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INSURANCE COVERAGE FOR AUTOMOBILE GLASS REPAIRS IN KENTUCKY
Have you ever cringed on hearing the CRACK of a pebble hitting your windshield? Sometimes the effect is the familar “star,” but sometimes the damage to the glass is significant. In any event, you should be aware that you may have the right to have your windshield, or for that matter, other parts of your vehicle that may be damaged by road hazards, replaced at no cost to you. Your insurance company may have to pay for that replacement, without any deductible payable by you. This is not because of any generosity by the insurance company, but because it is the law in Kentucky. This article will explain your possible rights.
First, you must have “comprehensive coverage” included in your Kentucky- issued auto insurance policy. This is different from the coverage known as “collision” coverage, which protects you from claims by a third person with whom you have an auto accident. Comprehensive coverage can be considered protection for your vehicle. If someone hits your car and has no insurance, you can turn to your own insurance company and make a claim. Or perhaps you slid off the road in a snowstorm and hit a telephone pole. Your insurance company will calculate the reasonable repair costs or actual cash value of your car or truck, but it will reduce the amount you are paid by the deductible stated in your policy. The deductible can be a significant amount if you elected to pay a lower premium by having a higher deductible.
But if you do have comprehensive coverage and you suffer glass damage, the good news is that you won’t have to pay your deductible. There is a statute, KRS 304.20-060(2), providing that if you have comprehensive coverage (or similar coverage by some other name) your policy must cover the repair or replacement of “damaged safety equipment” without the application of your deductible. So the “star” in your windshield has to be repaired, or your windshield even replaced, at no cost to you.
So what “safety equipment” are we talking about? Just the windshield? Actually, the parts of the car that may have to be repaired or replaced by your insurance company are more than just a windshield. The statute defines safety equipment as the glass used in the windshield, doors and windows of an automobile. But it also includes the glass, plastic or other materials used in the lights required by law to be on the vehicle.
A bill was introduced in the 2013 session of the Kentucky legislature that would have changed all this and made you pay your deductible, but for the time being you can get your glass damage repaired at no cost to you.
How do you go about getting the work done? Well, you start with contacting your insurance company or agent promptly after the damage is done. Have the date and degree of damage at hand. If the damage is from vandalism or a one-car collision you should have reported it to the police and have a police report. If the agent offers to have the damage repaired, you will have to make a personal decision whether you think that is good enough, or whether you want to insist on full replacement.
There is a statute, KRS 304.12-275, that prohibits an insurance company from telling you where you must have repairs done on your car or truck, but there is a specific exclusion for repair of glass. So your insurance company can require you to go to a specific repair station, but the good news is that they often have the ability to schedule an appointment for you.
Don’t be afraid to call on your insurance carrier to do its duty. Unless you abuse the privilege, it is unlikely your rates will be affected. And, of course, don’t go taking a baseball bat to your windshield just because you want a new one — intentional acts are excluded!
Written By:
Arnold Taylor
Arnold Taylor is the Senior Partner of O'Hara Ruberg. He is a 1965 graduate of the University of Kentucky College of Law, focusing his practice on litigation. He is the Chair of the Ethics Committee of the Kentucky Judiciary.
