Pistorius v. Travelers Insurance

I respectfully dissent, primarily because I interpret the No-Fault Act as being narrower in scope than does the majority here today.

Dirt bikes 1 are recreational vehicles, not motor vehicles, because they cannot be licensed under the Motor Vehicle Code due to their lack of certain safety features. 40 P.C.S. § 1009.103. Thus, in an ordinary one vehicle accident involving only a dirt bike, the No-Fault Act is inapplicable entirely, and the rider receives no insurance benefits. However, by my Brethren’s analysis of 40 P.C.S. § 1009.103, a dirt bike rider can receive benefits if he collides with…