13-48a-302. Motor vehicle liability insurance.

403 words·~2 min read·/ut/title-13/chapter-48a/13-48a-302

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

Effective 7/1/2023

(1)A 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 insurance policy that provides coverage in amounts no less than the minimum amounts set forth in Section 31A-22-304 , and:

(a)recognizes that the shared vehicle insured under the policy is made available and used through a car-sharing program; or

(b)does not exclude use of a shared vehicle by a shared vehicle driver.

(2)The insurance described in Subsection

(1)may be satisfied by motor vehicle liability insurance maintained by:

(a)a shared vehicle owner;

(b)a shared vehicle driver;

(c)a car-sharing program; or

(d)a shared vehicle owner, a shared vehicle driver, and a car-sharing program.

(3)The insurance described in Subsection

(1)that is satisfying the insurance requirement of Subsection

(1)shall be primary during each car-sharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those in Section 31A-22-304 , during the car-sharing period, the coverage maintained under Subsection

(2)shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.

(4)The insurer, insurers, or car-sharing program providing coverage under Subsection

(1)or

(2)shall assume primary liability for a claim when:

(a)a dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the car-sharing program does not have available, did not retain, or fails to provide the information required by Section 13-48a-203 ; or

(b)a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section 13-48a-101 .

(5)If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with Subsection

(2)has lapsed or does not provide the required coverage, insurance maintained by the car-sharing program shall provide the coverage required by Subsection

(1)beginning with the first dollar of a claim and have the duty to defend the claim except under circumstances set forth in Subsection 13-48a-301(2) .

(6)Coverage under an automobile insurance policy maintained by the car-sharing program is not dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.

Enacted by Chapter 361 , 2023 General Session