{"data":{"id":"us-ky/krs-304.39-020","jurisdiction":"us-ky","citation":"KRS 304.39-020","heading":"Definitions for subtitle.","body":"As used in this subtitle:\n(1) \"Added reparation benefits\" mean benefits provided by optional added reparation\ninsurance;\n(2) \"Basic reparation benefits\" mean benefits providing reimbursement for net loss\nsuffered through injury arising out of the operation, maintenance, or use of a mot or\nvehicle, subject, where applicable, to the limits, deductibles, exclusions,\ndisqualifications, and other conditions provided in this subtitle. The maximum\namount of basic reparation benefits payable for all economic loss resulting from\ninjury to any one  (1) person as the result of one (1) accident shall be ten thousand\ndollars ($10,000), regardless of the number of persons entitled to such benefits or\nthe number of providers of security obligated to pay such benefits. Basic reparation\nbenefits consist of one (1) or more of the elements defined as \"loss\";\n(3) \"Basic reparation insured\" means:\n(a) A person identified by name as an insured in a contract of basic reparation\ninsurance complying with this subtitle; and\n(b) While residing in the same household w ith a named insured, the following\npersons not identified by name as an insured in any other contract of basic\nreparation insurance complying with this subtitle:\n1. A spouse or other relative of a named insured; and\n2. A minor in the custody of a named i nsured or of a relative residing in\nthe same household with the named insured if he usually makes his\nhome in the same family unit, even though he temporarily lives\nelsewhere;\n(4) \"Injury\" and \"injury to person\" mean bodily harm, sickness, disease, or death;\n(5) \"Loss\" means accrued economic loss consisting only of medical expense, work\nloss, replacement services loss, and, if injury causes death, survivor's economic loss\nand surviv or's replacement services loss. Noneconomic detriment is not loss.\nHowever, economic loss is loss although caused by pain and suffering or physical\nimpairment.\n(a) 1. \"Medical expense\" means reasonable charges incurred for reasonably\nneeded products, servi ces, and accommodations, including those for\nmedical care, physical rehabilitation, rehabilitative occupational\ntraining, licensed ambulance services, and other remedial treatment and\ncare. \"Medical expense\" may include non -medical remedial treatment\nrendered in accordance with a recognized religious method of healing.\nThe term includes a total charge not in excess of five thousand dollars\n($5,000) per person for expenses in any way related to funeral,\ncremation, and burial. It does not include that portion  of a charge for a\nroom in a hospital, clinic, convalescent or nursing home, or any other\ninstitution engaged in providing nursing care and related services, in\nexcess of a reasonable and customary charge for semi -private\naccommodations, unless intensive c are is medically required. \"Medical\nexpense\" shall include all healing arts professions licensed by the\nCommonwealth of Kentucky.\n2. a. A medical expense paid by a reparation obligor or its third -party\nadministrator pursuant to this subtitle shall not:\ni. Except as provided in subpart ii. of this subdivision, exceed\nthe maximum fee allowed or listed for that expense on the\nrelevant schedule of fees established pursuant to KRS\n342.035 that is in effect at the time the medical expense is\nincurred; or\nii. Be l ess than the maximum fee allowed or listed for that\nexpense on the relevant schedule of fees established pursuant\nto KRS 342.035 that is in effect on July 15, 2026.\nOther requirements, terms, or conditions imposed under or\nassociated with the relevant sch edule of fees established pursuant\nto KRS 342.035 shall not apply to this subtitle.\nb. Subdivision a. of this subparagraph shall not be construed as\nmaking basic reparation benefits or added reparation benefits\nprimary.\n3. Solely for the purpose of basic r eparation benefits and added reparation\nbenefits, there shall be a presumption that any medical expense\nsubmitted in accordance with this paragraph is reasonable.\n(b) \"Work loss\" means loss of income from work the injured person would\nprobably have performed if he had not been injured, and expenses reasonably\nincurred by him in obtaining services in lieu of those he would have\nperformed for income, reduced by any income from substitute work actually\nperformed by him.\n(c) \"Replacement services loss\" means expenses reasonably incurred in obtaining\nordinary and necessary services in lieu of those the injured person would have\nperformed, not for income but for the benefit of himself or his family, if he\nhad not been injured.\n(d) \"Survivor's economic loss\" means loss after decedent's death of contributions\nof things of economic value to his survivors, not including services they\nwould have received from the decedent if he had not suffered the fatal injury,\nless expenses of the survivors avoided by reason of decedent's death.\n(e) \"Survivor's replacement services loss\" means expenses reasonably incurred by\nsurvivors after decedent's death in obtaining ordinary and necessary services\nin lieu of those the decedent would have performed for their benefit if he had\nnot suffered the fatal injury, less expenses of the survivors avoided by reason\nof the decedent's death and not subtracted in calculating survivor's economic\nloss;\n(6) \"Use of a motor vehicle\" means any utilization of the motor vehicle as a vehicle\nincluding occupying, entering into, and alighting from it. It does not include:\n(a) Conduct within the course of a business of repairing, servicing, or otherwise\nmaintaining motor vehicles unless the conduct occurs off the business\npremises; or\n(b) Conduct in the course of loading and unloading the vehicle unless the conduct\noccurs while occupying, entering into, or alighting from it;\n(7) \"Motor vehicle\" means any vehicle which transports persons or property upon the\npublic highways of the Commonwealth, propelled by oth er than muscular power\nexcept road rollers, road graders, farm tractors, vehicles on which power shovels\nare mounted, such other construction equipment customarily used only on the site\nof construction and which is not practical for the transportation of p ersons or\nproperty upon the highways, such vehicles as travel exclusively upon rails, and such\nvehicles as are propelled by electrical power obtained from overhead wires while\nbeing operated within any municipality or where said vehicles do not travel more\nthan five (5) miles beyond the said limits of any municipality. \"Motor vehicle\" shall\nnot mean moped as defined in this section or an electric low -speed scooter as\ndefined in KRS 189.010;\n(8) \"Moped\" means either a motorized bicycle whose frame design may include one (1)\nor more horizontal crossbars supporting a fuel tank so long as it also has pedals, or\na motorized bicycle with a step -through type frame which may or may not have\npedals rated no more than two (2) brake horsepower, a cylinder capacity not\nexceeding fifty (50) cubic centimeters, an automatic transmission not requiring\nclutching or shifting by the operator after the drive system is engaged, and capable\nof a maximum speed of not more than thirty (30) miles per hour;\n(9) \"Public roadway\" means a way open to the use of the public for purposes of motor\nvehicle travel;\n(10) \"Net loss\" means loss less benefits or advantages, from sources other than basic and\nadded reparation insurance, required to be subtracted from loss in calculating net\nloss;\n(11) \"Noneconomic detriment\" means pain, suffering, inconvenience, physical\nimpairment, and other nonpecuniary damages recoverable under the tort law of this\nCommonwealth. The term does not include punitive or exemplary damages;\n(12) \"Owner\" means a person, other than a lienholder or secured party, who owns or has\ntitle to a motor vehicle or is entitled to the use and possession of a motor vehicle\nsubject to a security interest held by another person. The term does not include a\nlessee under a lease not intended as security;\n(13) \"Reparation obligor\" means an insurer, self -insurer, or obligated government\nproviding basic or added reparation benefits under this subtitle;\n(14) \"Survivor\" means a person identified in KRS 411.130 as one entitled to receive\nbenefits by reason of the death of another person;\n(15) A \"user\" means a person who resides in a household in which any person owns or\nmaintains a motor vehicle;\n(16) \"Maintaining a motor vehicle\" means having legal custody, possession or\nresponsibility for a motor vehicle by one other than an owner or operator; and\n(17) \"Security\" means any continuing undertaking complying with this subtitle, for\npayment of tort liabilities, bas ic reparation benefits, and all other obligations\nimposed by this subtitle.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57854","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:57Z","sha256":"1678bece4b9100aae5e56ded0a3bff34e9b8ef80d2f760e8566aa3854be2e9da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.39-010","next":"us-ky/krs-304.39-030"},"notice":"GroundRules: Original legal text. Not legal advice."}