(1)(a) Except as
provided in subsection (1)(b) of this section, a car sharing program shall assume the
liability of a shared car owner for any bodily injury or property damage to third
parties, or uninsured and underinsured motorist or personal injury protection losses,
during the sharing period up to an amount stated in the car sharing agreement, but
not less than the minimum amount of financial responsibility required by article 7 of
title 42.
(b)The assumption of liability under subsection (1)(a) of this section does not
apply to a shared car owner if:
(I)The shared car owner makes an intentional or fraudulent material
misrepresentation to or omission to the car sharing program before the sharing
period when the loss occurred; or
(II)The shared car owner acts in concert
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(1) (a) Except as
provided in subsection (1)(b) of this section, a car sharing program shall assume the
liability of a shared car owner for any bodily injury or property damage to third
parties, or uninsured and underinsured motorist or personal injury protection losses,
during the sharing period up to an amount stated in the car sharing agreement, but
not less than the minimum amount of financial responsibility required by article 7 of
title 42.
(b) The assumption of liability under subsection (1)(a) of this section does not
apply to a shared car owner if:
(I) The shared car owner makes an intentional or fraudulent material
misrepresentation to or omission to the car sharing program before the sharing
period when the loss occurred; or
(II) The shared car owner acts in concert with a shared car driver who fails to
return the shared car in accordance with the car sharing agreement.
(c) Notwithstanding subsection (1)(b) of this section, the definition of
sharing termination time in section 6-1-1202 (11), or the amount of liability
coverage stated in the car sharing agreement, the assumption of liability under
subsection (1)(a) of this section in the amount required by article 7 of title 42
applies to any bodily injury or property damage suffered by innocent third parties
for injuries or losses during the sharing period.
(2) A car sharing program shall ensure that, during each sharing period, the
shared car owner and the shared car driver are insured under an automobile liability
insurance policy that:
(a) (I) Recognizes that the shared car insured under the policy is made
available through and used through a car sharing program; or
(II) Does not exclude use of a shared car by a shared car driver; and
(b) Provides insurance coverage under a:
(I) Commercial liability policy issued to the car sharing program that is not
less than three times the minimum amount of financial responsibility required by
article 7 of title 42; or
(II) Personal liability policy issued to the shared car driver that is not less
than the minimum amount of financial responsibility required by article 7 of title 42.
(3) The financial responsibility required in subsection (2) of this section may
be satisfied by automobile liability insurance that is maintained by any one or a
combination of the following:
(a) A shared car driver; or
(b) A car sharing program.
(4) The insurance described in subsection (3) of this section that satisfies the
insurance requirement in subsection (2) of this section is the primary coverage
during the sharing period.
(5) A car sharing program shall assume primary liability for a claim if:
(a) The program is in whole or in part providing the insurance required in
subsections (2) and (3) of this section;
(b) A dispute exists as to who was in control of the shared car at the time of
the loss; and
(c) The program does not have available, did not retain, or fails to provide the
information required in section 6-1-1207 that relates to the claim.
(6) (a) If the insurance that complies with subsection (2) of this section is
provided by the shared car driver or shared car owner, a car sharing program shall
maintain insurance that provides coverage meeting the requirements of this section
and that covers a lapse in or lack of coverage of the shared car driver's or shared
car owner's insurance, beginning with the first dollar of a claim and including a duty
to defend the claim.
(b) The insurance required by this subsection (6) may be procured from:
(I) An insurer licensed under title 10; or
(II) A surplus lines insurer authorized under article 5 of title 10 that has a
credit rating of no less than:
(A) A- from A.M. Best Company, Inc.;
(B) A from Demotech, Inc.; or
(C) A similar rating from another rating agency if both the rating and agency
are recognized by the commissioner of insurance by rule under section 10-5-117.
(7) Coverage under an automobile liability insurance policy maintained by
the car sharing program does not depend on a personal automobile liability insurer
first denying or being required to deny a claim.
(8) This section does not:
(a) Limit the liability of the car sharing program for an act or omission of the
car sharing program that results in bodily injury to any person as a result of the use
of a shared car through a car sharing program; or
(b) Limit the ability of the car sharing program to contract for
indemnification from the shared car owner or the shared car driver for economic
loss sustained by the car sharing program caused by a breach of the terms and
conditions of the car sharing agreement.