Ky. Rev. Stat. » Chapter 304
Kentucky Revised Statutes

Ky. Rev. Stat. § 304.39-050 (2026)

Priority of applicability of security for payment of basic reparation

✓ current as of May 2026
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benefits.

(1) The basic reparation insurance applicable to bodily injury to which this subtitle applies is the security covering the vehicle occupied by the injured person at the time of the accident or, if the injured person is a pedestrian, the security covering the vehicle which struck such pedestrian. If the reparation obligor providing such insurance fails to make payment for loss within thirty (30) days after receipt of reasonable proof of the fact and the amount of loss sustained, the injured person shall be entitled to payment under any contract of basic reparation insurance under which he is a basic reparation insured and the insurer making such payments shall be entitled to full reimbursement from the reparation obligor providing the security covering the vehicle. A pedestrian, as used herein, means any person who is not making "use of a motor vehicle" at the time his injury occurs.

(2) If there is no security covering the vehicle, any contract of basic reparation insurance under which the injured person is a basic reparation insured shall apply.

(3) No person shall recover basic reparation benefits from more than one (1) reparation obligor as a result of the same accident, except as provided in KRS 304.39-140(4), nor in excess of ten thousand dollars ($10,000) as the result of the same accident. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 215, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385, sec. 5, effective July 1, 1975.

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1975–2024 · leading case: Samons v. Kentucky Farm Bureau Mut. Ins. Co., 399 S.W.3d 425 (Ky. 2013).
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Samons v. Kentucky Farm Bureau Mut. Ins. Co., 399 S.W.3d 425 (Ky. 2013). · cites it 6× “KRS 304.39-050(1) states that the “basic reparation insurance applicable to bodily injury .”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999). · cites it 6× “KRS 304.39-050(1); KRS 304.39-020(2). Second, under Appellee's construction, one without proper liability insurance would only be liable for the property damage caused by his or her vehicle if she, the owner, were found to have negligently entrusted that vehicle to the driver,…”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975). · cites it 4× “KRS 304.39-050. If there is no applicable BRB coverage, payment is made through an "assigned claims plan.”
State Farm Mut. Auto. Ins. Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993). · cites it 4× “In both of the cases at hand, the appellant, State Farm Mutual Automobile Insurance Company, had issued policies of automobile insurance including added reparation benefits over and above the basic reparation benefits mandated by KRS 304.39-050. The policies all state: Subject…”
Tucker v. Fireman's Fund Ins., 517 A.2d 730 (Md. 1986). “§§ 33-34-2 (11) (1982); Ky.Rev.Stat.Ann. § 304.39-050(1) (Bobbs-Merrill 1981); N.”
State Farm Mut. Auto. Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 671 S.W.2d 258 (Ky. Ct. App. 1984). · cites it 5× “in to his disabled vehicle when his disabled vehicle is struck by a moving vehicle, (1) a “pedestrian” or (2) a person making “use of a motor vehicle” under the Kentucky Motor Vehicle Reparations Act? (B) If such person is a “pedestrian”, is the insurer of the disabled vehicle…”
Affiliated FM Ins. Companies v. Grange Mut. Cas. Co., 641 S.W.2d 49 (Ky. Ct. App. 1982). · cites it 4× “KRS 304.39-050 sets forth a remedy as well as a right.”
United States Fid. & Guar. Co. v. Smith, 580 S.W.2d 216 (Ky. 1979). · cites it 2× “The mandate of KRS 304.39-050(3) is clear. No person shall recover basic reparation benefits from more than one reparation obligor as a result of the same accident (subject to an inapplicable exception in the case before us) and no person shall recover more than $10,000 of basic…”
Countryway Ins. Co. v. United Fin. Cas. Ins. Co., 496 S.W.3d 424 (Ky. 2016). “39-050(1) providing in pertinent part (emphasis supplied) that “[t]he basic reparation insurance applicable to bodily injury to which this subtitle applies is the security covering the vehicle occupied, by the injured person at the time of the accident.”
Lafferty v. United States, 880 F. Supp. 1121 (E.D. Ky. 1995). · cites it 3× “Shortly thereafter, the applicable Kentucky statute, KRS 304.39-050, was amended to limit the PIP carrier’s reimbursement to the tortfeasor's liability policy limits, and then only to the extent that coverage remains after payment for the injured party’s recovery.”
Dairyland Ins. Co. v. Assigned Claims Plan, 666 S.W.2d 746 (Ky. 1984). · cites it 2× “The first is KRS 304.39-050. Paragraph (1) applies to injury when there is insurance covering the vehicle “occupied by the injured person at the time of the accident.”
Dudas v. Kaczmarek, 652 S.W.2d 868 (Ky. Ct. App. 1983). “If the appropriate reparation obligor, see KRS 304.39-050, is not forthcoming in paying basic reparation benefits to the statutory maximum, the injured party has a remedy under the Act to collect them.”
Show all 31 citing cases →
— Ky. Rev. Stat. § 304.39-050(1) — 21 cases
Samons v. Kentucky Farm Bureau Mut. Ins. Co., 399 S.W.3d 425 (Ky. 2013). “KRS 304.39-050(1) states that the “basic reparation insurance applicable to bodily injury .”
Tucker v. Fireman's Fund Ins., 517 A.2d 730 (Md. 1986). “§§ 33-34-2 (11) (1982); Ky.Rev.Stat.Ann. § 304.39-050(1) (Bobbs-Merrill 1981); N.”
State Farm Mut. Auto. Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 671 S.W.2d 258 (Ky. Ct. App. 1984). “in to his disabled vehicle when his disabled vehicle is struck by a moving vehicle, (1) a “pedestrian” or (2) a person making “use of a motor vehicle” under the Kentucky Motor Vehicle Reparations Act? (B) If such person is a “pedestrian”, is the insurer of the disabled vehicle…”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975). “KRS 304.39-050. If there is no applicable BRB coverage, payment is made through an "assigned claims plan.”
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999). “KRS 304.39-050(1); KRS 304.39-020(2). Second, under Appellee's construction, one without proper liability insurance would only be liable for the property damage caused by his or her vehicle if she, the owner, were found to have negligently entrusted that vehicle to the driver,…”
— Ky. Rev. Stat. § 304.39-050(2) — 8 cases
McGrew v. Stone, 998 S.W.2d 5 (Ky. 1999). “KRS 304.39-050(1); KRS 304.39-020(2). Second, under Appellee's construction, one without proper liability insurance would only be liable for the property damage caused by his or her vehicle if she, the owner, were found to have negligently entrusted that vehicle to the driver,…”
Samons v. Kentucky Farm Bureau Mut. Ins. Co., 399 S.W.3d 425 (Ky. 2013). “KRS 304.39-050(1) states that the “basic reparation insurance applicable to bodily injury .”
Consol. Am. Ins. Co. v. Anderson, 964 S.W.2d 811 (Ky. Ct. App. 1997).
Dairyland Ins. Co. v. Assigned Claims Plan, 666 S.W.2d 746 (Ky. 1984). “The first is KRS 304.39-050. Paragraph (1) applies to injury when there is insurance covering the vehicle “occupied by the injured person at the time of the accident.”
Lafferty v. United States, 880 F. Supp. 1121 (E.D. Ky. 1995). “Shortly thereafter, the applicable Kentucky statute, KRS 304.39-050, was amended to limit the PIP carrier’s reimbursement to the tortfeasor's liability policy limits, and then only to the extent that coverage remains after payment for the injured party’s recovery.”
— Ky. Rev. Stat. § 304.39-050(3) — 6 cases
Samons v. Kentucky Farm Bureau Mut. Ins. Co., 399 S.W.3d 425 (Ky. 2013). “KRS 304.39-050(1) states that the “basic reparation insurance applicable to bodily injury .”
State Farm Mut. Auto. Ins. Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993). “In both of the cases at hand, the appellant, State Farm Mutual Automobile Insurance Company, had issued policies of automobile insurance including added reparation benefits over and above the basic reparation benefits mandated by KRS 304.39-050. The policies all state: Subject…”
United States Fid. & Guar. Co. v. Smith, 580 S.W.2d 216 (Ky. 1979). “The mandate of KRS 304.39-050(3) is clear. No person shall recover basic reparation benefits from more than one reparation obligor as a result of the same accident (subject to an inapplicable exception in the case before us) and no person shall recover more than $10,000 of basic…”
Riverside Ins. Co. v. McDowell, 576 S.W.2d 268 (Ky. Ct. App. 1979).
Capital Enter. Ins. Co. v. Kentucky Farm Bureau Mut. Ins. Co., 804 S.W.2d 377 (Ky. Ct. App. 1991).
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