Louisiana Revised Statutes 45:201.6 – A. A transportation network company driver or a transportation network company on the driver’s behalf shall maintain primary automobile insurance that meets the requirements of this
Terms Used In Louisiana Revised Statutes 45:201.6
- Bodily injury: means claims for general and special damages for personal injury arising under Civil Code Article 2315. See Louisiana Revised Statutes 45:201.4
- Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 45:162
- Dependent: A person dependent for support upon another.
- Digital network: means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. See Louisiana Revised Statutes 45:201.4
- driver: means a person who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee. See Louisiana Revised Statutes 45:201.4
- 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.
- Person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 45:162
- Personal vehicle: means a vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver. See Louisiana Revised Statutes 45:201.4
- Pre-trip acceptance period: means any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 45:201.4
- Prearranged ride: means the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle. See Louisiana Revised Statutes 45:201.4
- Transportation network company: means a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule a prearranged ride. See Louisiana Revised Statutes 45:201.4
- Vehicle: means every device by which any person or property is transported upon the highways of this state, except devices moved by animal power or exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 45:162
A. A transportation network company driver or a transportation network company on the driver’s behalf shall maintain primary automobile insurance that meets the requirements of this Section.
B. Automobile insurance during the pre-trip acceptance period shall:
(1) Be in the amount of not less than fifty thousand dollars for death and bodily injury per person, not less than one hundred thousand dollars for death and bodily injury per incident, and not less than twenty-five thousand dollars for property damage.
(2) Include uninsured and underinsured motorist coverage to the extent required by La. Rev. Stat. 22:1295.
C. Automobile insurance during a prearranged ride shall:
(1) Be in the amount of not less than one million dollars for death, bodily injury, and property damage.
(2) Include uninsured and underinsured motorist coverage to the extent required by La. Rev. Stat. 22:1295.
D.(1) The obligation to maintain the insurance coverage required by this Section may be satisfied by a policy of insurance procured by:
(a) A transportation network company driver.
(b) A transportation network company.
(c) A combination of Subparagraphs (a) and (b) of this Paragraph.
(2) A transportation network company may satisfy its obligations under this Section through a policy of insurance obtained by a participating driver pursuant to Subparagraph (1)(a) or (1)(c) of this Subsection only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver’s use of a vehicle related to a transportation network company’s digital network.
E. Coverage under an automobile insurance policy maintained by a transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurer be required to first deny a claim.
F. If insurance maintained by a transportation network company driver to fulfill the insurance requirements of this Section has lapsed or does not provide the coverage required by this Section, the transportation network company shall provide the coverage required by this Section beginning with the first dollar of a claim and shall have the duty to defend such claim.
G. A policy of insurance procured pursuant to this Section:
(1) Shall recognize that the driver is a transportation network company driver or otherwise uses a personal vehicle to transport riders for compensation and covers the driver during the pre-trip acceptance period, a prearranged ride, or both.
(2) May be placed with an authorized insurer or with a surplus lines insurer, pursuant to La. Rev. Stat. 22:432, that has a rating of no less than an A- from A.M. Best, an A from Demotech, Inc., or a similar rating from another rating agency recognized by the Department of Insurance.
(3) Shall be deemed to satisfy the Motor Vehicle Safety Responsibility Law, La. Rev. Stat. 32:851 et seq.
H. The transportation network company shall file proof of its compliance with the insurance requirements of this Section with any parish or municipality that requires or requests such a filing.
Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2019, No. 286, §1, eff. July 1, 2019.