KRS 304.39-050: Priority of applicability of security for payment of basic reparation

benefits.

(1) The basic reparation insurance applicable to bodily injury to which this subtitle

applies is the security covering the vehicle occupied by the injured person at the

time of the accident or, if the injured person is a pedestrian, the security covering

the vehicle which struck such pedestrian. If the reparation obligor providing such

insurance fails to make payment for loss within thirty (30) days after receipt of

reasonable proof of the fact and the amount of loss sustained, the injured person

shall be entitled to payment under any contract of basic reparation insurance under

which he is a basic reparation insured and the insurer making such payments shall

be entitled to full reimbursement from the reparation obligor providing the security

covering the vehicle. A pedestrian, as used herein, means any person who is not

making "use of a motor vehicle" at the time his injury occurs.

(2) If there is no security covering the vehicle, any contract of basic reparation

insurance under which the injured person is a basic reparation insured shall apply.

(3) No person shall recover basic reparation benefits from more than one (1) reparation

obligor as a result of the same accident, except as provided in KRS 304.39 -140(4),

nor in excess of ten thousand dollars ($10,000) as the result of the same accident.