{"data":{"id":"us-ky/krs-367.361","jurisdiction":"us-ky","citation":"KRS 367.361","heading":"Definitions for section -- Prohibition against motor vehicle glass repair","body":"shop offering inducement to insured or insurance provider -- Requirements for\ncontract for repair or replacement of damaged motor vehicle glass -- Fees --\nProhibited actions -- Civil action -- Remedies.\n(1) As used in this section:\n(a) The following have the same meaning as in KRS 304.20-060:\n1. \"Advanced driver assistance system\";\n2. \"Motor vehicle glass\";\n3. \"Motor vehicle glass repair shop\";\n4. \"Person\"; and\n5. \"Repair or replacement of damaged motor vehicle glass\"; and\n(b) \"Insured\" means a person that:\n1. Has made a first -party claim for a repair or replacement of damaged\nmotor vehicle glass under a motor vehicle insurance policy; and\n2. Is entitled to insurance benefits or payments as a result of the claim\nreferenced under subparagraph 1. of this paragraph.\n(2) A motor vehicle glass repair shop, or any other person who is compensated for the\nsolicitation of insurance claims, shall not offer a rebate, gift, gift card, cash, coupon,\nfee, prize, bonus, payment, incentive, inducement, or any other thing of valu e to\nany insured, insurance producer as defined in KRS 304.9 -020, or other person in\nexchange for directing or making a claim under a motor vehicle insurance policy\nfor a repair or replacement of damaged motor vehicle glass.\n(3) A motor vehicle glass repai r shop shall not contract with a person for a repair or\nreplacement of damaged motor vehicle glass until:\n(a) All of the following are satisfied:\n1. The person has made a first -party claim for the repair or replacement of\ndamaged motor vehicle glass under a motor vehicle insurance policy;\n2. The motor vehicle glass repair shop has received a claim or referral\nnumber for the claim referenced under subparagraph 1. of this\nparagraph; and\n3. The requirements of subsection (4) of this section are satisfied; or\n(b) The person either:\n1. States, in writing, that the person does not have first -party motor vehicle\ninsurance coverage for the repair or replacement of damaged motor\nvehicle glass; or\n2. Declines, in writing, to make a first -party claim for the repair or\nreplacement of damaged motor vehicle glass under a motor vehicle\ninsurance policy.\n(4) Prior to contracting with an insured for a repair or replacement of damaged motor\nvehicle glass, a motor vehicle glass repair shop shall:\n(a) Notify the insured:\n1. Whether the motor vehicle has an advanced driver assistance system;\n2. If the motor vehicle has an advanced driver assistance system:\na. Whether calibration or recalibration of the motor vehicle's\nadvanced driver assistance system is required to:\ni. Make the advanced driver assistance system operable; and\nii. Ensure that the repair or replacement of damaged motor\nvehicle glass is performed in a manner that meets the motor\nvehicle manufacturer's specifications;\nb. Whether the motor vehicle glass repair shop can calibrate or\nrecalibrate the advanced driver assistance system in a manner that\nmeets the motor vehicle manufacturer's specifications; and\nc. If the motor vehicle glass repair shop is not capable of performing\na calibration or recalibration referenced in s ubdivision b. of this\nsubparagraph, that the motor vehicle should be taken to the vehicle\nmanufacturer's certified dealership or a qualified specialist capable\nof performing the calibration or recalibration; and\n3. If calibration or recalibration of the mo tor vehicle's advanced driver\nassistance system is performed, that the motor vehicle glass repair shop\nwill provide written notice to the insured:\na. As to whether the calibration or recalibration was successful; and\nb. If the calibration or recalibration was not successful, that the motor\nvehicle should be taken to the vehicle manufacturer's certified\ndealership or a qualified specialist capable of performing the\ncalibration or recalibration; and\n(b) Provide the insured an invoice, which shall, at a minimum, include:\n1. An estimate of the fees and costs that are anticipated to be charged to the\ninsured by the motor vehicle glass repair shop for the repair or\nreplacement of damaged motor vehicle glass;\n2. The shop's standard fees and costs for a repair or replacement of\ndamaged motor vehicle glass; and\n3. Notice that the motor vehicle glass repair shop is prohibited under\nsubsection (5)(a) of this section from charging higher fees and costs to\nan insured fo r a repair or replacement of damaged motor vehicle glass\nthan are reasonable and customarily charged in Kentucky.\n(5) A motor vehicle glass repair shop:\n(a) Shall not charge higher fees and costs to an insured for a repair or replacement\nof damaged motor v ehicle glass than are reasonable and customarily charged\nin Kentucky;\n(b) Upon completion of a repair or replacement of damaged motor vehicle glass,\nshall provide an insured:\n1. A receipt; and\n2. For any calibration or recalibration of an advanced driver a ssistance\nsystem, a notice that states whether the advanced driver assistance\nsystem is in working order; and\n(c) Shall not knowingly:\n1. Submit false, misleading, or incomplete documentation or information\nto an insured or an insured's insurer, including any agent of the insured\nor insurer, for a repair or replacement of damaged motor vehicle glass;\n2. With respect to an insured's claim, or potential claim, for a repair or\nreplacement of damaged motor vehicle glass, do the following, which\nresults, or woul d result, in a higher insurance payment or a change of\ninsurance coverage status:\na. Indicate that work was performed in a geographical area that was\nnot the geographical area where the work occurred; or\nb. Advise an insured to falsify the date of damage;\n3. Falsely sign a work order or other insurance -related form relating to an\ninsured's claim, or potential claim, for a repair or replacement of\ndamaged motor vehicle glass;\n4. Misrepresent to an insured or the insured's insurer, including any agent\nof the insured or insurer, the price of a proposed repair or replacement of\ndamaged motor vehicle glass;\n5. State that an insured's insurer has approved a repair or replacement of\ndamaged motor vehicle glass without:\na. Verifying coverage directly with, or obtain ing approval directly\nfrom, the insurer or the insurer's agent; and\nb. Obtaining confirmation of the coverage or approval by facsimile,\nemail, or other written or recorded communication;\n6. State that a repair or replacement of damaged motor vehicle glass will\nbe paid for entirely by an insurer and at no cost to the insured unless the\ncoverage has been verified by the insurer or the insurer's agent; or\n7. With respect to an insured's claim, or potential claim, for a repair or\nreplacement of damaged motor vehicle glass:\na. Damage, or encourage an insured to damage, the motor vehicle in\norder to increase the scope of the repair or replacement of\ndamaged motor vehicle glass;\nb. Perform work that is clearly and substantially beyond the level of\nwork necessary to restore the motor vehicle to a safe pre -damaged\ncondition in accordance with accepted or approved reasonable and\ncustomary techniques for the repair or replacement of damaged\nmotor vehicle glass; or\nc. Misrepresent the motor vehicle glass repair shop's re lationship to\nan insurer or the insurer's agent.\n(6) It may be presumed that a motor vehicle glass repair shop is acting knowingly in\nviolation of subsection (5)(c) of this section if the motor vehicle glass repair shop\nengages in a regular and consistent pattern of the prohibited activity.\n(7) Any notice or invoice required under this section shall be in at least twelve (12)\npoint font.\n(8) (a) An insurer or insured may institute an action in any court of competent\njurisdiction against any motor vehicle gl ass repair shop or other person\nalleged to have violated this section.\n(b) In any action brought under this subsection, if the court finds that the motor\nvehicle glass repair shop or other person has violated this section, the plaintiff\nmay:\n1. Obtain an injunction to enjoin a continuance of any act in violation of\nthis section;\n2. Recover damages at two (2) times the amount of any actual economic\ndamages sustained; and\n3. Be awarded reasonable attorney's fees and costs.\n(c) It shall not be necessary that actual damages be alleged or proved in order to\nrecover injunctive relief or attorney's fees and costs.\n(9) All of the remedies, powers, and duties delegated to the Attorney General by KRS\n367.110 to 367.300, and the penalties provided in KRS 367.990, pertaining to acts\nand practices declared unlawful by KRS 367.170, shall apply w ith equal force and\neffect to acts and practices declared unlawful in this section.\n(10) (a) The remedies and penalties prescribed in this section shall be cumulative.\n(b) Nothing in this section shall be construed to limit or restrict the powers,\nduties, remedies, or penalties available to the Attorney General, the\nCommonwealth, or any other person under any other statutory or common\nlaw.\n(11) The Attorney General may promulgate any administrative regulations necessary to\neffectuate, or as an aid to the effectuation of, the proper enforcement of this section.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54465","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"4f35ba9b52daeabfc1a928476f01ab65961f5d252fc068bc85c473f01b1d3b8e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.360","next":"us-ky/krs-367.3611"},"notice":"GroundRules: Original legal text. Not legal advice."}