Loss of use of a motor vehicle, regardless of the type of use, shall be recognized as an element of damage in any property damage liability claim. Such a claim for loss of use of a motor vehicle shall be limited to reasonable and necessary expenses for the time necessary to repair or replace the motor vehicle.
Effective: July 15, 1988

Terms Used In Kentucky Statutes 304.39-115

  • 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 survivor's replacement services loss. See Kentucky Statutes 304.39-020
  • Motor vehicle: means any vehicle which transports persons or property upon the public highways of the Commonwealth, propelled by other 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 persons 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. See Kentucky Statutes 304.39-020
  • Use of a motor vehicle: means any utilization of the motor vehicle as a vehicle including occupying, entering into, and alighting from it. See Kentucky Statutes 304.39-020

History: Created 1988 Ky. Acts ch. 18, sec. 1, effective July 15, 1988.

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