Is a motorcycle driver covered by the two year statute of limitations from the date of the last medical payment? Does this still apply even if the motorcyclist was not hit by a car but rather forced into a wall by a swerving driver who then drove off? These are important questions.
The statute KRS 304.39-040(4) indicates that a motorcycle operator may receive basic reparation benefits provided that they have purchased optional coverage for their motorcycle. Therefore, a plaintiff who has purchased the optional coverage would be eligible to receive reparation benefits. A different statute, KRS 304.39-230(6), states that an action for tort liability not abolished by KRS 304.39-060 may be commenced no later than two years after the injury or the death or the last basic or added reparation payment made by any reparation obligor, whichever later occurs. KRS 304,39-020(13) defines “reparation obligor” as an insurer, self-insurer or obligated government providing basic or added reparation benefits under this subtitle. It seems clear that their ability to proceed with an action for tort liability may be commenced, provided the client has received PIP payments from their insurer within the last two years.
Given that the client purchased PIP coverage for their motorcycle, they may take advantage of the two year statute of limitations. This starts the day of the last basic reparation payment by the motorcyclist’s insurer. After consulting the limitations in KRS 304.39-060, there is nothing in that sections that would abolish their ability to commence a tort action.