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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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