KRS 304.39-060: Acceptance or rejection of partial abolition of tort liability --

Exceptions.

(1) Any person who registers, operates, maintains or uses a motor vehicle on the public

roadways of this Commonwealth shall, as a condition of such registration,

operation, maintenance or use of such motor vehicle and use of the public

roadways, be deemed to have accepted the provisions of this subtitle, and in

particular those provisions which are contained in this section.

(2) (a) Tort liability with respect to accidents occurring in this Commonwealth and

arising from the ownership, maintenance, or use of a motor vehicle is

"abolished" for damages because of bodily injury, sickness or disease to the

extent the basic reparation benefits provided in this subtitle are payabl e

therefor, or that would be payable but for any deductible authorized by this

subtitle, under any insurance policy or other method of security complying

with the requirements of this subtitle, except to the extent noneconomic

detriment qualifies under paragraph (b) of this subsection.

(b) In any action of tort brought against the owner, registrant, operator or

occupant of a motor vehicle with respect to which security has been provided

as required in this subtitle, or against any person or organization leg ally

responsible for his or her acts or omissions, a plaintiff may recover damages

in tort for pain, suffering, mental anguish and inconvenience because of bodily

injury, sickness or disease arising out of the ownership, maintenance,

operation or use of su ch motor vehicle only in the event that the benefits

which are payable for such injury as "medical expense" or which would be

payable but for any exclusion or deductible authorized by this subtitle exceed

one thousand dollars ($1,000), or the injury or dis ease consists in whole or in

part of permanent disfigurement, a fracture to a bone, a compound,

comminuted, displaced or compressed fracture, loss of a body member,

permanent injury within reasonable medical probability, permanent loss of

bodily function o r death. Any person who is entitled to receive free medical

and surgical benefits shall be deemed in compliance with the requirements of

this subsection upon a showing that the medical treatment received has an

equivalent value of at least one thousand dollars ($1,000).

(c) Tort liability is not so limited for injury to a person who is not an owner,

operator, maintainer or user of a motor vehicle within subsection (1) of this

section, nor for injury to the passenger of a motorcycle arising out of the

maintenance or use of such motorcycle.

(3) For purposes of this section and the provisions on reparation obligor's rights of

reimbursement, subrogation, and indemnity, a person does not intentionally cause

harm merely because his or her act or failure to act is intentional or done with the

realization that it creates a grave risk of harm.

(4) Any person may refuse to consent to the limitations of his or her tort rights and

liabilities as contained in this section. Such rejection must be completed in writing

or el ectronically in a form to be prescribed by the Department of Insurance and

must have been executed and filed with the department at a time prior to any motor

vehicle accident for which such rejection is to apply. Such rejection form shall

affirmatively state in bold print that acceptance of this form of insurance denies the

applicant the right to sue a negligent motorist unless certain requirements contained

in the policy of insurance are met. Rejection by a person who is under legal

disability shall be mad e on behalf of such person by his or her legal guardian,

conservator, or natural parent. The failure of such guardian or a natural parent of a

person under legal disability to file a rejection, within six (6) months from the date

that this subtitle would o therwise become applicable to such person, shall be

deemed to be an affirmative acceptance of all provisions of this subtitle. Provided,

however, any person who, at the time of an accident, does not have basic reparation

insurance but has not formally reje cted such limitations of his or her tort rights and

liabilities and has at such time in effect security equivalent to that required by KRS

304.39-110 shall be deemed to have fully rejected such limitations within meaning

of this section for that accident only.

(5) (a) Any rejection must be filed with the Department of Insurance and shall

become effective on the date of its filing until revoked. Nothing in this section

shall require a new rejection to be filed for each new motor vehicle policy

issued;

(b) Any rejection filed prior to June 30, 1980, shall be deemed to be effective

from the date of its filing until revoked; and

(c) Any revocation shall be in writing and shall become effective upon the date of

its filing with the Department of Insurance.

(6) Every insurance company when issuing an automobile policy to a resident of this

Commonwealth must inform the buyer in writing in a form to be prescribed by the

insurance commissioner of his or her right to reject the limitations of the tort rights

and liabilities under this subtitle in the manner provided in subsections (4) and (7)

of this section.

(7) Any rejection shall result in the full retention by the individual of his or her tort

rights and tort liabilities. Any person injured by a motor vehicle operato r who has

such rejection on file may claim the full damages, including nonpecuniary damages,

or, if such injured person has not rejected his or her own tort limitations, he or she

may also claim basic reparation benefits from the appropriate security on the vehicle

as established under KRS 304.39 -050. If such provider of security is other than the

one providing security for the operator who has rejected the limitations, such

provider shall be subrogated to the rights of the injured person to the extent of

reparation benefits paid against the owner and operator of the vehicle.

(8) No person who has rejected the tort limitations under this section, except as

provided in subsection (9) of this section or KRS 304.39 -140(5), may collect basic

reparation benefits.

(9) Any owner or operator of a motorcycle, as defined in Kentucky Revised Statutes,

may file a rejection as described in subsections (4) and (5) of this section, which

will apply solely to the ownership and operation of a motorcycle but will not apply

to injury resulting from the ownership, operation or use of any other type of motor

vehicle.