KRS 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 mot or

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 w ith 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:

1. A spouse or other relative of a named insured; and

2. A minor in the custody of a named i nsured 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 surviv or's replacement services loss. Noneconomic detriment is not loss.

However, economic loss is loss although caused by pain and suffering or physical

impairment.

(a) 1. "Medical expense" means reasonable charges incurred for reasonably

needed products, servi ces, 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 five thousand dollars

($5,000) 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 c are is medically required. "Medical

expense" shall include all healing arts professions licensed by the

Commonwealth of Kentucky.

2. a. A medical expense paid by a reparation obligor or its third -party

administrator pursuant to this subtitle shall not:

i. Except as provided in subpart ii. of this subdivision, exceed

the maximum fee allowed or listed for that expense on the

relevant schedule of fees established pursuant to KRS

342.035 that is in effect at the time the medical expense is

incurred; or

ii. Be l ess than the maximum fee allowed or listed for that

expense on the relevant schedule of fees established pursuant

to KRS 342.035 that is in effect on July 15, 2026.

Other requirements, terms, or conditions imposed under or

associated with the relevant sch edule of fees established pursuant

to KRS 342.035 shall not apply to this subtitle.

b. Subdivision a. of this subparagraph shall not be construed as

making basic reparation benefits or added reparation benefits

primary.

3. Solely for the purpose of basic r eparation benefits and added reparation

benefits, there shall be a presumption that any medical expense

submitted in accordance with this paragraph is reasonable.

(b) "Work loss" means loss of income from work the injured person would

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;

(6) "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;

(7) "Motor vehicle" means any vehicle which transports persons or property upon the

public highways of the Commonwealth, propelled by oth er 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 p ersons 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 or an electric low -speed scooter as

defined in KRS 189.010;

(8) "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;

(9) "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; and

(17) "Security" means any continuing undertaking complying with this subtitle, for

payment of tort liabilities, bas ic reparation benefits, and all other obligations

imposed by this subtitle.