There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subtitle 39. Motor Vehicle Reparations Act
304.39.070 "Secured person" -- Obligor's rights to recovery.
Download pdfomissions of such owner, operator or occupant. (2) A reparation obligor which has paid or may become obligated to pay basic reparation benefits shall be subrogated to the extent of its obligations to all of the
rights of the person suffering the injury against any person or organization other
than a secured person. (3) A reparation obligor shall have the right to recover basic reparation benefits paid to or for the benefit of a person suffering the injury from the reparation obligor of a
secured person as provided in this subsection, except as provided in KRS 304.39-
140(3). The reparation obligor shall elect to assert its claim (i) by joining as a party
in an action that may be commenced by the person suffering the injury, or (ii) to
reimbursement, pursuant to KRS 304.39-030, sixty (60) days after said claim has
been presented to the reparation obligor of secured persons. The right to recover
basic reparation benefits paid under (ii) shall be limited to those instances
established as applicable by the Kentucky Insurance Arbitration Association as
provided in KRS 304.39-290. (4) Any entitlement to recovery for basic or added reparation benefits paid or to be paid by the subrogee shall in no event exceed the limits of automobile bodily injury
liability coverage available to the secured party after priority of entitlement as
provided in this section and KRS 304.39-140(3) has been satisfied. (5) An attorney representing a secured person in any action filed under KRS 304.39- 060 shall be entitled to a reasonable attorneys' fee in the event that reparation
benefits paid to said secured person by that secured person's reparation's obligor are
reimbursed by any insurance carrier on behalf of a tortfeasor who is the defendant in
any such action filed by the said secured person or in the event such potential
"action" is settled by said potential tortfeasor's insurance carrier on his behalf prior
to the filing of any such suit. Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 215, sec. 4, effective June 17, 1978; and ch. 384, sec. 104, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385, sec. 7, effective
July 1, 1975. Legislative Research Commission Note. This section was amended by two 1978 acts which do not appear to be in conflict and have been compiled together.
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