This text of Indiana § 24-4-9.2-15 (Motor vehicle insurance policy; requirements; liability; indemnity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A shared vehicle that is the subject of a
shared vehicle agreement must be insured during a vehicle sharing
period by a motor vehicle insurance policy that is maintained by any of
the following:
(1)The shared vehicle owner.
(2)The shared vehicle driver.
(3)The P2P vehicle sharing program.
(4)Any combination of the persons described in subdivisions (1)
through (3).
(b)A motor vehicle insurance policy described in subsection (a)
must:
(1)provide coverage in an amount equal to or greater than the
minimum amounts required by IC 9-25-4-5; and
(2)be issued by one (1) of the following:
(A)An insurance company granted a certificate of authority to
engage in insurance business in Indiana under IC 27-1-3-20.
(B)A surplus lines insurer through a surplus lines producer
licensed under IC 2
Free access — add to your briefcase to read the full text and ask questions with AI
(a) A shared vehicle that is the subject of a
shared vehicle agreement must be insured during a vehicle sharing
period by a motor vehicle insurance policy that is maintained by any of
the following:
(1) The shared vehicle owner.
(2) The shared vehicle driver.
(3) The P2P vehicle sharing program.
(4) Any combination of the persons described in subdivisions (1)
through (3).
(b) A motor vehicle insurance policy described in subsection (a)
must:
(1) provide coverage in an amount equal to or greater than the
minimum amounts required by IC 9-25-4-5; and
(2) be issued by one (1) of the following:
(A) An insurance company granted a certificate of authority to
engage in insurance business in Indiana under IC 27-1-3-20.
(B) A surplus lines insurer through a surplus lines producer
licensed under IC 27-1-15.8.
(c) A P2P vehicle sharing program must ensure that during each
vehicle sharing period the shared vehicle owner and the shared vehicle
driver are insured under a motor vehicle insurance policy that:
(1) either:
(A) specifies that the motor vehicle insurance policy provides
coverage if the insured vehicle is made available and used in a
P2P vehicle sharing program; or
(B) does not exclude coverage if the insured vehicle is used as
a shared vehicle; and
(2) provides coverage in an amount equal to or greater than the
minimum amounts required under IC 9-25-4-5.
(d) The insurance described in subsection (a) that is satisfying the
insurance requirement shall be primary during each vehicle sharing
period.
(e) The P2P vehicle sharing program shall assume primary liability
for a claim when:
(1) it is in whole or in part providing the insurance required under
subsection (a);
(2) a dispute exists as to who was in control of the shared motor
vehicle at the time of the loss; and
(3) the P2P vehicle sharing program does not have available, did
not retain, or fails to provide the information required by section
17 of this chapter.
(f) The shared vehicle's insurer shall indemnify the P2P vehicle
sharing program to the extent of its obligation, if any, under the
applicable insurance policy, if it is determined the shared vehicle's
owner was in control of the shared vehicle at the time of the loss.
(g) If insurance maintained by a shared vehicle owner or shared
vehicle driver in subsection (a) has lapsed or does not provide the
required coverage, insurance maintained by a P2P vehicle sharing
program shall provide the coverage required by subsection (c)
beginning with the first dollar of a claim and have the duty to defend
such claim.
(h) Coverage under a motor vehicle insurance policy maintained by
the P2P vehicle sharing program does not depend on whether a
personal motor vehicle insurer first denies a claim and does not require
a personal motor vehicle insurer to first deny a claim.