relating to first party benefits under a personal automobile insurance policy is four years from the date of the accident giving rise to the claim. However, if first party benefits have been paid, an action for further benefits must be commenced within four years from the date of the last payment. Therefore, if you have received Heart and Lung benefits as a result of injuries suffered in an automobile accident within this time period, you may wish to review your personal automobile insurance policy to see if it provided income loss coverage. If it did, you may be entitled to additional benefits.
Other benefits that may be available under your personal automobile insurance policy are uninsured or underinsured motorist benefits. Uninsured motorist coverage provides benefits in the event that the third party who was at fault in the accident was uninsured. Underinsured motorist coverage provides benefits in the event that the third party who was at fault in the accident does not have liability insurance sufficient to pay all of your losses.

Uninsured or underinsured motorist benefits must first be paid by the automobile insurance policy covering the automobile that you were occupying at the time of the accident. However, automobile insurance policies are not required to provide uninsured and underinsured motorist coverage. Therefore, if the policy covering your police vehicle did not provide this coverage, you may be entitled to uninsured or underinsured motorist benefits under your personal automobile insurance policy.

In addition, if you were not occupying your police vehicle at the time of the accident, you would not be entitled to uninsured or underinsured motorist coverage under the automobile insurance policy covering the police vehicle. In that case you may be entitled to uninsured or underinsured motorist benefits under your personal automobile insurance policy.

Lastly, the uninsured or underinsured motorist coverage under the automobile insurance policy covering the police vehicle may not be adequate to pay all of your losses. In that case you may be entitled to additional uninsured or underinsured motorist benefits under your personal automobile insurance policy.

It must be noted that most personal automobile insurance policies exclude coverage for injuries suffered in regularly used non-owned cars ("Household Exclusion"). However, the Household Exclusion was held to be void in one case involving a police officer injured while occupying a police vehicle. In that case, the court held that the officer was entitled to underinsured motorist benefits under his personal automobile insurance policy. Gisler v. Prudential Property and Casualty Insurance Company, 764 A.2d 1111 (Pa. Super 2000). The courts have also held, however, that the validity of the Household Exclusion must be determined on the specific facts and circumstances of each case.

It must also be noted that the workers' compensation carrier and employer may have a right to subrogation against the uninsured or underinsured motorist benefits provided under the employer's auto policy for workers' compensation and Heart and Lung benefits that they have paid or will pay in the future. They may not have a right of subrogation against the uninsured or underinsured motorist benefits paid under your personal auto policy, however.

Therefore, if you are injured in an on-duty highway related accident, consider your personal automobile insurance policy is a potential source of additional benefits. After all, you paid the premiums. You should receive all of the benefits that you are entitled to.

By: Richard E. Freeburn, Esquire
Freeburn & Hamilton
4415 North Front Street
Harrisburg PA 17110
(717) 671-1955