dissenting:
Appellant, Michael Toter, a resident of New Jersey, was involved in a motor vehicle accident in Bucks County, Pennsylvania, on September 9, 1976. Appellee, Sara E. Knight, *558was the operator of the other vehicle involved in the accident. As a result of the accident, appellant filed a complaint in trespass against appellee in Bucks County alleging personal injuries and that he incurred medical expenses “in excess of $200.00.”1 Appellee filed preliminary objections in the nature of a demurrer on the grounds that the appellant failed to meet the tort liability requirements set forth in the Pennsylvania No-Fault Motor Vehicle Insurance Act.2 The court below sustained appellee’s preliminary objections and appellant has filed an appeal to this Court. This Court has reversed the order of the court below and I dissent.3
On appeal, the sole question for our determination is whether the appellant’s right to bring an action in trespass is controlled by the Pennsylvania No Fault Insurance Act which provides that medical expenses must exceed $750.00 exclusive of diagnostic x-rays costs and rehabilitation costs in order to sue in tort, or the New Jersey No Fault Insurance Act which has a lower threshold of $200.00, exclusive of hospital expenses, x-rays, and other diagnostic medical expenses.4
*559In Pennsylvania, the No-Fault Insurance Statute provides in part:
Tort liability
(a) Partial abolition — Tort liability is abolished with respect to any injury that takes place in this State in accordance with the provisions of this act if such injury arises out of the maintenance or use of a motor vehicle except that:
(5) A person remains liable for damages for non-economic detriment if the accident results in:
(B) the reasonable value of reasonable and necessary medical and dental services, including prosthetic devices and necessary ambulance, hospital and professional nursing expenses incurred in the diagnosis, care and recovery of the victim, exclusive of diagnostic x-ray costs and rehabilitation costs in excess of one hundred dollars ($100.00) is in excess of seven hundred fifty dollars ($750.00). . . Act of July 19, 1974, P.L. 489 § 301, 40 P.S. § 1009.301.
Reading the above provision alone, I would have no difficulty in deciding that medical services (exclusive of diagnostic x-ray costs and rehabilitation costs) must exceed the threshold amount of $750.00 before an action in tort could be commenced in Pennsylvania for injuries suffered in an accident which occurred in this State. However, the statute also provides in Section 110 as follows:
The right of a victim or of a survivor of a deceased victim to sue in tort shall be determined by the law of the state of domicile of such victim. 40 P.S. 1009.110(c)(2).
*560Appellant contends that under this section of the Pennsylvania No-Fault Statute, we must look to the law of New Jersey to determine the applicable threshold amount to commence an action in tort.
This contention ignores the clear language of § 301 of the Pennsylvania No-Fault Act which abolishes tort liability “with respect to any injury that takes place in this State” unless medical expenses exceed $750.00 exclusive of diagnostic x-ray costs and rehabilitation costs.
The court below found an irreconcilable conflict between § 110 and § 301 of the Pennsylvania No-Fault Statute. I would hot go this far. However, I believe that in order for a person domiciled outside of Pennsylvania to sue tort in Pennsylvania for injuries resulting from an accident which has occurred in Pennsylvania, the medical expenses must exceed $750.00 as provided for in § 301 of the Pennsylvania No-Fault Statute.
In construing a statute, every provision must be given effect. Statutory Construction Act, Act of November 25, 1970, P.L. 707, 1 Pa.C.S.A. § 1921, City of Wilkes-Barre v. Ebert, 22 Pa.Cmwlth. 356, 361, 349 A.2d 520, 522 (1975). We should not ignore the threshold of medical expenses in the Pennsylvania Statute merely because New Jersey has a lower threshold. If the legislature intended that the medical threshold was to be $750.00 only if the accident victim was domiciled in Pennsylvania, it could have so stated. On the contrary, it used unambiguous language to abolish tort liability with respect to any accident occurring in Pennsylvania where medical expenses do not exceed $750.00, exclusive of diagnostic x-ray costs and rehabilitation costs in excess of one hundred dollars.
I have considered the findings of the legislature which found that an insurance law which “eliminates the need to determine fault except when a victim is very seriously injured” is a comprehensive and fair system of insurance. Act of July 19, 1974, P.L. 489, 40 P.S. § 1009.102 (emphasis added). New Jersey apparently does not require injuries to be as serious as does Pennsylvania in order to bring an *561action in tort to recover for injuries. I do not intend to equate the seriousness of an injury with medical expenses resulting from the injury, but our legislature has determined that if medical expenses do not exceed $750.00 (exclusive of certain costs) the injury is not serious enough to result in a trespass action based on tort.
The Pennsylvania Code, in its discussion of § 110 of the No-Fault Act states: “If a nonresident is involved in an accident in the Commonwealth, he will receive benefits as provided under his state of domicile no-fault plan. If his state of domicile has no such plan, or if the nonresident has no state of domicile, then he will receive benefits as provided under the Commonwealth no-fault plan.” Title 31 Pa. Code § 66.1-110(c)(l)(b). The Pennsylvania Code is silent with respect to the situation where the nonresident’s state of domicile has a lower threshold of medical expenses than does the State of Pennsylvania.
I do not believe that § 110 and § 301 of the No-Fault Statute are irreconcilable. However, if they are irreconcilable, then under the Statutory Construction Act, § 301 would prevail over § 110. The Statutory Construction Act of November 25, 1970, P.L. 707, 1 Pa.C.S.A. § 1934 provides that when clauses of the same statute are irreconcilable, the last clause in order of position shall prevail. I am convinced that the legislature having unequivocally abolished tort liability in cases where an accident occurs in Pennsylvania and medical expenses do not exceed $750.00 did not intend to reinstate such liability where the victim happens to be domiciled outside of the Commonwealth and the state of the victim’s domicile permits an action in tort even though medical expenses are less than $750.00. Such a conclusion would not only be contrary to the unambiguous language of § 301 of the statute, but also contrary to the express intent of the legislature as set fourth in the no-fault statute to allow actions in tort only where the victim is very seriously injured.
I would affirm the order of the court below.
. Paragraph 9 of the amended complaint in trespass states:
“9. As a result of this accident, plaintiff has been or will be obliged to receive and undergo medical attention and care and to expend various sums of money or incur various expenses for the injuries he has suffered, the cost or reasonable value of which is an amount which is in excess of $200.00 exclusive of hospital expenses, x-rays, and other diagnostic medical expenses and he may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future.”
. Act of July 19, 1974, P.L. 489, 40 P.S. § 1009.101, et seq.
. As pointed out in the majority opinion, another panel has reached the same conclusion as the majority that the right of the appellant to sue in tort is determined by the law of New Jersey, the appellant’s domicile. DuBose v. McCoy, 277 Pa.Super. 149, 419 A.2d 705 (1980). It should be noted that the DuBose opinion did not consider § 301 of the Act which abolished tort liability in certain instances.
. The applicable part of the New Jersey Statute is as follows:
Every owner, registrant, operator, or occupant of an automobile to which Section 4, personal injury protection coverage, regardless of fault, applies, and every person or organization legally responsible for his acts or omissions, is hereby exempted from tort liability for damages to any person who is required to maintain the coverage
*559mandated by this act, or to any person who is required to maintain the coverage mandated by this act, or to any person who has a right to receive benefits under Section 4 of this act as a result of bodily injury, arising out of the ownership, operation, maintenance, or use of such automobile in this State, if the bodily injury, is confined solely to the soft tissue of the body and the medical expenses incurred or to be incurred by such injured person or the equivalent value thereof for the reasonable and necessary treatment of such bodily injury, is less than $200.00, exclusive of hospital expenses, x-rays and other diagnostic medical expenses ... (New Jersey Statutes Annotated, 39:6A-8).