§ 8-2.1-19.1-8 — Motor vehicle insurance requirements; proof of coverage; payment for repairs

Indiana § 8-2.1-19.1-8

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 19.1: Transportation Network Companies

Text

(a) Not later than July 15, 2015, a TNC
driver, or a TNC on the TNC driver's behalf, shall maintain primary
motor vehicle insurance that meets the following requirements:
(1) The motor vehicle insurance is issued:
(A) by an insurance company that holds a certificate of
authority to do insurance business in Indiana under IC 27-1-3-20; or
(B) through a surplus lines producer licensed under IC 27-1-15.8.
(2) The language of the motor vehicle insurance policy:
(A) recognizes that the driver is a TNC driver or otherwise uses
the personal vehicle to transport passengers for compensation;
and
(B) covers the driver while the driver is:
(i) logged on to the TNC's digital network; or
(ii) engaged in a prearranged ride.
(3) The motor vehicle insurance must meet the following
coverage requirements while a TNC driver is logged on to the
TNC's digital network, but is not engaged in a prearranged ride:
(A) Primary motor vehicle liability insurance in an amount
equal to at least:
(i) fifty thousand dollars ($50,000) per person for death and
bodily injury;
(ii) one hundred thousand dollars ($100,000) per incident for
death and bodily injury;
(iii) before July 1, 2024, twenty-five thousand dollars
($25,000) per incident for property damage; and
(iv) after June 30, 2024, fifty thousand dollars ($50,000) per
incident for property damage.
(B) The insurance required by clause (A) may be provided by
any of the following:
(i) Motor vehicle insurance maintained by the TNC driver.
(ii) Motor vehicle insurance maintained by the TNC.
(iii) Motor vehicle insurance maintained by any combination
of persons or entities under items (i) and (ii).
(4) The motor vehicle insurance must meet the following
coverage requirements while a TNC driver is engaged in a
prearranged ride:
(A) Primary motor vehicle liability insurance in an amount
equal to at least one million dollars ($1,000,000) per incident
for death, bodily injury, and property damage.
(B) The insurance required by clause (A) may be provided by
any of the following:
(i) Motor vehicle insurance maintained by the TNC driver.
(ii) Motor vehicle insurance maintained by the TNC.
(iii) Motor vehicle insurance maintained by any combination
of persons or entities under items (i) and (ii).
(b) If motor vehicle insurance maintained by a TNC driver as
described in subsection (a) lapses or does not provide the required
coverage:
(1) motor vehicle insurance maintained by the TNC must provide
the required coverage beginning with the first dollar of a claim;
and
(2) the insurance company that issues the motor vehicle insurance
described in subdivision (1) has a duty to defend the claim
described in subdivision (1).
(c) Coverage under motor vehicle insurance maintained by a TNC
may not be dependent on a personal motor vehicle insurance company's
first denying a claim for coverage under a personal motor vehicle
insurance policy, nor may a personal motor vehicle insurance company
be required to first deny a claim.
(d) A motor vehicle insurance policy that meets the coverage
requirements of subsection (a) satisfies the financial responsibility
requirement of IC 9-25 while the driver of the personal vehicle is:
(1) logged on to the TNC's digital network; or
(2) engaged in a prearranged ride.
(e) A TNC driver shall do the following:
(1) At all times during which the TNC driver uses a personal
vehicle in connection with a TNC's digital network, carry proof of
the coverage required by subsection (a).
(2) In the event of an accident, upon request, provide to directly
interested parties, motor vehicle insurance companies, and
investigating law enforcement officers:
(A) the proof described in subdivision (1); and
(B) a disclosure of whether the TNC driver was:
(i) logged on to the TNC's digital network; or
(ii) engaged in a prearranged ride;
at the time of the accident.
Information provided under this subdivision may be provided in
electronic form under IC 27-1-43-3, as applicable.
(f) If a TNC's motor vehicle insurance provides comprehensive
coverage or collision coverage for a claim for repair to a personal
vehicle, the TNC shall direct the insurance company to make the claim
payment:
(1) directly to the person that repairs the personal vehicle as
payment in full for the completed repairs; or
(2) jointly to:
(A) the owner of; and
(B) any primary lienholder on;
the personal vehicle.

Legislative History

As added by P.L.175-2015, SEC.10. Amended by P.L.85-2017, SEC.38; P.L.215-2023, SEC.9.