{"data":{"id":"us-ky/krs-304.39-060","jurisdiction":"us-ky","citation":"KRS 304.39-060","heading":"Acceptance or rejection of partial abolition of tort liability --","body":"Exceptions.\n(1) Any person who registers, operates, maintains or uses a motor vehicle on the public\nroadways of this Commonwealth shall, as a condition of such registration,\noperation, maintenance or use of such motor vehicle and use of the public\nroadways, be deemed to have accepted the provisions of this subtitle, and in\nparticular those provisions which are contained in this section.\n(2) (a) Tort liability with respect to accidents  occurring in this Commonwealth and\narising from the ownership, maintenance, or use of a motor vehicle is\n\"abolished\" for damages because of bodily injury, sickness or disease to the\nextent the basic reparation benefits provided in this subtitle are payabl e\ntherefor, or that would be payable but for any deductible authorized by this\nsubtitle, under any insurance policy or other method of security complying\nwith the requirements of this subtitle, except to the extent noneconomic\ndetriment qualifies under paragraph (b) of this subsection.\n(b) In any action of tort brought against the owner, registrant, operator or\noccupant of a motor vehicle with respect to which security has been provided\nas required in this subtitle, or against any person or organization leg ally\nresponsible for his or her acts or omissions, a plaintiff may recover damages\nin tort for pain, suffering, mental anguish and inconvenience because of bodily\ninjury, sickness or disease arising out of the ownership, maintenance,\noperation or use of su ch motor vehicle only in the event that the benefits\nwhich are payable for such injury as \"medical expense\" or which would be\npayable but for any exclusion or deductible authorized by this subtitle exceed\none thousand dollars ($1,000), or the injury or dis ease consists in whole or in\npart of permanent disfigurement, a fracture to a bone, a compound,\ncomminuted, displaced or compressed fracture, loss of a body member,\npermanent injury within reasonable medical probability, permanent loss of\nbodily function o r death. Any person who is entitled to receive free medical\nand surgical benefits shall be deemed in compliance with the requirements of\nthis subsection upon a showing that the medical treatment received has an\nequivalent value of at least one thousand dollars ($1,000).\n(c) Tort liability is not so limited for injury to a person who is not an owner,\noperator, maintainer or user of a motor vehicle within subsection (1) of this\nsection, nor for injury to the passenger of a motorcycle arising out of the\nmaintenance or use of such motorcycle.\n(3) For purposes of this section and the provisions on reparation obligor's rights of\nreimbursement, subrogation, and indemnity, a person does not intentionally cause\nharm merely because his or her act or failure to act is intentional or done with the\nrealization that it creates a grave risk of harm.\n(4) Any person may refuse to consent to the limitations of his or her tort rights and\nliabilities as contained in this section. Such rejection must be completed in writing\nor el ectronically in a form to be prescribed by the Department of Insurance and\nmust have been executed and filed with the department at a time prior to any motor\nvehicle accident for which such rejection is to apply. Such rejection form shall\naffirmatively state in bold print that acceptance of this form of insurance denies the\napplicant the right to sue a negligent motorist unless certain requirements contained\nin the policy of insurance are met. Rejection by a person who is under legal\ndisability shall be mad e on behalf of such person by his or her legal guardian,\nconservator, or natural parent. The failure of such guardian or a natural parent of a\nperson under legal disability to file a rejection, within six (6) months from the date\nthat this subtitle would o therwise become applicable to such person, shall be\ndeemed to be an affirmative acceptance of all provisions of this subtitle. Provided,\nhowever, any person who, at the time of an accident, does not have basic reparation\ninsurance but has not formally reje cted such limitations of his or her tort rights and\nliabilities and has at such time in effect security equivalent to that required by KRS\n304.39-110 shall be deemed to have fully rejected such limitations within meaning\nof this section for that accident only.\n(5) (a) Any rejection must be filed with the Department of Insurance and shall\nbecome effective on the date of its filing until revoked. Nothing in this section\nshall require a new rejection to be filed for each new motor vehicle policy\nissued;\n(b) Any rejection filed prior to June 30, 1980, shall be deemed to be effective\nfrom the date of its filing until revoked; and\n(c) Any revocation shall be in writing and shall become effective upon the date of\nits filing with the Department of Insurance.\n(6) Every insurance company when issuing an automobile policy to a resident of this\nCommonwealth must inform the buyer in writing in a form to be prescribed by the\ninsurance commissioner of his or her right to reject the limitations of the tort rights\nand liabilities under this subtitle in the manner provided in subsections (4) and (7)\nof this section.\n(7) Any rejection shall result in the full retention by the individual of his or her tort\nrights and tort liabilities. Any person injured by a motor vehicle operato r who has\nsuch rejection on file may claim the full damages, including nonpecuniary damages,\nor, if such injured person has not rejected his or her own tort limitations, he or she\nmay also claim basic reparation benefits from the appropriate security on the vehicle\nas established under KRS 304.39 -050. If such provider of security is other than the\none providing security for the operator who has rejected the limitations, such\nprovider shall be subrogated to the rights of the injured person to the extent of\nreparation benefits paid against the owner and operator of the vehicle.\n(8) No person who has rejected the tort limitations under this section, except as\nprovided in subsection (9) of this section or KRS 304.39 -140(5), may collect basic\nreparation benefits.\n(9) Any owner or operator of a motorcycle, as defined in Kentucky Revised Statutes,\nmay file a rejection as described in subsections (4) and (5) of this section, which\nwill apply solely to the ownership and operation of a motorcycle but  will not apply\nto injury resulting from the ownership, operation or use of any other type of motor\nvehicle.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30030","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:57Z","sha256":"857635babbf55c5d9952b125be48ab9a58c5c2de5efb1d8d6958b9975e34283a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.39-050","next":"us-ky/krs-304.39-070"},"notice":"GroundRules: Original legal text. Not legal advice."}