NRS 482C.320 Program may file bond or make deposit in lieu of insurance coverage; compensation from bond or deposit; refund of deposit.

626 words·~3 min read·/nv/chapter-482c-peer-to-peer-car-sharing-programs/482c-320

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. In lieu of insurance coverage to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter, a peer-to-peer car sharing program may:

(a)File with the Department a bond of a surety company authorized to transact business in this State in an amount not less than $5,000 conditioned that the peer-to-peer car sharing program will comply with the provisions of this chapter in the operation of the peer-to-peer car sharing program.

(b)Deposit with the Department, under such terms as the Director may prescribe, a like amount of lawful money of the United States or a savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must state that the amount is unavailable for withdrawal except upon order of the Director. Interest earned on the amount accrues to the account of the licensee or applicant.

2. The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

3. The bond must provide that a shared vehicle owner or shared vehicle driver injured by the failure of the licensee to provide the disclosures required by NRS 482C.325 or to otherwise comply with the provisions of this chapter may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and an opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

4. A deposit made pursuant to paragraph

(b)of subsection 1 may be disbursed by the Director, for good cause shown and after notice and an opportunity for hearing, in an amount determined by the Director to compensate a shared vehicle owner or shared vehicle driver for an injury incurred due to the failure of the licensee to provide the disclosures required by NRS 482C.325 or to otherwise comply with the provisions of this chapter, or released upon receipt of:

(a)A court order requiring the Director to release all or a specified portion of the deposit; or

(b)A statement signed by the licensee requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

5. When a deposit is made pursuant to paragraph

(b)of subsection 1, liability under the deposit must be in the amount prescribed by the Department. If the amount of the deposit is reduced or if there is an outstanding court judgment for which the licensee is liable under the deposit, the license as a peer-to-peer car sharing program is automatically suspended. The license must be reinstated if the licensee:

(a)Files an additional bond pursuant to subsection 1;

(b)Restores the deposit with the Department to the original amount required under this section; or

(c)Satisfies the outstanding judgment for which the licensee is liable under the deposit.

6. A deposit made pursuant to paragraph

(b)of subsection 1 may be refunded:

(a)By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

(b)By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.