§ 913 — Optional vehicle protection; requirements

§ 913. Optional vehicle protection; requirements. 1. (a) (i) A\npeer-to-peer car sharing program administrator shall not charge a\nseparately itemized fee solely for optional vehicle protection, except\nas follows:\n (A) the fee charged by a peer-to-peer car sharing program\nadministrator shall represent the administrator's good-faith estimate of\na daily charge, as calculated by the administrator, to recover the\nactual, total annual expenses, incurred by the administrator, together\nwith a commercially reasonable allowance for the contractual risks\nassumed by the administrator, for the administrator's agreement with\nshared vehicle drivers to contractually assume liability for all or part\nof any damage or loss to the shared vehicle during the car sharing\nperiod;\n (B) if the total amount of optional vehicle protection fees collected\nby a peer-to-peer car sharing program administrator under this section\nin any calendar year exceeds the administrator's actual costs, the\nadministrator shall:\n (1) retain the excess amount; and\n (2) adjust the estimated, average per day optional vehicle protection\nfee for the following calendar year by a corresponding amount.\n (ii) Nothing in this section shall prevent a peer-to-peer car sharing\nprogram administrator from making adjustment to the optional vehicle\nprotection fee during the calendar year.\n (b) A peer-to-peer car sharing program administrator shall not sell\noptional vehicle protection unless the shared vehicle driver or shared\nvehicle owner agrees to the purchase of such protection in writing at or\nprior to the time the peer-to-peer car sharing agreement is executed.\n (c) A peer-to-peer car sharing program administrator shall not void\noptional vehicle protection contractually assumed from the shared\nvehicle owner except for one or more of the following reasons:\n (i) the damage or loss is caused intentionally or as a result of\nwillful, wanton, or reckless conduct of the shared vehicle driver;\n (ii) the damage or loss arises out of the shared vehicle driver's use\nor operation of the shared vehicle while intoxicated or unlawfully\nimpaired by the use of alcohol or drugs;\n (iii) the peer-to-peer car sharing program administrator entered into\nthe peer-to-peer car sharing agreement based on fraudulent or materially\nfalse information supplied by the shared vehicle driver;\n (iv) the damage or loss arises out of the use or operation of the\nshared vehicle while engaged in the commission of a crime other than a\ntraffic infraction;\n (v) the damage or loss arises out of the use or operation of the\nshared vehicle to carry persons or property for hire, as a\ntransportation network company or TNC vehicle as defined in article\nforty-four-B of the vehicle and traffic law, to push or tow anything,\nwhile engaged in a speed contest, operating off-road, or for driver's\ntraining;\n (vi) the damage or loss arises out of the use or operation of the\nshared vehicle by a person other than: (1) the shared vehicle driver;\n(2) the shared vehicle driver's spouse, child over the age of eighteen\nor a parent or parent-in-law of the shared vehicle driver, provided such\nspouse, child, parent or parent-in-law is properly licensed to operate a\nmotor vehicle and resides in the same household as the shared vehicle\ndriver; (3) a parking valet or parking garage attendant for compensation\nand in the normal course of employment; (4) any person who uses or\noperates the motor vehicle through a program during an emergency\nsituation to a medical facility; or (5) any person licensed to drive who\nexpressly is authorized to use or operate the motor vehicle by both the\nshared vehicle owner and the peer-to-peer car sharing agreement;\n (vii) the damage or loss arises out of the use or operation of the\nshared vehicle outside of the United States when that use or operation\nis not specifically authorized by the peer-to-peer car sharing\nagreement; or\n (viii) the shared vehicle driver or his or her spouse, child over the\nage of eighteen or a parent or parent-in-law of the shared vehicle\ndriver have failed to comply with the requirements for reporting damage\nor loss as set forth in subdivision four of this section;\n (ix) the shared vehicle owner knowingly provided erroneous or\ninaccurate information to the peer-to-peer car sharing program\nadministrator in connection with any reservation for which the shared\nvehicle owner has agreed that the peer-to-peer car sharing program will\ncontractually assume the risk of loss for physical damage to the shared\nvehicle;\n (x) the shared vehicle owner fails to submit a claim for physical\ndamage in accordance with the terms and conditions of the peer-to-peer\ncar sharing program agreement; or\n (xi) where the shared vehicle owner fails to make the shared vehicle\navailable for inspection when a shared vehicle driver or the shared\nvehicle driver's insurer requests to inspect the shared vehicle in\naccordance with this article.\n (d) A shared vehicle driver may void optional vehicle protection prior\nto the beginning of the car sharing period within twenty-four hours of\npurchase provided that the shared vehicle driver: (i) has entered into a\npeer-to-peer car sharing agreement with a term of two or more days; (ii)\nappears in person before the shared vehicle owner together with the\nshared vehicle that shall be subject to inspection; and (iii) signs a\ncancellation form provided by the peer-to-peer car sharing program\nadministrator.\n (e) After twenty-four hours of purchase, a shared vehicle driver may\nprospectively terminate optional vehicle protection prior to the\nbeginning of the car sharing period, provided the shared vehicle driver:\n(i) appears in person before the shared vehicle owner together with the\nshared vehicle that shall be subject to inspection; (ii) voids the\noptional vehicle protection in writing; and (iii) pays the optional\nvehicle protection charge for any full or partial day or portion of a\nday during which the optional vehicle protection was in effect.\n 2. Subject to the provisions of subdivisions six, seven, and eight of\nthis section, a peer-to-peer car sharing program administrator may hold\na shared vehicle driver liable for actual damage to, or loss of, a\nshared vehicle, provided that:\n (a) any claim for such damage shall be based on a physical inspection\nand shall be made upon the return of such shared vehicle; and\n (b) any charge for repair of such damage shall be limited to actual\nand reasonable costs and shall be assessed and billed separately and\napart from the peer-to-peer car sharing agreement.\n 3. (a) Any peer-to-peer car sharing program administrator that states\nor permits to be stated the costs of a shared vehicle in any\nadvertisement shall state conspicuously, in plain language and in\nconjunction with the advertised cost of the shared vehicle and the daily\nrate of the applicable optional vehicle protection, that the rate\nconstitutes an additional daily charge to the shared vehicle driver,\nthat the purchase of such protection is optional, if such rate can be\nascertained at the time of purchase and that prospective shared vehicle\ndrivers should examine their credit card protections and motor vehicle\ninsurance policies for coverage.\n (b) Where a written advertisement, including all print media, contains\nthe statement of the cost of the shared vehicle, the disclosure required\nby this section shall be printed in type no less than size twelve-point\nfont.\n (c) When the website of a peer-to-peer car sharing program\nadministrator or the video presentation of a television or internet\nadvertisement by such peer-to-peer car sharing program administrator\ncontains the written statement of the cost of a shared vehicle, the\ndepiction of such cost of the optional vehicle protection shall be clear\nand conspicuous.\n (d) When a radio advertisement or the audio presentation of a\ntelevision advertisement contains the statement of the cost of a shared\nvehicle, the oral statement of such cost shall immediately be\naccompanied by an oral statement of the cost of the optional vehicle\nprotection if offered as a separately itemized product.\n (e) When a telephone, internet or other inquiry for the cost of a\nshared vehicle is made to a peer-to-peer car sharing program\nadministrator that involves an interaction with a representative of a\npeer-to-peer car sharing program administrator, the representative of\nsuch peer-to-peer car sharing program administrator shall, in response\nto the inquiry, advise that additional optional products that may be\noffered by such peer-to-peer car sharing program administrator shall not\nbe included in the daily rate. If an inquiry is made regarding optional\nvehicle protection, the representative shall provide the cost of the\noptional vehicle protection and state that the purchase of such\nprotection is optional and that the shared vehicle driver's personal\nmotor vehicle insurance or credit card may provide coverage.\n (f) Any peer-to-peer car sharing program administrator that offers\noptional vehicle protection to a shared vehicle driver shall disclose to\nsuch driver the following information on its website:\n "NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS\nAND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR\nSHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract\noffers, for an additional charge, OVP to cover your financial\nresponsibility for damage or loss to the shared vehicle. OVP is also\ncommonly referred to as a "collision damage waiver". The purchase of OVP\nis optional and may be declined. Before deciding whether to purchase\nOVP, you may wish to determine whether your credit card, or the motor\nvehicle insurance maintained by yourself or someone in your household,\naffords you any coverage for damage to the shared vehicle, and the\namount of deductible under any such coverage. OVP - WHEN VOID: OVP is\nvoid and shall not apply to the following situations:\n 1. If the damage or loss is caused as a result of the shared vehicle\ndriver's intentional acts; willful, wanton, or reckless conduct of the\ndriver; or the use or operation of the shared vehicle while intoxicated\nor unlawfully impaired by the use of alcohol or drugs;\n 2. The peer-to-peer car sharing program administrator entered into the\npeer-to-peer sharing agreement based on fraudulent or materially false\ninformation supplied by the shared vehicle driver;\n 3. The damage or loss arises out of the use or operation of the shared\nvehicle:\n (a) while engaged in the commission of a crime, other than a traffic\ninfraction;\n (b) to carry persons or property for hire, as a transportation network\ncompany or TNC vehicle as defined in article forty-four-B of the vehicle\nand traffic law, to push or tow anything, while engaged in a speed\ncontest, operating off road, or for driver's training;\n (c) by a person other than: (1) the shared vehicle driver; (2) the\nshared vehicle driver's spouse, child over the age of eighteen or a\nparent or parent-in-law of the shared vehicle driver, provided such\nspouse, child, parent or parent-in-law is properly licensed to operate a\nmotor vehicle and resides in the same household as the shared vehicle\ndriver; (3) a parking valet or parking garage attendant for compensation\nand in the normal course of employment; (4) any person who uses or\noperates the motor vehicle through a program during an emergency\nsituation to a medical facility; or (5) any person licensed to drive who\nexpressly is authorized to use or operate the motor vehicle by both the\nshared vehicle owner and the peer-to-peer car sharing agreement;\n (d) outside of the United States when not specifically authorized by\nthe peer-to-peer car sharing agreement;\n (e) where the shared vehicle driver, or his or her spouse, child over\nthe age of eighteen or a parent or parent-in-law of such shared vehicle\ndriver failed to comply with the requirements for reporting damage or\nloss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the\nshared vehicle sustains damage or loss, the shared vehicle driver is\nrequired to complete and return an incident report notice to the\npeer-to-peer car sharing program administrator. OVP - RIGHT TO INSPECT\nVEHICLE DAMAGES: The shared vehicle driver and his or her insurer have\nthe right to request an inspection of the shared vehicle damages within\nseventy-two hours of the return of the vehicle. Failure of the shared\nvehicle driver or his or her insurer to request such inspection within\nseventy-two hours of return shall be deemed a waiver of such person or\nentity's right to inspect the damaged vehicle. THEFT OF THE SHARED\nVEHICLE: If the shared vehicle is stolen during the term of a\npeer-to-peer car sharing agreement, a shared vehicle driver must report\nthe theft of the shared vehicle to the peer-to-peer car sharing program\nadministrator and a law enforcement agency within twelve hours of\nlearning of such theft."\n (f) The following disclosure notice shall be made on the face of the\npeer-to-peer car sharing agreement either by stamp, label or as part of\nthe written contract or on any other written document provided to the\nshared vehicle driver upon execution of such contract, and shall be set\napart in boldface type and in no smaller print than twelve-point font:\n"NOTICE: This agreement offers, for an additional charge, optional\nvehicle protection to cover your financial responsibility for damage or\nloss to the shared vehicle. The purchase of optional vehicle protection\nis optional and may be declined. You are advised to carefully consider\nwhether to purchase this protection if you have coverage provided by\nyour credit card or motor vehicle insurance policy that will cover the\nshared vehicle. Before deciding whether to purchase optional vehicle\nprotection, you may wish to determine whether your credit card or your\nmotor vehicle insurance affords you coverage for damage to the shared\nvehicle and the amount of deductible under such coverage."\n (g) The peer-to-peer car sharing agreement shall also include in\nboldface type and in no smaller print than twelve-point font and, in\nplain language, the conditions and exclusions set forth in paragraph (c)\nof subdivision one of this section. Upon identification by the shared\nvehicle owner or the peer-to-peer car sharing program administrator of\ndamage to the shared vehicle, such peer-to-peer car sharing program\nadministrator shall inform such shared vehicle driver of his or her\nright to inspect the vehicle, and the procedures and time-frames for\ndoing so, pursuant to paragraphs (b) and (c) of subdivision five of this\nsection.\n 4. (a) Upon identification of damage by the shared vehicle owner or\npeer-to-peer car sharing program administrator at the time of return of\nthe shared vehicle, termination of the peer-to-peer car sharing\nagreement, or within ten days if an inspection for damage is precluded\nbecause the shared vehicle is returned by automation, returned\nafter-hours, or recovered by the shared vehicle owner or peer-to-peer\ncar sharing program administrator, the peer-to-peer car sharing program\nadministrator shall furnish an incident report form and a notice,\npursuant to this subdivision, of the obligation of the shared vehicle\ndriver to execute and return to the peer-to-peer car sharing program\nadministrator a complete and accurate incident report describing any\nphysical and/or mechanical damage. If the shared vehicle is returned by\nautomation, returned after-hours, or recovered by the shared vehicle\nowner or peer-to-peer car sharing program administrator, such incident\nreport form and notice shall be mailed by overnight delivery service or\ncertified mail, return receipt requested, and another copy of such\nnotification shall be sent by regular mail. The peer-to-peer car sharing\nprogram administrator shall retain a copy of such notice and the\ncertified mail return receipt for a period of six years.\n (b) Within seventy-two hours of receipt of the incident report form\nand notice, either the shared vehicle driver or his or her insurer shall\nnotify or send notice to the peer-to-peer car sharing program\nadministrator that either he, she, or the insurer wishes to inspect the\ndamaged vehicle. If the shared vehicle driver or his or her insurer does\nnot notify or send a request for this inspection within the\nseventy-two-hour period, he, she, or the insurer shall be deemed to have\nwaived such right.\n (c) If the shared vehicle driver shall decline or fail to complete and\nreturn the incident report required pursuant to paragraph (a) of this\nsubdivision, the peer-to-peer car sharing program administrator shall,\nno sooner than ten days after the mailing of notification pursuant to\nsuch paragraph (a), mail another copy of the incident report together\nwith a letter stating that the shared vehicle driver has declined or\notherwise failed to complete and return the incident report. Such\nmailing shall be by overnight delivery service or certified mail, return\nreceipt requested, and another copy of such notification by regular\nmail, with proof of mailing by production of a certificate of mailing\nfrom the post office. When a request to inspect the vehicle shall have\nbeen timely made by the shared vehicle driver or his or her insurer, the\ninspection shall be completed within seven days of such request. If the\npeer-to-peer car sharing program administrator determines the damaged\nvehicle to be a total loss and subject to salvage, such seventy-two hour\nperiod for notification or waiver of the wish to inspect the damaged\nvehicle shall not apply, and the shared vehicle driver or his or her\ninsurer shall have ten business days from the shared vehicle driver's\nreceipt of notification from the peer-to-peer car sharing program\nadministrator pursuant to paragraph (a) of this subdivision to inspect\nthe damaged vehicle, which shall be made available by the shared vehicle\nowner. Within the limits provided in this paragraph, the peer-to-peer\ncar sharing program administrator shall identify the repairer of, and\nprovide access to, the damaged vehicle, in order to verify the nature\nand extent of damages, repairs and repair costs, and/or repair\nestimates.\n (d) All notices shall be mailed to the address of the shared vehicle\ndriver as stated on his or her license, or other address as designated\nby him or her in the peer-to-peer car sharing agreement.\n (e) The shared vehicle driver shall complete and return the incident\nreport required by paragraph (a) of this subdivision within ten days of\nthe receipt of the notice required by such paragraph.\n (f) The notice required by this subdivision shall be in at least\ntwelve-point bold face type and shall contain the statement: "Failure to\ncompletely and accurately fill out and return an incident report within\nten days of receipt of this notice may make the shared vehicle driver\nliable for damages sustained to the shared vehicle. Except where the\ndamaged vehicle is determined to be a total loss and subject to salvage,\nthe shared vehicle driver or his or her insurer has seventy-two hours\nfrom the return or recovery of the vehicle to notify the peer-to-peer\ncar sharing program administrator that he or she wishes to inspect the\ndamaged vehicle. The inspection shall be completed within seven business\ndays of the request to inspect the shared vehicle. If the peer-to-peer\ncar sharing program administrator does not receive notification from the\nshared vehicle driver or his or her insurer requesting such inspection\nwithin the seventy-two-hour period, the shared vehicle driver and his or\nher insurer will be deemed to have waived this right. If the\npeer-to-peer car sharing program administrator determines the damaged\nvehicle to be a total loss and subject to salvage, such seventy-two-hour\nperiod for notification or waiver of the wish to inspect the damaged\nvehicle shall not apply, and such right to inspect the damaged vehicle\nshall expire ten business days from the shared vehicle driver's receipt\nof this notice from the peer-to-peer car sharing company program\nadministrator. Upon request of the shared vehicle driver or his or her\ninsurer, we will provide a copy of the professional estimate of the\ncosts of repairing the damaged motor vehicle." Information that is\nprovided in response to a request by a peer-to-peer car sharing program\nadministrator, but that is not provided on an incident report form,\nshall satisfy any reporting obligation of a shared vehicle driver if\nsuch response substantially complies with the applicable requirements of\nthis section. If additional information is reasonably required by the\npeer-to-peer car sharing program administrator in order to adjust any\nclaim of loss, same shall be requested of the shared vehicle driver as\nsoon as reasonably practicable, who shall respond to same as soon as\nreasonably practicable.\n (g) (i) For purposes of this subdivision, each of the following shall\nconstitute an "incident report form":\n (A) a motor vehicle accident report pursuant to section six hundred\nfive of the vehicle and traffic law; or\n (B) any similar appropriate form furnished by the peer-to-peer car\nsharing program administrator.\n (ii) An incident report form described in clause (B) of subparagraph\n(i) of this paragraph:\n (A) shall be sent or given to a shared vehicle driver with a request\nthat he or she provide information pursuant to this section concerning\ndamage to a vehicle possessed by a shared vehicle driver; and\n (B) such form may also be made available as a fill-in form on the\npeer-to-peer car sharing program administrator's website, and the shared\nvehicle driver shall be advised of the availability of such web-based\nfill-in form when a request for incident information is made pursuant to\nthis subdivision.\n (h) If the shared vehicle driver is physically incapable of completing\nthe report, the requirements of this subdivision shall lapse until after\nhe or she is able to complete the report and is notified that he or she\nshall complete and return the report as required by paragraph (b) of\nthis subdivision.\n (i) The peer-to-peer car sharing program administrator shall, at least\ntwenty days prior to commencing an action against the shared vehicle\ndriver, provide him or her an additional opportunity to complete and\nsubmit the incident report by providing a second notice, along with\nanother incident report form, by certified mail, return receipt\nrequested, and another copy of such notice and report form by regular\nmail, with proof of mailing by production of a certificate of mailing.\nIf such shared vehicle driver sends the peer-to-peer car sharing program\nadministrator a completed incident report within fifteen days of the\nreceipt of the notice, the provisions of this subdivision shall be\ndeemed satisfied.\n 5. (a) A peer-to-peer car sharing program administrator may hold a\nshared vehicle driver liable to the extent permitted under this section\nfor physical or mechanical damage to the shared vehicle that occurs\nduring the time the shared vehicle is used or operated under the\npeer-to-peer car sharing agreement; provided, however, that a shared\nvehicle driver shall not be liable for any normal wear and tear or\nmechanical damage that could reasonably be expected from normal use or\noperation of the vehicle. For the purposes of this subdivision, the term\n"normal wear and tear" shall mean the deterioration of the condition of\nthe vehicle or its component parts due to repetitive use and does not\ninclude damage that materially diminishes the value of the vehicle and\narises from a specific occurrence or accident during the time the shared\nvehicle is subject to the peer-to-peer car sharing agreement; and the\nterm "actual and reasonable costs" shall mean the cost to repair the\nshared vehicle including all discounts and price adjustments available\nto the peer-to-peer car sharing program administrator and shall include\ncosts for towing, storage, and impound fees where applicable.\n (b) The total liability of a shared vehicle driver under paragraph (a)\nof this subdivision for damage to a shared vehicle shall not exceed the\nlesser of:\n (i) the actual and reasonable costs that the peer-to-peer car sharing\nprogram administrator incurred to repair the motor vehicle or that the\npeer-to-peer car sharing program administrator would have incurred if\nthe motor vehicle had been repaired, which shall reflect any discounts,\nprice reductions, or adjustments available to the peer-to-peer car\nsharing program administrator; or\n (ii) the fair market value of the shared vehicle immediately before\nthe damage occurred, as determined in the applicable market for the\nretail sale of the shared vehicle, less any net disposal proceeds.\n (c) The total liability of a shared vehicle driver under paragraph (a)\nof this subdivision for loss of a shared vehicle shall not exceed\nreasonable costs incurred by the peer-to-peer car sharing program\nadministrator for such loss due to theft of such shared vehicle up to\nits fair market value, as determined by the applicable market for the\nretail sale of such vehicle if it is established that such shared\nvehicle driver committed, or aided or abetted in the commission of, the\ntheft of such shared vehicle.\n (d) Damages incurred for the loss of use or operation of a shared\nvehicle and related administrative fees shall not be recovered from any\nshared vehicle driver or his or her insurer.\n (e) A peer-to-peer car sharing program administrator shall not hold a\nshared vehicle driver liable for any amounts that the peer-to-peer car\nsharing program administrator recovers from any other party.\n (f) A peer-to-peer car sharing program administrator shall not collect\nor attempt to collect the amount described in paragraph (b) of this\nsubdivision unless the peer-to-peer car sharing program administrator:\n (i) obtains an estimate from a repair company or an appraiser in the\nbusiness of providing such appraisals regarding the cost of repairing\nsuch shared vehicle;\n (ii) provides a copy of such estimate and photographic evidence upon\nrequest to such shared vehicle driver, as applicable who shall be liable\nunder paragraph (a) of this subdivision, and the insurer of such shared\nvehicle driver; and\n (iii) submits a copy of such estimate with any claim to collect the\namount described in paragraph (b) of this subdivision.\n (g) A claim against a shared vehicle driver resulting from damage or\nloss to a shared vehicle shall be reasonable and reflect the value of\nthe actual damage or loss incurred. A peer-to-peer car sharing program\nadministrator shall mitigate damages where possible and shall not assert\nor collect any claim for physical damage which exceeds the amount\nauthorized under paragraph (b) of this subdivision.\n (h) If insurance coverage exists under an applicable insurance policy\nof the shared vehicle driver, such driver may require that the\npeer-to-peer car sharing program administrator submit any claims to such\ndriver's insurance carrier. Upon the request of a shared vehicle driver,\nthe peer-to-peer car sharing program administrator shall submit any\nclaims to such driver's insurance carrier and shall not make any written\nor oral representations to the contrary, nor shall it make any written\nor oral representations that it shall not negotiate with such driver's\ninsurance carrier.\n 6. (a) No peer-to-peer car sharing program administrator shall collect\nor charge any security deposit by credit card, debit card or otherwise,\nfor damages to a shared vehicle or report the debt to any consumer\nreporting agency, as defined in subdivision (e) of section three hundred\neighty-a of this chapter, during the term of the peer-to-peer car\nsharing program agreement, pending resolution of any dispute, or prior\nto obtaining judgment in a court of competent jurisdiction.\n (b) No peer-to-peer car sharing program administrator shall require a\ndeposit or an advance charge against the credit card or debit card of a\nshared vehicle driver, in any form, for damages to a shared vehicle\nwhich is in the shared vehicle driver's possession or control.\n (c) No peer-to-peer car sharing program administrator shall collect or\ncharge any payment from a shared vehicle driver for damage to a shared\nvehicle upon return or recovery of such vehicle in a damaged condition,\nuntil after the cost of the damage to such vehicle and liability\ntherefor is agreed to between such peer-to-peer car sharing program\nadministrator and a shared vehicle driver or his or her insurer, or is\ndetermined pursuant to law or peer-to-peer car sharing program agreement\nprovisions consistent with law and the rights and obligations set forth\nin this section, unless there is proof corroborating that the damage did\nnot exist prior to the reservation and the damage is appraised by an\nindependent third-party appraiser; provided, however, that a\npeer-to-peer car sharing program administrator is not precluded from\npresenting a claim to a shared vehicle driver and his or her insurer\npursuant to other provisions of this section.\n (d) Causes of action concerning the existence of, liability for, and\nextent and cost of damage to such vehicle shall, where appropriate, be\ncommenced by a peer-to-peer car sharing program administrator in a court\nof competent jurisdiction, in accordance with the limitations and\njurisdiction of the appropriate court act, provided the claimant has\nfirst mailed a demand letter. A demand letter sent by the peer-to-peer\ncar sharing program administrator pursuant to this paragraph shall\ncontain: (i) the name and post office address of such peer-to-peer car\nsharing program administrator, and of its attorney, if any; (ii) the\nnature of such claim; (iii) the time when, the place where and the\nmanner in which such claim arose, if known, or if not known, the time\nwhen and place where the damage was discovered by the shared vehicle\nowner or peer-to-peer car sharing program administrator; and (iv) the\nitems of damage or injuries claimed to have been sustained, accompanied\nby supporting documentation, such as repair bills, invoices and\nestimates in the possession of or available to such peer-to-peer car\nsharing program administrator. Such demand letter shall be served upon\nsuch shared vehicle driver and his or her insurer in a manner reasonably\ndesigned to give actual notice, via regular and certified mail, return\nreceipt requested. Nothing contained herein shall prohibit a\npeer-to-peer car sharing program administrator and a shared vehicle\ndriver or his or her insurer from entering into an agreement after a\nclaim of loss to submit the matter to arbitration or mediation.\n 7. No peer-to-peer car sharing program administrator shall hold any\nshared vehicle driver liable for any damage to, or loss of, a shared\nvehicle, as provided by this section, unless such peer-to-peer car\nsharing program prominently discloses, in the peer-to-peer car sharing\nagreement, in at least twelve point bold face display, the nature and\nextent of such liability and such driver's rights and responsibilities\npursuant to paragraph (c) of subdivision one of this section and\nparagraph (f) of subdivision three of this section.\n 8. A shared vehicle driver shall provide notice to the peer-to-peer\ncar sharing program administrator and appropriate law enforcement agency\nimmediately upon learning of the theft of a shared vehicle.\n