KRS § 186A.555 — KY Code / Title XVI / Chapter 186A / Section 186A.555
186A.555 Titles of hail-damaged vehicles
Status: in_force

186A.555 Titles of hail-damaged vehicles.

(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".