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304.39-020 Definitions for subtitle.
As used in this subtitle:
(1) "Added reparation benefits" mean benefits provided by optional added
reparation insurance.
(2) "Basic reparation benefits" mean benefits providing reimbursement for net loss
suffered through injury arising out of the operation, maintenance, or use of a
motor vehicle, subject, where applicable, to the limits, deductibles, exclusions,
disqualifications, and other conditions provided in this subtitle. The maximum
amount of basic reparation benefits payable for all economic loss resulting from
injury to any one (1) person as the result of one (1) accident shall be ten
thousand dollars ($10,000), regardless of the number of persons entitled to
such benefits or the number of providers of security obligated to pay such
benefits. Basic reparation benefits consist of one (1) or more of the elements
defined as "loss."
(3) "Basic reparation insured" means:
(a) A person identified by name as an insured in a contract of basic
reparation insurance complying with this subtitle; and
(b) While residing in the same household with a named insured, the following
persons not identified by name as an insured in any other contract of
basic reparation insurance complying with this subtitle: a spouse or other
relative of a named insured; and a minor in the custody of a named
insured or of a relative residing in the same household with the named
insured if he usually makes his home in the same family unit, even though
he temporarily lives elsewhere.
(4) "Injury" and "injury to person" mean bodily harm, sickness, disease, or death.
(5) "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. Noneconomic
detriment is not loss. However, economic loss is loss although caused by pain
and suffering or physical impairment.
(a) "Medical expense" means reasonable charges incurred for reasonably
needed products, services, and accommodations, including those for
medical care, physical rehabilitation, rehabilitative occupational training,
licensed ambulance services, and other remedial treatment and care.
"Medical expense" may include non-medical remedial treatment rendered
in accordance with a recognized religious method of healing. The term
includes a total charge not in excess of one thousand dollars ($1,000) per
person for expenses in any way related to funeral, cremation, and burial.
It does not include that portion of a charge for a room in a hospital, clinic,
convalescent or nursing home, or any other institution engaged in
providing nursing care and related services, in excess of a reasonable
and customary charge for semi-private accommodations, unless intensive
care is medically required. Medical expense shall include all healing arts
professions licensed by the Commonwealth of Kentucky. There shall be a
presumption that any medical bill submitted is reasonable.
(b) "Work loss" means loss of income from work the injured person would
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probably have performed if he had not been injured, and expenses
reasonably incurred by him in obtaining services in lieu of those he would
have performed for income, reduced by any income from substitute work
actually performed by him.
(c) "Replacement services loss" means expenses reasonably incurred in
obtaining ordinary and necessary services in lieu of those the injured
person would have performed, not for income but for the benefit of himself
or his family, if he had not been injured.
(d) "Survivor's economic loss" means loss after decedent's death of
contributions of things of economic value to his survivors, not including
services they would have received from the decedent if he had not
suffered the fatal injury, less expenses of the survivors avoided by reason
of decedent's death.
(e) "Survivor's replacement services loss" means expenses reasonably
incurred by survivors after decedent's death in obtaining ordinary and
necessary services in lieu of those the decedent would have performed
for their benefit if he had not suffered the fatal injury, less expenses of the
survivors avoided by reason of the decedent's death and not subtracted in
calculating survivor's economic loss.
"Use of a motor vehicle" means any utilization of the motor vehicle as a vehicle
including occupying, entering into, and alighting from it. It does not include:
(a) Conduct within the course of a business of repairing, servicing, or
otherwise maintaining motor vehicles unless the conduct occurs off the
business premises; or
(b) Conduct in the course of loading and unloading the vehicle unless the
conduct occurs while occupying, entering into, or alighting from it.
"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. Motor vehicle shall not mean moped as defined in this section.
"Moped" means either a motorized bicycle whose frame design may include
one (1) or more horizontal crossbars supporting a fuel tank so long as it also
has pedals, or a motorized bicycle with a step-through type frame which may or
may not have pedals rated no more than two (2) brake horsepower, a cylinder
capacity not exceeding fifty (50) cubic centimeters, an automatic transmission
not requiring clutching or shifting by the operator after the drive system is
engaged, and capable of a maximum speed of not more than thirty (30) miles
per hour.
"Public roadway" means a way open to the use of the public for purposes of
motor vehicle travel.
(10) "Net loss" means loss less benefits or advantages, from sources other than
basic and added reparation insurance, required to be subtracted from loss in
calculating net loss.
(11) "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damages recoverable under the tort law of
this Commonwealth. The term does not include punitive or exemplary
damages.
(12) "Owner" means a person, other than a lienholder or secured party, who owns
or has title to a motor vehicle or is entitled to the use and possession of a
motor vehicle subject to a security interest held by another person. The term
does not include a lessee under a lease not intended as security.
(13) "Reparation obligor" means an insurer, self-insurer, or obligated government
providing basic or added reparation benefits under this subtitle.
(14) "Survivor" means a person identified in KRS 411.130 as one entitled to receive
benefits by reason of the death of another person.
(15) A "user" means a person who resides in a household in which any person
owns or maintains a motor vehicle.
(16) "Maintaining a motor vehicle" means having legal custody, possession or
responsibility for a motor vehicle by one other than an owner or operator.
(17) "Security" means any continuing undertaking complying with this subtitle, for
payment of tort liabilities, basic reparation benefits, and all other obligations
imposed by this subtitle.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 343, sec. 17, effective July 14, 2000. -Amended 1982 Ky. Acts ch. 194, sec. 6, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 215, sec. 1, effective June 17, 1978; and ch. 349, sec. 12,
effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385, sec. 2, effective July
1, 1975.
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