304.39-160 Assigned claims.
(1)
(2)
(3)
(4)
A person entitled to basic reparation benefits because of injury covered by this
subtitle may obtain them through the assigned claims plan established pursuant to
the provisions relating thereto and in accordance with the provisions on time for
presenting claims under the assigned claims plan if:
(a) Basic reparation insurance is not applicable to the injury for a reason other
than those specified in the provisions on converted vehicles and intentional
injuries;
(b) Basic reparation insurance applicable to the injury cannot be identified;
(c) Basic reparation insurance applicable to the injury is inadequate to provide the
contracted for benefits because of financial inability of a reparation obligor to
fulfill its obligations; or
(d) A claim for basic reparation benefits is rejected by a reparation obligor for a
reason other than that the person is not entitled under this subtitle to the basic
reparation benefits claimed.
If a claim qualifies for assignment under paragraphs (c) or (d) of subsection (1), the
assigned claims bureau or any reparation obligor to whom the claim is assigned is
subrogated to all rights of the claimant against any reparation obligor, its successor
in interest or substitute, legally obligated to provide basic reparation benefits to the
claimant, for basic reparation benefits provided by the assignee.
Except in case of a claim assigned under subsection (1)(d), if a person receives
basic reparation benefits through the assigned claims plan, all benefits or
advantages he receives or is entitled to receive as a result of the injury, other than by
way of succession at death, death benefits from life insurance, or in discharge of
familial obligations of support, are subtracted in calculating net loss.
A person who sustains injury while occupying a motor vehicle owned by such
person and with respect to which security is required by the provisions on security
and who fails to have such security in effect at the time of an accident in this
Commonwealth causing such injury, shall not obtain through the assigned claims
plan basic reparation benefits, including benefits otherwise due him as a survivor,
unless such person's failure to have such security in effect at the time of such
accident was solely occasioned by the failure of the reparation obligor of such
person to provide the basic reparation benefits required by this subtitle.
Effective: July 1, 1975
History: Created 1974 Ky. Acts ch. 385, sec. 16, effective July 1, 1975.
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