Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-040 (2026)

Obligation to pay basic reparation benefits -- Requirement of option for

✓ current as of May 2026

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motorcycle coverage in liability contracts -- Exclusion of motorcycle operator or passenger who has not purchased optional coverage.

(1) Basic reparation benefits shall be paid without regard to fault.

(2) Basic reparation obligors and the assigned claims plan shall pay basic reparation benefits, under the terms and conditions stated in this subtitle, for loss from injury arising out of maintenance or use of a motor vehicle. This obligation exists without regard to immunity from liability or suit which might otherwise be applicable.

(3) Every insurer writing liability insurance coverage for motorcycles in this Commonwealth shall make available for purchase as a part of every policy of insurance covering the ownership, use, and operation of motorcycles the option of basic reparations benefits, added reparations benefits, uninsured motorist, and underinsured motorist coverages.

(4) Notwithstanding any other provisions of this subtitle, no operator or passenger on a motorcycle is entitled to basic reparation benefits from any source for injuries arising out of the maintenance or use of such a motorcycle unless such reparation benefits have been purchased as optional coverage for the motorcycle or by the individual so injured. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 567, sec. 1, effective July 15, 1998. -- Amended 1976 Ky. Acts ch. 75, sec. 1 effective March 29, 1976. -- Created 1974 Ky. Acts ch. 385, sec. 4, effective July 1, 1975.

Notes of Decisions

Cited in 32 cases (5 in the last 5 years), 1979–2023 · leading case: Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987).

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Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987). · cites it 4× “The decision of the Court of Appeals should be affirmed because the plain literal language of KRS 304.39-040(3) of the No Fault Act excludes operators and passengers on motorcycles from receiving basic reparations benefits unless optional coverage has been purchased.”

Coots v. Allstate Ins. Co., 853 S.W.2d 895 (Ky. 1993). · cites it 2× “39-030), automobile insurers must provide basic reparation benefits ("BRB") which "shall be paid without regard to fault" (KRS 304.39-040(1)); and, (3) For compulsory tort liability insurance (KRS 304.”

Milby v. Wright, 952 S.W.2d 202 (Ky. 1997). · cites it 3× “39-230(6), and that neither KRS 304.39-040(2) nor KRS 413.270 provided additional time in which to file.”

City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006). · cites it 4× “Owen's vehicle was insured by Appellee, State Farm Mutual Automobile Insurance Company, which paid basic reparation benefits (BRB) to Owen pursuant to KRS 304.39-040 and the terms of its policy.”

Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001). · cites it 2× “KRS 304.39-040(4). 25 .The form was entitled "Kentucky No-Fault Rejection Form.”

Gov't Emps. Ins. Co. v. Sanders, 569 S.W.3d 923 (Mo. Ct. App. 2018). “Pursuant to KRS 304.39-040 (4), an operator or passenger on a motorcycle is not entitled to BRB unless BRB has been purchased as optional coverage.”

Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000). · cites it 2× “1968), which had held that a cancellation statute similar to KRS 304.39-040 superseded its rescission statute.”

State Farm Mut. Auto. Ins. Co. v. Roniesha Adams F/K/A Roniesha Sanders, 526 S.W.3d 63 (Ky. 2017). “” KRS 304.39-040(2). Subject to certain exceptions, BRB are payable monthly unless a reparation obli-gor rejects the claim and gives written notice with an explanation for rejection.”

Kentucky Farm Bureau Mut. Ins. Co. v. Hall, 807 S.W.2d 954 (Ky. Ct. App. 1991). · cites it 2× “39-030(1) provides in pertinent part, "If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits.”

Nationwide Mut. Ins. v. State Farm Auto. Ins., 973 S.W.2d 56 (Ky. 1998). · cites it 2× “39-020(2); KRS 304.39-040(1). Nationwide sought to recover $50,000, the entire amount of its substitution, from State Farm, but instead was allowed only the amount awarded by the jury in excess of Nationwide's BRB liability$16,683.”

Hughes & Coleman, Pllc v. Ann Clark Chambers of the Est. of James W. Chambers, 526 S.W.3d 70 (Ky. 2017). “KRS 304.39-040. Loss is also defined: it means “accrued economic loss consisting only of medical expense, work loss, [and] replacement services loss.”

Capital Enter. Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 804 S.W.2d 377 (Ky. Ct. App. 1991). · cites it 2× “Indeed, KRS 304.39-040(1) specifically provides that BRB shall be paid without regard to fault.”

Show all 32 citing cases →

— Ky. Rev. Stat. § 304.39-040(1) — 9 cases

Coots v. Allstate Ins. Co., 853 S.W.2d 895 (Ky. 1993). “39-030), automobile insurers must provide basic reparation benefits ("BRB") which "shall be paid without regard to fault" (KRS 304.39-040(1)); and, (3) For compulsory tort liability insurance (KRS 304.”

Nationwide Mut. Ins. v. State Farm Auto. Ins., 973 S.W.2d 56 (Ky. 1998). “39-020(2); KRS 304.39-040(1). Nationwide sought to recover $50,000, the entire amount of its substitution, from State Farm, but instead was allowed only the amount awarded by the jury in excess of Nationwide's BRB liability$16,683.”

Capital Enter. Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 804 S.W.2d 377 (Ky. Ct. App. 1991). “Indeed, KRS 304.39-040(1) specifically provides that BRB shall be paid without regard to fault.”

France v. Kentucky Farm Bureau Mut. Ins. Co., 605 S.W.2d 773 (Ky. Ct. App. 1980).

Lafferty v. United States, 880 F. Supp. 1121 (E.D. Ky. 1995).

— Ky. Rev. Stat. § 304.39-040(13) — 2 cases

Allstate Ins. Co. v. Smith, 487 S.W.3d 857 (Ky. 2016).

— Ky. Rev. Stat. § 304.39-040(2) — 9 cases

Milby v. Wright, 952 S.W.2d 202 (Ky. 1997). “39-230(6), and that neither KRS 304.39-040(2) nor KRS 413.270 provided additional time in which to file.”

Kentucky Farm Bureau Mut. Ins. Co. v. Hall, 807 S.W.2d 954 (Ky. Ct. App. 1991). “39-030(1) provides in pertinent part, "If the accident causing injury occurs in this Commonwealth every person suffering loss from injury arising out of maintenance or use of a motor vehicle has a right to basic reparation benefits.”

Com. Union Assurance Companies v. Howard, 637 S.W.2d 647 (Ky. 1982).

Bartlett v. Prime Ins. Syndicate, Inc., 156 S.W.3d 299 (Ky. Ct. App. 2004).

— Ky. Rev. Stat. § 304.39-040(3) — 5 cases

Troxell v. Trammell, 730 S.W.2d 525 (Ky. 1987). “The decision of the Court of Appeals should be affirmed because the plain literal language of KRS 304.39-040(3) of the No Fault Act excludes operators and passengers on motorcycles from receiving basic reparations benefits unless optional coverage has been purchased.”

City of Louisville v. State Farm Mut. Auto. Ins. Co., 194 S.W.3d 304 (Ky. 2006). “Owen's vehicle was insured by Appellee, State Farm Mutual Automobile Insurance Company, which paid basic reparation benefits (BRB) to Owen pursuant to KRS 304.39-040 and the terms of its policy.”

Kentucky Farm Bureau Mut. Ins. Co. v. Mason, 600 S.W.2d 483 (Ky. Ct. App. 1980).

Wright v. State Farm Mut. Auto. Ins. Co. (W.D. Ky. 2022).

Miller v. Barr, 737 S.W.2d 182 (Ky. Ct. App. 1987).

— Ky. Rev. Stat. § 304.39-040(4) — 1 case

Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001). “KRS 304.39-040(4). 25 .The form was entitled "Kentucky No-Fault Rejection Form.”

— Ky. Rev. Stat. § 304.39-040(l) — 1 case

Midwest Mut. Ins. Co. v. Wireman, 54 S.W.3d 177 (Ky. Ct. App. 2001). “KRS 304.39-040(4). 25 .The form was entitled "Kentucky No-Fault Rejection Form.”

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