JurisdictionCaliforniaCode INSInsurance Code - INS
Div. 2.DIVISION 2. CLASSES OF INSURANCE
Part 3.PART 3. LIABILITY, WORKERS' COMPENSATION, AND COMMON CARRIER LIABILITY INSURANCE
Ch. 1.CHAPTER 1. General Regulations
Art. 2.ARTICLE 2. Actions on Policies Containing Liability Provisions
(a)A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:
(1)Provide both of the following during all times that the vehicle is engaged in personal vehicle sharing:
(A)
(i)Insurance coverages for the vehicle and operator at a minimum of forty-five thousand dollars ($45,000) for bodily injury or death for one person, ninety thousand dollars ($90,000) for bodily injury or death for all persons, and fifteen thousand dollars ($15,000) for property damage.
(ii)On
and after January 1, 2031, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles set forth in Section 16056 of the Vehicle Code.
(B)The ability for the vehic
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(a)
A personal vehicle sharing program shall, for each vehicle that it facilitates the use of, do all of the following:
(1)
Provide both of the following during all times that the vehicle is engaged in personal vehicle sharing:
(A)
(i)
Insurance coverages for the vehicle and operator at a minimum of forty-five thousand dollars ($45,000) for bodily injury or death for one person, ninety thousand dollars ($90,000) for bodily injury or death for all persons, and fifteen thousand dollars ($15,000) for property damage.
(ii)
On
and after January 1, 2031, the personal vehicle sharing program shall not provide liability coverage less than three times the minimum insurance requirements for private passenger vehicles set forth in Section 16056 of the Vehicle Code.
(B)
The ability for the vehicle owner and operator to obtain or purchase additional insurance in excess of the minimum mandatory coverage and limits pursuant to subparagraph (A), including comprehensive and collision coverages or contractual protections.
(2)
Provide the vehicle owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with a written
disclosure of all of the following:
(A)
The terms and conditions contained in this section, including any applicable insurance requirements, coverages, coverage gaps, protections, limits, and exclusions.
(B)
The minimum mandatory coverage and limits that the personal vehicle sharing program is required to provide to owners and operators pursuant to Section 16056 of the Vehicle Code.
(C)
The coverages and limits provided by the personal vehicle sharing program.
(D)
The requirement that the personal vehicle sharing program provide the vehicle owner and any person that operates the vehicle pursuant to a personal vehicle sharing program with the option to purchase or
obtain additional limits, coverages, or protections.
(3)
Disclose all of the following in writing to the vehicle owner:
(A)
That the vehicle owner may have chosen higher limits, different coverages, or both, on their personal automobile insurance policy than those being provided by the personal vehicle sharing program, and, if so, that they have the option to purchase or obtain higher limits or optional coverages or protections.
(B)
That their personal automobile insurance may expressly exclude coverage for a vehicle while it is being operated pursuant to a personal vehicle sharing program in accordance with subdivision (h) of Section 11580.24.
(C)
That if their
personal automobile insurer does not expressly exclude coverage for vehicle sharing, it may still deny coverage for an accident occurring during vehicle sharing if the annual revenue from the personal vehicle sharing program to the vehicle owner exceeds the vehicle owner’s annual expense of owning and operating the vehicle, as provided in subdivision (a) of Section 11580.24.
(b)
(1)
A person who violates this section is liable to the state for a civil penalty, to be determined by the commissioner, not to exceed five thousand dollars ($5,000) for each violation or, if the violation was willful, a civil penalty not to exceed ten thousand dollars ($10,000) for each violation.
(2)
The duties and obligations imposed by this act are cumulative with any other
duties or obligations imposed under any other law, and shall not be construed to relieve any party from a duty or obligation imposed under any other law.
(c)
A penalty imposed pursuant to subdivision (b) is appealable by means of any remedy provided by Section 12940 or by the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(d)
(1)
If the commissioner has reason to believe that a person has engaged or is engaging in this state in a violation of this section, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall issue and serve upon that person an order to show cause. The order to show cause shall contain a statement of the charges,
a statement of that person’s potential liability under this section, and a notice of a hearing. The hearing shall be held at a time and place fixed in the notice, which shall not be less than 30 days after the service of the notice, for the purpose of determining whether or not the commissioner shall issue an order to that person to pay the penalty imposed by subdivision (b) and to cease and desist those methods, acts, or practices that violate this section.
(2)
If the charges noticed pursuant to paragraph (1) are confirmed by a preponderance of the evidence, the commissioner shall issue and cause to be served upon the person an order requiring that person to pay the penalty imposed pursuant to subdivision (b) and to cease and desist from engaging in those methods, acts, or practices found to be in violation of this section.
(3)
The hearing shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except that the hearings may be conducted by an administrative law judge in the administrative law bureau of the department when the proceedings involve a common question of law or fact with another proceeding arising under this code that may be conducted by the administrative law bureau’s administrative law judges. The commissioner and the appointed administrative law judge shall have all the powers granted under the Administrative Procedure Act.
(4)
The person shall be entitled to have the proceedings and the order reviewed by means of any remedy provided by Section 12940 or by the
Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).