No fault insurance benefits and coverage applies when injury occurs in a car wreck or accident or, more generally, through the operation, maintenance or use of a motor vehicle. Use of a motor vehicle includes occupying, entering into and alighting from it. To be deemed

When does no-fault coverage apply?

 

A: No fault insurance benefits and coverage applies when injury occurs in a car wreck or accident or, more generally, through the operation, maintenance or use of a motor vehicle.  Use of a motor vehicle includes occupying, entering into and alighting from it.

To be deemed "entering into" a motor vehicle for purposes of no-fault insurance benefits, you must make contact with it. Fields v BellSouth Telecommunications, Inc, 91 SW3d 571 (Ky. 2002).

A person slipping on ice as she steps from vehicle is alighting from it. If she falls after moving away a few steps, she is not alighting. West American Ins. Co. v. Dickerson, 865 S.W.2d 320 (Ky. 1993).

A child hit after exiting school bus was "in use of" the bus. Hartford Ins Cos of America v. Kentucky School Bd Ins Trust, 17 SW3d 525 (Ky App 1999).

Making use of a vehicle includes attempting to attach a tow rope or chain to tow it to a repair shop. State Farm Mut Ins Co v. Kentucky Farm Bureau Mut Ins Co, 671 SW2d 258 (Ky App 1984).


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