Utah Code 13-48a-301. Car-sharing company assumption of liability for a covered loss — Exception
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(1) Except as provided in Subsection (2), a car-sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing agreement, which amount may not be less than those set forth in Section 31A-22-304.
Terms Used In Utah Code 13-48a-301
- Car-sharing agreement: means an agreement:(2)(a)(i) applicable to a shared vehicle owner and a shared vehicle driver; and(2)(a)(ii) that governs a shared vehicle driver's use of a shared vehicle through a car-sharing program. See Utah Code 13-48a-101
- Car-sharing period: means the period of time that:
(4)(a)(4)(a)(i) begins at the car-sharing delivery period; or(4)(a)(ii) if there is no car-sharing delivery period, begins at the car-sharing start time; and(4)(b) ends at the car-sharing termination time. See Utah Code 13-48a-101- Car-sharing termination time: means the earliest of the following events:
(7)(a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car-sharing agreement, if the shared vehicle is delivered to the location agreed upon in the car-sharing agreement;(7)(b) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a car-sharing program, which alternatively agreed upon location shall be incorporated into the car-sharing agreement; and(7)(c) when the shared vehicle owner or shared vehicle owner's authorized designee takes possession and control of the shared vehicle. See Utah Code 13-48a-101- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Shared vehicle: means a motor vehicle that is available for use by an individual other than the shared vehicle owner through a car-sharing program. See Utah Code 13-48a-101
- Shared vehicle driver: means an individual who has been authorized to drive a shared vehicle by the shared vehicle owner under a car-sharing program. See Utah Code 13-48a-101
- Shared vehicle owner: means :
(12)(a)(i) the registered owner of a motor vehicle made available for car sharing; or(12)(a)(ii) a person designated by the registered owner of a motor vehicle made available for car sharing. See Utah Code 13-48a-101(2) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) does not apply to a shared vehicle owner when:(2)(a) a shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the car-sharing program before the car-sharing period in which the loss occurred; or(2)(b) acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car-sharing agreement.(3) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) would apply to bodily injury, property damage, or personal injury protection losses by damaged third parties required by Section 31A-22-304. - Car-sharing period: means the period of time that: