304.39-230 Limitations of actions.
(1)
(2)
(3)
(4)
(5)
(6)
If no basic or added reparation benefits have been paid for loss arising otherwise
than from death, an action therefor may be commenced not later than two (2) years
after the injured person suffers the loss and either knows, or in the exercise of
reasonable diligence should know, that the loss was caused by the accident, or not
later than four (4) years after the accident, whichever is earlier. If basic or added
reparation benefits have been paid for loss arising otherwise than from death, an
action for further benefits, other than survivor's benefits, by either the same or
another claimant, may be commenced not later than two (2) years after the last
payment of benefits.
If no basic or added reparation benefits have been paid to the decedent or his
survivors, an action for survivor's benefits may be commenced not later than one (1)
year after the death or four (4) years after the accident from which death results,
whichever is earlier. If survivor's benefits have been paid to any survivor, an action
for further survivor's benefits by either the same or another claimant may be
commenced not later than two (2) years after the last payment of benefits. If basic or
added reparation benefits have been paid for loss suffered by an injured person
before his death resulting from the injury, an action for survivor's benefits may be
commenced not later than one (1) year after the death or four (4) years after the last
payment of benefits, whichever is earlier.
If timely action for basic reparation benefits is commenced against a reparation
obligor and benefits are denied because of a determination that the reparation
obligor's coverage is not applicable to the claimant under the provisions on priority
of applicability of basic reparation security, an action against the applicable
reparation obligor or the assigned claims bureau may be commenced not later than
sixty (60) days after the determination becomes final or the last date on which the
action could otherwise have been commenced, whichever is later.
Except as subsections (1), (2), or (3) of this section prescribe a longer period, an
action by a claimant on an assigned claim which has been timely presented may be
commenced not later than sixty (60) days after the claimant received written notice
of rejection of the claim by the reparation obligor to which it was assigned.
If a person entitled to basic or added reparation benefits is under legal disability
when the right to bring an action for the benefits first accrues, the period of his
disability is a part of the time limited for commencement of the action.
An action for tort liability not abolished by KRS 304.39-060 may be commenced
not later than two (2) years after the injury, or the death, or the last basic or added
reparation payment made by any reparation obligor, whichever later occurs.
Effective: July 1, 1975
History: Created 1974 Ky. Acts ch. 385, sec. 23, effective July 1, 1975.
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