RS 22:1300.3

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RS 22:1300.3

§1300.3. Insurance coverage during car sharing period

A. A peer-to-peer car sharing program shall assume liability, except as provided in Subsection B of this Section, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured or underinsured motorist or personal injury protection losses during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement which amount may not be less than those set forth in the Motor Vehicle Safety Responsibility Law, R.S. 32:851 et seq.

B. Notwithstanding the definition of "car sharing termination time" as set forth in R.S. 22:1300.2, the assumption of liability pursuant to Subsection A of this Section:

(1)Does not apply to any shared vehicle owner when:

(a)A shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred.

(b)A shared vehicle owner acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.

(2)Does apply to bodily injury, property damage, uninsured or underinsured motorist, or personal injury protection losses sustained by damaged third parties required by the Motor Vehicle Safety Responsibility Law, R.S. 32:851 et seq.

C. A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability policy that provides insurance coverage in amounts equal to or greater than the minimum amounts set forth in R.S. 32:900, and that the policy either:

(1)Specifies that the motor vehicle liability policy provides coverage if the insured vehicle is made available and used by a shared vehicle driver through a peer-to-peer car sharing program.

(2)Does not exclude coverage if the insured vehicle is made available as a shared vehicle and used by a shared vehicle driver in a peer-to-peer car sharing program.

D. The insurance set forth in Subsection C of this Section shall be primary during each car sharing period and satisfied by a motor vehicle liability policy maintained by one of the following:

(1)The shared vehicle owner.

(2)The shared vehicle driver.

(3)The peer-to-peer car sharing program.

(4)Any combinations of the persons described in Paragraphs

(1)through

(3)of this Subsection.

E. The peer-to-peer car sharing program shall assume primary liability for a claim when all of the following criteria are met:

(1)The peer-to-peer car sharing program is providing, in whole or in part, the insurance required pursuant to Subsections C and D of this Section.

(2)A dispute exists as to who was in control of the shared vehicle at the time of the loss.

(3)The peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by R.S. 22:1300.6.

F. The insurer of the shared vehicle shall indemnify the peer-to-peer car sharing program to the extent of its obligation, if any, under the applicable insurance policy, if it is determined that the owner of the shared vehicle 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 pursuant to Subsection D of this Section has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by Subsection C of this Section beginning with the first dollar of a claim and have the duty to defend the claim except under circumstances set forth in R.S. 22:1300.7.

H. Coverage under a motor vehicle liability policy maintained by the peer-to-peer car sharing program is not dependent on whether another motor vehicle insurer first denies a claim nor is another motor vehicle insurer required to first deny a claim.

I. Nothing in this Subpart:

(1)Limits the liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program.

(2)Limits the ability of a peer-to-peer car sharing program to seek indemnification by contract from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.

(3)Limits the applicability of state dealer franchise laws as set forth in R.S. 32:1251 through 1269.

Acts 2020, No. 277, §1.