Sec. 15. (a) A shared vehicle that is the subject of a shared vehicle agreement must be insured during a vehicle sharing period by a motor vehicle insurance policy that is maintained by any of the following:

(1) The shared vehicle owner.

Terms Used In Indiana Code 24-4-9.2-15

  • motor vehicle insurance policy: means an insurance policy that provides:

    Indiana Code 24-4-9.2-2

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • shared vehicle: means a vehicle that a shared vehicle owner has made available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. See Indiana Code 24-4-9.2-6
  • shared vehicle agreement: means a written contract:

    Indiana Code 24-4-9.2-11

  • shared vehicle driver: means a person who:

    Indiana Code 24-4-9.2-7

  • shared vehicle owner: means an individual who makes a shared vehicle available for P2P vehicle sharing with a shared vehicle driver through a P2P vehicle sharing program. See Indiana Code 24-4-9.2-8
  • vehicle sharing period: means a period beginning with:

    Indiana Code 24-4-9.2-12

(2) The shared vehicle driver.

(3) The P2P vehicle sharing program.

(4) Any combination of the persons described in subdivisions (1) through (3).

     (b) A motor vehicle insurance policy described in subsection (a) must:

(1) provide coverage in an amount equal to or greater than the minimum amounts required by IC 9-25-4-5; and

(2) be issued by one (1) of the following:

(A) An insurance company granted a certificate of authority to engage in insurance business in Indiana under IC 27-1-3-20.

(B) A surplus lines insurer through a surplus lines producer licensed under IC 27-1-15.8.

     (c) A P2P vehicle sharing program must ensure that during each vehicle sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle insurance policy that:

(1) either:

(A) specifies that the motor vehicle insurance policy provides coverage if the insured vehicle is made available and used in a P2P vehicle sharing program; or

(B) does not exclude coverage if the insured vehicle is used as a shared vehicle; and

(2) provides coverage in an amount equal to or greater than the minimum amounts required under IC 9-25-4-5.

     (d) The insurance described in subsection (a) that is satisfying the insurance requirement shall be primary during each vehicle sharing period.

     (e) The P2P vehicle sharing program shall assume primary liability for a claim when:

(1) it is in whole or in part providing the insurance required under subsection (a);

(2) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss; and

(3) the P2P vehicle sharing program does not have available, did not retain, or fails to provide the information required by section 17 of this chapter.

     (f) The shared vehicle’s insurer shall indemnify the P2P vehicle sharing program to the extent of its obligation, if any, under the applicable insurance policy, if it is determined the shared vehicle’s owner 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 in subsection (a) has lapsed or does not provide the required coverage, insurance maintained by a P2P vehicle sharing program shall provide the coverage required by subsection (c) beginning with the first dollar of a claim and have the duty to defend such claim.

     (h) Coverage under a motor vehicle insurance policy maintained by the P2P vehicle sharing program does not depend on whether a personal motor vehicle insurer first denies a claim and does not require a personal motor vehicle insurer to first deny a claim.

As added by P.L.253-2019, SEC.3.

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