Kentucky Statutes 304.39-030 – Right to basic reparation benefits
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(1) If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits, unless he has rejected the limitation upon his tort rights as provided in KRS § 304.39-060(4).
(2) If the accident causing injury occurs outside this Commonwealth but within the United States, its territories and possessions, or Canada, the following persons and their survivors suffering loss from injury arising out of maintenance or use of a motor vehicle have a right to basic reparation benefits:
(a) Basic reparation insureds;
(b) The driver and other occupants of a secured vehicle who have not rejected the limitation upon their tort rights, other than:
1. A vehicle, except for a vehicle as provided in paragraph (c) of this subsection, which is regularly used in the course of the business of transporting persons or property and which is one (1) of five (5) or more vehicles under common ownership; or
2. A vehicle owned by an obligated government other than this Commonwealth, its political subdivisions, municipal corporations, or public agencies; and
(c) The driver and other occupants of a bus, who have not rejected the limitation upon their tort rights, are Kentucky residents, and boarded a bus in Kentucky, if the bus is:
1. A secured vehicle;
2. Registered in Kentucky;
3. Regularly used in the course of the business of transporting persons or property; and
4. One (1) of five (5) or more vehicles under common ownership.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 372, sec. 1, effective July 14, 2000. — Created
1974 Ky. Acts ch. 385, sec. 3, effective July 1, 1975.
(2) If the accident causing injury occurs outside this Commonwealth but within the United States, its territories and possessions, or Canada, the following persons and their survivors suffering loss from injury arising out of maintenance or use of a motor vehicle have a right to basic reparation benefits:
Terms Used In Kentucky Statutes 304.39-030
- Loss: means accrued economic loss consisting only of medical expense, work loss, replacement services loss, and, if injury causes death, survivor's economic loss and survivor's replacement services loss. See Kentucky Statutes 304.39-020
- Motor vehicle: means any vehicle which transports persons or property upon the public highways of the Commonwealth, propelled by other than muscular power except road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electrical power obtained from overhead wires while being operated within any municipality or where said vehicles do not travel more than five (5) miles beyond the said limits of any municipality. See Kentucky Statutes 304.39-020
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Use of a motor vehicle: means any utilization of the motor vehicle as a vehicle including occupying, entering into, and alighting from it. See Kentucky Statutes 304.39-020
(a) Basic reparation insureds;
(b) The driver and other occupants of a secured vehicle who have not rejected the limitation upon their tort rights, other than:
1. A vehicle, except for a vehicle as provided in paragraph (c) of this subsection, which is regularly used in the course of the business of transporting persons or property and which is one (1) of five (5) or more vehicles under common ownership; or
2. A vehicle owned by an obligated government other than this Commonwealth, its political subdivisions, municipal corporations, or public agencies; and
(c) The driver and other occupants of a bus, who have not rejected the limitation upon their tort rights, are Kentucky residents, and boarded a bus in Kentucky, if the bus is:
1. A secured vehicle;
2. Registered in Kentucky;
3. Regularly used in the course of the business of transporting persons or property; and
4. One (1) of five (5) or more vehicles under common ownership.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 372, sec. 1, effective July 14, 2000. — Created
1974 Ky. Acts ch. 385, sec. 3, effective July 1, 1975.