We set up the claim and asked the insurance company in Texas to provide Personal Injury Protection (PIP) benefits. PIP benefits are used to help a person pay up front medical costs so that doctors will treat them. Kentucky law mandates that persons who are driving tractors are not driving "motor vehicles." Legally speaking if you are driving a tractor you are a pedestrian under the statute. If you are a pedestrian than the vehicle that hit you (see big rig) is on the hook for providing you with PIP benefits. However, the Texas Insurance Adjuster took the position he would not be providing PIP. My guess is that this adjuster was unfamiliar with Kentucky Law and getting advice from a lawyer in Texas. Either that or he didn't think I would sue him. I filed a lawsuit against the insurance company, the driver of the big rig, and the company that employed the big rig driver.
My Entire Argument:
Plaintiff’s
argument is short and sweet. Under
Kentucky Law, while driving a Tractor, Client is a pedestrian for
purposes of Personal Injury Protection Benefits. See 304.39-020(7). Client is not driving a “motor vehicle” as
defined under the act and the vehicle that hit him, the tractor trailer, is
liable for providing Personal Injury Protection Benefits. See KRS
304.39.050. American Hallmark has failed
to provide such benefits and is thus in violation of the Motor Vehicle
Reparations Act. There is no factual
dispute.
I wonder if this would have happened if I was dealing with a local insurance adjuster who was familiar with PIP. I also find it interesting the Insurance Company from Texas hired the same Louisville Law Firm to defend all three claims.
Hearing set for October 19 in Shelby County Kentucky.
www.louisville-injury-lawyer Advertising Material.
-Brian R. Dettman
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