40-3113a.Remedy against a tortfeasor, insurer or self-insurersubrogated, when; credits against future payments; limitation ofactions; attorney fees.(a) When the injury for which personal injury protection benefits arepayable under this act is caused under circumstances creating a legalliability against a tortfeasor pursuant to K.S.A. 40-3117 or the law ofthe appropriate jurisdiction, the injured person, suchperson's dependents or personal representativesshall have the right to pursue such person'sremedy by proper actionin a court of competent jurisdiction against such tortfeasor.
(b) In the event of recovery from such tortfeasor by the injuredperson, such person's dependents or personalrepresentatives by judgment,settlement or otherwise, the insurer or self-insurer shall be subrogatedto the extent of duplicative personal injury protection benefitsprovided to date of such recovery and shall have a lien therefor againstsuch recovery and the insurer or self-insurer may intervene in anyaction to protect and enforce such lien. Whenever any judgment in anysuch action, settlement or recovery otherwise shall be recovered by theinjured person, such person's dependents or personalrepresentatives priorto the completion of personal injury protection benefits, the amount ofsuch judgment, settlement or recovery otherwise actually paid andrecovered which is in excess of the amount of personal injury protectionbenefits paid to the date of recovery of such judgment, settlement orrecovery otherwise shall be credited against future payments ofsuch personal injury protection benefits.
(c) In the event an injured person, such person's dependents orpersonal representative fails to commence an action against suchtortfeasor within 18 months after the date of the accidentresulting in the injury, such failure shall operate as an assignment tothe insurer or self-insurer of any cause of action in tort which theinjured person, the dependents of such person or personalrepresentatives of such person may have against such tortfeasor for thepurpose and to the extent of recovery of damages which are duplicativeof personal injury protection benefits. Such insurer or self-insurer mayenforce same in such person's own name or in the name of the injuredperson, representative or dependents of the injured person for theirbenefit as their interest may appear by proper action in any court ofcompetent jurisdiction.
(d) In the event of a recovery pursuant to K.S.A. 60-258a, andamendments thereto, the insurer or self-insurer's right of subrogationshall be reduced by thepercentage of negligence attributable to the injured person.
(e) Pursuant to this section, the court shall fix attorney feeswhich shall be paid proportionately by the insurer or self-insurer andthe injured person, such person's dependents or personalrepresentatives inthe amounts determined by the court.
40-3113a.Remedy against a tortfeasor, insurer or self-insurersubrogated, when; credits against future payments; limitation ofactions; attorney fees.(a) When the injury for which personal injury protection benefits arepayable under this act is caused under circumstances creating a legalliability against a tortfeasor pursuant to K.S.A. 40-3117 or the law ofthe appropriate jurisdiction, the injured person, suchperson's dependents or personal representativesshall have the right to pursue such person'sremedy by proper actionin a court of competent jurisdiction against such tortfeasor.
(b) In the event of recovery from such tortfeasor by the injuredperson, such person's dependents or personalrepresentatives by judgment,settlement or otherwise, the insurer or self-insurer shall be subrogatedto the extent of duplicative personal injury protection benefitsprovided to date of such recovery and shall have a lien therefor againstsuch recovery and the insurer or self-insurer may intervene in anyaction to protect and enforce such lien. Whenever any judgment in anysuch action, settlement or recovery otherwise shall be recovered by theinjured person, such person's dependents or personalrepresentatives priorto the completion of personal injury protection benefits, the amount ofsuch judgment, settlement or recovery otherwise actually paid andrecovered which is in excess of the amount of personal injury protectionbenefits paid to the date of recovery of such judgment, settlement orrecovery otherwise shall be credited against future payments ofsuch personal injury protection benefits.
(c) In the event an injured person, such person's dependents orpersonal representative fails to commence an action against suchtortfeasor within 18 months after the date of the accidentresulting in the injury, such failure shall operate as an assignment tothe insurer or self-insurer of any cause of action in tort which theinjured person, the dependents of such person or personalrepresentatives of such person may have against such tortfeasor for thepurpose and to the extent of recovery of damages which are duplicativeof personal injury protection benefits. Such insurer or self-insurer mayenforce same in such person's own name or in the name of the injuredperson, representative or dependents of the injured person for theirbenefit as their interest may appear by proper action in any court ofcompetent jurisdiction.
(d) In the event of a recovery pursuant to K.S.A. 60-258a, andamendments thereto, the insurer or self-insurer's right of subrogationshall be reduced by thepercentage of negligence attributable to the injured person.
(e) Pursuant to this section, the court shall fix attorney feeswhich shall be paid proportionately by the insurer or self-insurer andthe injured person, such person's dependents or personalrepresentatives inthe amounts determined by the court.
40-3113a.Remedy against a tortfeasor, insurer or self-insurersubrogated, when; credits against future payments; limitation ofactions; attorney fees.(a) When the injury for which personal injury protection benefits arepayable under this act is caused under circumstances creating a legalliability against a tortfeasor pursuant to K.S.A. 40-3117 or the law ofthe appropriate jurisdiction, the injured person, suchperson's dependents or personal representativesshall have the right to pursue such person'sremedy by proper actionin a court of competent jurisdiction against such tortfeasor.
(b) In the event of recovery from such tortfeasor by the injuredperson, such person's dependents or personalrepresentatives by judgment,settlement or otherwise, the insurer or self-insurer shall be subrogatedto the extent of duplicative personal injury protection benefitsprovided to date of such recovery and shall have a lien therefor againstsuch recovery and the insurer or self-insurer may intervene in anyaction to protect and enforce such lien. Whenever any judgment in anysuch action, settlement or recovery otherwise shall be recovered by theinjured person, such person's dependents or personalrepresentatives priorto the completion of personal injury protection benefits, the amount ofsuch judgment, settlement or recovery otherwise actually paid andrecovered which is in excess of the amount of personal injury protectionbenefits paid to the date of recovery of such judgment, settlement orrecovery otherwise shall be credited against future payments ofsuch personal injury protection benefits.
(c) In the event an injured person, such person's dependents orpersonal representative fails to commence an action against suchtortfeasor within 18 months after the date of the accidentresulting in the injury, such failure shall operate as an assignment tothe insurer or self-insurer of any cause of action in tort which theinjured person, the dependents of such person or personalrepresentatives of such person may have against such tortfeasor for thepurpose and to the extent of recovery of damages which are duplicativeof personal injury protection benefits. Such insurer or self-insurer mayenforce same in such person's own name or in the name of the injuredperson, representative or dependents of the injured person for theirbenefit as their interest may appear by proper action in any court ofcompetent jurisdiction.
(d) In the event of a recovery pursuant to K.S.A. 60-258a, andamendments thereto, the insurer or self-insurer's right of subrogationshall be reduced by thepercentage of negligence attributable to the injured person.
(e) Pursuant to this section, the court shall fix attorney feeswhich shall be paid proportionately by the insurer or self-insurer andthe injured person, such person's dependents or personalrepresentatives inthe amounts determined by the court.
