{"data":{"id":"us-ky/krs-304.39-230","jurisdiction":"us-ky","citation":"KRS 304.39-230","heading":"Limitations of actions.","body":"(1) If no basic or added reparation benefits have been paid for loss arising\notherwise than from death, an action therefor may  be commenced  not later\nthan two (2) years after the injured person suffers the loss and either knows, or\nin the exercise of reasonable diligence should know, that the loss was caused\nby the accident, or not later than four (4) years after the accident, whichever is\nearlier. If basic or added reparation benefits have been paid for loss arising\notherwise than from death, an action for further benefits, other than survivor's\nbenefits, by either the same or another claimant, may be commenced  not later\nthan two (2) years after the last payment of benefits.\n(2) If no basic or added reparation benefits have been paid to the decedent or his\nor her survivors, an action for survivor's benefits may be commenced  not later\nthan one (1) year after the death or four (4) years after the accident from which\ndeath results, whichever is earlier. If survivor's benefits have been paid to any\nsurvivor, an action for further survivor's benefits by either the same or another\nclaimant may be commenced  not later than two (2) years after the last payment\nof benefits. If basic or added reparation benefits have been paid for loss\nsuffered by an injured person before his or her death resulting from the injury,\nan action for survivor's benefits may be commenced  not later than one (1) year\nafter the death or four (4) years after the last payment of benefits, whichever is\nearlier.\n(3) If timely action for basic reparation benefits is commenced  against a reparation\nobligor and benefits are denied because of a determination that the reparation\nobligor's coverage is not applicable to the claimant under the provisions on\npriority of applicability of basic reparation security, an action against the\napplicable reparation obligor or the assigned claims bureau  may  be\ncommenced  not later than sixty (60) days after the determination becomes final\nor the last date on which the action could otherwise have been commenced,\nwhichever is later.\n(4) Except as subsections (1), (2), or (3) of this section prescribe a longer period,\nan action by a claimant on an assigned claim which has been timely presented\nmay  be commenced  not later than sixty (60) days after the claimant received\nwritten notice of rejection of the claim by the reparation obligor to which it was\nassigned.\n(5) If a person entitled to basic or added  reparation benefits is under legal\ndisability when the right to bring an action for the benefits first accrues, the\nperiod of his or her disability is a part of the time limited for commencement  of\nthe action.\n(6) An  action for tort liability not abolished by  KRS  304.39-060 may  be\ncommenced  not later than two (2) years after the injury, or the death, or the\ndate of issuance of the last basic or added reparation payment made  by any\nreparation obligor, whichever later occurs. For the purposes of determining the\ndate of issuance of the last basic or added reparation payment made  by a\nreparation obligor, a replacement payment does not extend the date beyond\nthe date of the original payment. For the purposes of this section, \"replacement\npayment\" means a payment in the same amount as the original payment, but\nwhich is issued as a replacement for the original payment for reasons including\nbut not limited to the original payment being lost, stolen, or not delivered. A\nreparation obligor shall provide to a claimant or the claimant's attorney upon\nwritten request information on whether any payment is a replacement payment.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:57Z","sha256":"f92454c46e75336d314b30b904ca2e5be55bca12aec7516892b49dd310e9116c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.39-220","next":"us-ky/krs-304.39-240"},"notice":"GroundRules: Original legal text. Not legal advice."}