(A) Except as provided in division (B) of this section, a peer-to-peer car sharing program shall assume liability of a shared vehicle owner for any death, bodily injury, or property damage to a third party or an uninsured or underinsured motorist that is proximately caused by the operation of the shared vehicle during the car sharing period in an amount stated in the peer-to-peer car sharing program agreement. The amount shall be not less than that specified in division (A)(1) of section 4516.10 of the Revised Code.

Terms Used In Ohio Code 4516.09

  • agreement: means an agreement established through the peer-to-peer car sharing program that serves as a contract between the peer-to-peer car sharing program, the shared vehicle owner, and the shared vehicle driver and describes the specific terms and conditions of the agreement, including the car sharing period and the location or locations for transfer of possession. See Ohio Code 4516.01
  • 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, with the car sharing start time, in accordance with the peer-to-peer car sharing program agreement, and ends with the car sharing termination time. See Ohio Code 4516.01
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Peer-to-peer car sharing: means the authorized use of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car sharing program. See Ohio Code 4516.01
  • program: means a person who operates a business platform that connects a shared vehicle owner to a shared vehicle driver to enable the sharing of vehicles for financial consideration. See Ohio Code 4516.01
  • Property: means real and personal property. See Ohio Code 1.59
  • Shared vehicle: means a personal motor vehicle that is registered as a passenger car under Chapter 4503 of the Revised Code or a substantially similar law in another state and that is enrolled in a peer-to-peer car sharing program. See Ohio Code 4516.01
  • Shared vehicle driver: means a person authorized by a shared vehicle owner, in accordance with the terms and conditions of a peer-to-peer car sharing program agreement, to operate a shared vehicle during a car sharing period. See Ohio Code 4516.01
  • Shared vehicle owner: means a registered owner of a shared vehicle or a person designated by the registered owner. See Ohio Code 4516.01

(B) The assumption of liability under division (A) of this section does not apply if either of the following occurs:

(1) The shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the program regarding the shared vehicle owner’s motor-vehicle liability policy, other proof of financial responsibility, or the type or condition of the shared vehicle before the car sharing period in which the loss occurs;

(2) The shared vehicle owner and the shared vehicle driver conspire to have the shared vehicle driver fail to return the shared vehicle, in violation of the terms of the peer-to-peer car sharing agreement.

(C) A peer-to-peer car sharing program shall have either a policy of insurance or a self-insurance mechanism in order to cover its liabilities and obligations under this section and sections 4516.10 and 4516.11 of the Revised Code.

Last updated September 25, 2023 at 9:16 AM

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