Does Kentucky’s Motor Vehicle Reparations Act (MVRA) Cover Accidents at the Car Wash?

Kentucky’s Motor Vehicle Reparations Act (MVRA) creates a “no-fault” system that compensates car accident victims without regard to who was actually responsible for the underlying crash. This means that if you are driving your car and another driver hits you, you and your passengers are entitled to certain basic reparations benefits (BRB), which typically cover up to $10,000 in medical bills and other economic losses. By accepting such no-fault benefits, however, you cannot pursue a personal injury claim against the other driver unless you meet certain statutory thresholds. For instance, if you suffer a permanent injury such as amputation, you can step outside the no-fault system and file a personal injury lawsuit under the MVRA.

Kentucky Court Dismisses Lawsuit Over Malfunctioning Car Wash Machinery

There is a two-year statute of limitations to file a personal injury lawsuit under the MVRA. This is notable because many other types of personal injury claims in Kentucky have just a one-year statute of limitations. But the MVRA only covers injuries “arising out of the maintenance or use of a motor vehicle.” And that does not necessarily cover every accident that may occur when a person happens to be in their car.

A recent decision from the Kentucky Court of Appeals, Smith v. Childers Oil Co., addressed this very subject. The plaintiff in this case is a retired electrician who stopped at a local car wash owned by the defendant. The car wash used a stationary bay, which meant the customer remained inside their car while machinery washed the vehicle. Here, a malfunction in the machinery caused a robotic arm to hit the rear door of the plaintiff’s vehicle, pushing it about two feet forward.

The defendant’s insurance company paid the plaintiff for $1,200 in property damage to his vehicle. But the plaintiff also sought compensation for a neck injury he allegedly sustained when the robot arm rear-ended his vehicle. The plaintiff filed a personal injury lawsuit against the defendant about 17 months after the accident.

A Kentucky trial court dismissed the case, holding it was filed outside of the 1-year statute of limitations applicable to personal injury claims. On appeal, the plaintiff argued that since his injury arose from the maintenance or use of his vehicle, it fell under the MVRA and its two-year statute of limitations. The Kentucky Court of Appeals disagreed. It held the plaintiff’s neck injury was the result of the “alleged negligence relating to the car wash’s machinery,” not his vehicle. As a result, the MVRA simply did not apply here.

Contact a Madisonville Car Accident Attorney Today

It is always important to seek legal advice following any car accident as there are a number of deadlines that can affect your right to seek compensation for your injuries. Contact the Madisonville car accident lawyers at Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=5594339772646762452