What constitutes “use of a motor vehicle” so that you can make a claim for no-fault benefits due to your injury- Some unusual circumstances.

The Kentucky no-fault statute applies to situations where you are injured while in “use of a motor vehicle.” KRS 304.39–020 (6) defines “use of a motor vehicle” as . . . occupying, entering or alighting from. . . .” The statute further specifies that use of a motor vehicle does not include the following: 1. repairing, servicing or otherwise maintaining vehicle unless conduct occurs off business premises, and 2. conduct in loading or unloading vehicle unless this occurs while occupying, injuring or alighting from it.

Since 1975, when the no-fault statute was first created in the state of Kentucky, the Kentucky court's have had to apply the above statutory language to some unusual circumstances and below is a list of some of the various activities which have been considered to be “use of a motor vehicle:”    attaching a tow chain to a disabled vehicle (State Farm v. Kentucky Farm Bureau, 670 S. W. 2d 258 (Ky.App. 1984)), being struck by an object propelled by a lawnmower while driving by in a motor vehicle (Kentucky Farm Bureau v. Hall, 807 S.W.2d 954 (Ky.App. 1991)), being a passenger (Schroader v. Atkins, 657 S. W.2d 945 (Ky. App. 1983), returning to a vehicle and being hit by a car rolling unattended after driver had helped start disabled vehicle (Kentucky Farm Bureau V. Gray, 814 S.W.2d 928 (Ky.App. 1991)), explosion in vehicle when person entering from passenger side to use lighter and explosion results due to vapors inside the vehicle (Key v. Rager, 858 S.W.2d 718(Ky.App. 1993)), Drive by shooting if the use of the vehicle was an interval part of giving rise to the shooting (in other words, not being shot in a parked car).

If you are wondering whether your injury is covered by the Kentucky no-fault statute, please contact the Kentucky Auto Accident Attorney at kyaaa@insightbb.com or call 502-241-8000 or 859-367-0036. To learn more about Kentucky no-fault click here.