A 2-1 panel of the Superior Court of Pennsylvania has ruled that an insured is not entitled to uninsured motorist benefits when he/she is injured as a result of the negligence of a minor driving a dirt bike across a public road.

According to the opinion in Burdick v. Erie Insurance Group, the majority enforced the limitation that an uninsured vehicle cannot be a motor vehicle designed for use mainly off public roads. They found that dirt bike does not qualify as a motor vehicle as it is not registered nor is insurance required.

The dissent by Judge McCaffery would allow for coverage and not enforce the limitation because the off-road vehicle was being operated on a public road at the time of the accident.