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September 12, 2017

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Kentucky Supreme Court limits time to claim benefits from your own insurance carrier.

 

It's a good idea to carry Underinsured motorist benefits or "UIM" on your auto policy. Actually, it's more than a good idea, you should absolutely have UIM and you should buy as much coverage as you can.  UIM benefits help compensate drivers and passengers when the liable party has insufficient coverage to pay you for injuries caused by their negligence.

 

Our Kentucky Supreme Court in State Farm Mutual Insurance Co. v. Lonnie Dale Riggs has ruled that if you have to sue your own insurance company for these benefits (and you often have to unfortunately), the time allowed to file a claim is now dramatically shortened.  Prior to this decision, Kentucky Court's have applied a fifteen year statute of limitations. The Riggs case now holds that you have two years from the date of the accident or the last PIP payment to file suit.  This unnecessarily limits an injured party's ability to bring suit for benefits and is yet another example of our Courts chipping away at a Plaintiff's right to recover benefits under their policy.  

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