2013 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION
367.409 Business solicitation following motor vehicle accident prohibited -- Exceptions -- Penalty -- Additional sanctions by state regulating authority.


KY Rev Stat § 367.409 (2013) What's This?

Download as PDF 367.409 Business solicitation following motor vehicle accident prohibited -Exceptions -- Penalty -- Additional sanctions by state regulating authority. (1) (2) (3) (4) For the first thirty (30) days following a motor vehicle accident, a person, as that term is defined in KRS 446.010, shall not directly solicit or knowingly permit another person to directly solicit an individual, or a relative of an individual, involved in a motor vehicle accident for the provision of any service related to a motor vehicle accident. For the purposes of this section, "solicit": (a) Means to initiate communication in anticipation of financial gain or remuneration for value; and (b) Does not include: 1. Advertising directed to the general public; 2. Communications by fire, police, or emergency medical personnel dispatched to a motor vehicle accident; and 3. Communications by an insurer as defined by KRS 304.1-040, an agent as defined by KRS 304.9-020, or an adjuster licensed pursuant to Subtitle 9 of KRS Chapter 304, as those terms are defined in KRS Chapter 304, or an employee of an insurer or agent. A person who knowingly violates this section shall be subject to a one thousand dollar ($1,000) fine. In addition to the penalty provided in subsection (3) of this section: (a) A person licensed or certified by a regulating authority in Kentucky who violates this section may be sanctioned by the licensing or regulating authority; (b) Any charges owed by or on behalf of an individual involved in a motor vehicle accident for services rendered by or on or behalf of a person who violates this section shall be void; and (c) Any moneys paid by or on behalf of a victim of a motor vehicle accident for services rendered by or on behalf of a person who violates this section shall be forfeited and returned to the payor. Effective:June 8, 2011 History: Created 2011 Ky. Acts ch. 69, sec. 1, effective June 8, 2011.

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