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Articles Tagged with ATV

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By Bob Young, Managing Partner

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Bob Young

Over the last couple of years, I have represented clients significantly injured as the result of accidents caused by a golf cart, ATV and a trailer that came loose from a truck. In each case, one of the major hurdles was proving that the person who caused the accident had coverage under either their homeowners or automobile insurance policies. For those who caused accident, they risked not being covered and thus subjecting themselves to a large payout that could have devastated them financially.

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By Kyle Roby, Attorney and Partner
English, Lucas, Priest and Owsley, LLP

close-up-of-road-300x200Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit.

The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV.

Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits.

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