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.
KRS 304.39-115
Limitation on claim of loss of use of motor vehicle
Applied in 4 court decisions — leading case Wittmer v. Jones (1993)
Most recently applied in Level 3 Communications, LLC v. TNT Construction, Inc. (November 2016)
Effective: July 15, 1988 History: Created 1988 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.