186A.555 Titles of hail-damaged vehicles.
566 words·~3 min read·
/ky/chapter-186a/186a-555A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The provisions of KRS 186A.500 to 186A.550 notwithstanding, the owner of a
motor vehicle that has been damaged solely by hail shall have the regular title of the
vehicle branded as follows "Hail Damage" if:
(a)The vehicle is in a condition that it can be legally operated on the highway;
(b)The total estimated or actual cost of parts and labor to rebuild or reconstruct
the vehicle to its pre-hail condition exceeds seventy-five percent (75%) of the
retail value of the vehicle, as prescribed by a nationally accepted used car
valuation guide or tool identified under KRS 304.20-110; and
(c)The owner intends to retain ownership of the vehicle.
(2)A person seeking to have the title of a vehicle branded for hail damage under
subsection
(1)of this section shall present the sheriff with a statement from the
person's insurance company that the damage exceeds seventy-five percent (75%) of
the retail value of the vehicle and is solely the result of hail damage, and shall have
the vehicle inspected by the sheriff of the county in which the vehicle is registered.
Upon completion of inspection of the vehicle, the sheriff shall indicate on the
vehicle transaction record form if he or she has received a statement from the
person's insurance company that the damage to the vehicle is the result of hail
damage and if the total estimated or actual cost of parts and labor to rebuild or
reconstruct the vehicle to its pre-hail condition exceeds seventy-five percent (75%)
of the retail value of the vehicle, as prescribed by a nationally accepted used car
valuation guide or tool identified under KRS 304.20-110. The sheriff shall be paid a
fee of five dollars ($5) to conduct an inspection under this subsection.
(3)Upon completion of the inspection required under subsection
(2)of this section, a
person shall take the vehicle transaction record form and the title to the vehicle to
the office of the county clerk in the county in which the vehicle is registered. If the
sheriff has certified on the vehicle transaction record form that the damage to the
vehicle is the result of hail damage and if the total estimated or actual cost of parts
and labor to rebuild or reconstruct the vehicle to its pre-hail condition exceeds
seventy-five percent (75%) of the retail value of the vehicle, as prescribed by a
nationally accepted used car valuation guide or tool identified under KRS 304.20-
110, the title shall not be surrendered to the clerk, but the clerk shall stamp on the
face of the title "Hail Damage". The clerk shall also enter into the Automated Motor
Vehicle Registration System
(AVIS)the information that the title has been branded
in the clerk's office "Hail Damage". The county clerk shall be paid a fee of three
dollars ($3) to carry out the provisions of this subsection.
(4)A title branded "Hail Damage" under the provisions of subsection
(3)of this section
shall retain the brand for as long as the person holds title to the vehicle, and upon
the sale or transfer of the vehicle, the new title issued shall continue to carry the
brand "Hail Damage".
(5)An insurance company shall not render payment on a vehicle damaged solely by
hail in excess of seventy-five percent (75%) of the retail value of the vehicle until
the title has been branded "Hail Damage".