In July of 2012 the Court of Appeals of Kentucky heard a case involving a car accident when the car crashed into a ditch when it avoided a tractor and wagon. (See Stull v. Steffen, 374 S.W.3d. 355 (Ky.App. 2012)). In this car accident case the passenger was injured and sought medical treatment. The Kentucky car accident occurred in 2005. The car insurance coverage was $10,000 in PIP benefits and $1,000 in MedPay benefits with the MedPay benefits being designated as excess insurance. Id.
The Kentucky car insurance company paid $9,986.31 in PIP benefits and then paid another $1,000 in MedPay benefits. The plaintiff Kentucky car accident lawyer filed suit on January 31, 2008 but the defendant moved to dismiss the case arguing that the car accident lawsuit was not filed within the two-year statute of limitations because it was not filed in time.
Pursuant to Kentucky law, the plaintiff was required to file her claim within two years of the last PIP benefit payment. (cites omitted). The car insurance company was required to pay all of the $10,000 in PIP benefits before it could use the MedPay benefits. (A Kentucky car accident attorney could advise you on this.)
The facts of the case were that the car insurance company paid $9,986.31 in PIP benefits as of January 23, 2006. It had $13.69 left to pay before the MedPay would kick in. On January 24, 2006 the Kentucky car insurance company paid $223.00, which it deemed MedPay benefits. The court stated that $13.69 had to be considered PIP benefits even though the Kentucky insurance company may have misclassified the full payment as MedPay. The first $13.69 the court deemed was a PIP payment with the remaining $209.31 deemed a MedPay payment.
Accordingly, the Kentucky car accident case was dismissed as it was filed after the two year statue of limitations.
If you have been the subject of a Kentucky car accident case, please call and speak to a Kentucky car accident lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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