There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subtitle 39. Motor Vehicle Reparations Act
304.39.140 Optional additional benefits.
Download pdfinsured, be required to provide added reparation benefits for economic loss in units
of ten thousand dollars ($10,000) per person subject to the lesser of:
(a) Forty thousand dollars ($40,000) in added reparation benefits; or
(b) The limit of security provided for liability to any one (1) person in excess of the requirements of KRS 304.39-110(1)(a). (2) Each basic reparation obligor shall be permitted to incorporate in added reparation benefits coverage such terms, conditions and exclusions as may be consistent with
premiums charged. The amounts payable under added reparation benefits may be
duplicative of benefits received from collateral source benefits, or may provide for
reasonable waiting periods, deductibles or coinsurance provision. The added
reparation obligor shall be subrogated, subject to KRS 304.39-070 and 304.39-300,
to the injured person's right of recovery against any responsible third party. (3) If the injured person, or injured persons, is entitled to damages under KRS 304.39- 060 from the liability insurer of a second person, a self-insurer or an obligated
government, collection of such damages shall have priority over the rights of the
subrogee for its reimbursement of basic or added reparation benefits paid to or in
behalf of such injured person or persons. (4) Basic reparation insurers shall make available upon request deductibles in the amounts of two hundred fifty dollars ($250), five hundred dollars ($500) and one
thousand dollars ($1,000) from all basic reparation benefits otherwise payable,
except that if two (2) or more basic reparation insureds to whom the deductible is
applicable under the contract of insurance are injured in the same accident, the
aggregate amount of the deductible applicable to all of them shall not exceed the
specified deductible, which amount where necessary shall be allocated equally
among them. Any person who is a basic reparation insured under an insurance
policy issued with no deductible or with a deductible of a lesser amount than that
under which he receives basic reparation benefits payments, shall be entitled to be
paid under such policy the difference between the benefits he is actually paid and
the benefits which would have been paid had his benefits been payable under such
policy. (5) Reparation obligors shall make available upon request to those persons who have rejected their tort limitations, in accordance with KRS 304.39-060(4), basic
reparation benefits coverage and added reparation benefits. Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 215, sec. 3, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385, sec. 14, effective July 1, 1975.
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