Terms Used In Louisiana Revised Statutes 22:1300.3

  • Car sharing period: means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and, in either case, ends at the car sharing termination time. See Louisiana Revised Statutes 22:1300.2
  • Car sharing program agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
  • Contract: A legal written agreement that becomes binding when signed.
  • Dependent: A person dependent for support upon another.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Peer-to-peer car sharing: means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
  • Peer-to-peer car sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See Louisiana Revised Statutes 22:1300.2
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:

                (a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266

  • Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
  • Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. See Louisiana Revised Statutes 22:1300.2
  • Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2

            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, La. Rev. Stat. 32:851 et seq.

            B. Notwithstanding the definition of “car sharing termination time” as set forth in La. Rev. Stat. 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, La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 32:1251 through 1269.

            Acts 2020, No. 277, §1.

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