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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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