§ 13b-127a — Automobile liability insurance requirements.

(a) Except as provided in subsection (b) of this section, a peer-to-peer car sharing company shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties, or uninsured and underinsured motorist or personal injury protection losses, during the car sharing period in an amount stated in the peer-to-peer car sharing agreement, but not less than the minimum amounts required by subsection (a) of section 14-112. (b) The assumption of liability under subsection (a) of this section shall not apply to any shared vehicle owner who: (1) Makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing company or on the car sharing platform before the car sharing period in which the liability arose; or (2) acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the car sharing agreement. (c) The assumption of liability under subsection (a) of this section shall apply to bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties, in accordance with section 14-112 . (d) A peer-to-peer car sharing company shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under an automobile liability insurance policy that: (1) Provides insurance coverage in amounts not less than the minimum amounts required by subsection (a) of section 14-112 ; and (2) recognizes that the shared vehicle insured under the policy is made available and used through a car sharing platform, or does not exclude the use of a shared vehicle by a shared vehicle driver. (e) The coverage requirements of subsection (d) of this section may be satisfied by an automobile liability insurance maintained by the shared vehicle owner, the shared vehicle driver, the peer-to-peer car sharing company or the shared vehicle owner, the shared vehicle driver and the peer-to-peer car sharing company. (f) The insurer, insurers or peer-to-peer car sharing company providing or maintaining coverage under subsection (d) or (e) of this section shall assume primary liability for a claim when: (1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the peer-to-peer car sharing company does not have available, did not retain or fails to provide the information required by section 13b-127d ; or (2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as agreed to by the shared vehicle owner and the shared vehicle operator. (g) The liability insurance described in subsection (e) of this section that satisfies the insurance requirement of subsection (d) of this section shall be primary during each car sharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those established in subsection (a) of section 14-112 , during the car sharing period, the coverage maintained under subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits. (h) If an automobile liability insurance policy maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the coverage required pursuant to subsection (d) of this section, the insurance maintained by a peer-to-peer car sharing company shall provide the coverage required by subsection (d) of this section, beginning with the first dollar of a claim, and shall have the duty to defend a claim except under circumstances as set forth in subsection (b) of this section. (i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing company shall not be contingent on another automobile insurance company first denying a claim, nor shall such other insurance company be required to first deny a claim. (j) Nothing in this section shall: (1) Limit the liability of the peer-to-peer car sharing company for any act or omission of the company that results in bodily injury to any person as a result of the use of a shared vehicle through a car sharing platform; or (2) Limit the ability of the peer-to-peer car sharing company to contract for indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the company resulting from a breach of the terms and conditions of the car sharing agreement.

Legislative History

(P.A. 21-106, S. 53; P.A. 22-107, S. 3.) History: P.A. 21-106 effective January 1, 2022; P.A. 22-107 added Subsec. (c) re assumption of liability applies to bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties, redesignated existing Subsec. (c) as Subsec. (d), redesignated existing Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended same by replacing provision re automobile liability insurance shall assume primary liability with new provision re insurer or peer-to-peer car sharing company providing or maintaining coverage shall assume primary liability when dispute exists as to who was in control at the time of loss or dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location and information required under section 13b-127d is not available, added new Subsec. (g) re liability insurance is primary during each car sharing period and where a claim occurs in another state with limits higher than limits set forth in section 14-112, such coverage under Subsec. (e) satisfies the difference in coverage amounts up to the applicable policy limits, redesignated existing Subsec. (g) as Subsec. (h) and amended same by replacing provision re peer-to-peer car sharing company's automobile liability insurance policy provides coverage with new provision re insurance maintained by peer-to-peer car sharing company shall provide coverage required, redesignated existing Subsec. (h) as Subsec. (i) and redesignated existing Subsec. (i) as Subsec. (j), effective January 1, 2023.