Utah Code 13-48a-302. Motor vehicle liability insurance
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(1) A 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 insurance policy that provides coverage in amounts no less than the minimum amounts set forth in Section 31A-22-304, and:
Terms Used In Utah Code 13-48a-302
- 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
- Dependent: A person dependent for support upon another.
- Motor vehicle: means the same as that term is defined in Section
41-1a-102 . See Utah Code 13-48a-101- 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) recognizes that the shared vehicle insured under the policy is made available and used through a car-sharing program; or(1)(b) does not exclude use of a shared vehicle by a shared vehicle driver.(2) The insurance described in Subsection (1) may be satisfied by motor vehicle liability insurance maintained by:(2)(a) a shared vehicle owner;(2)(b) a shared vehicle driver;(2)(c) a car-sharing program; or(2)(d) a shared vehicle owner, a shared vehicle driver, and a car-sharing program.(3) The insurance described in Subsection (1) that is satisfying the insurance requirement of Subsection (1) shall be primary during each car-sharing period and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those in Section 31A-22-304, during the car-sharing period, the coverage maintained under Subsection (2) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.(4) The insurer, insurers, or car-sharing program providing coverage under Subsection (1) or (2) shall assume primary liability for a claim when:(4)(a) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the car-sharing program does not have available, did not retain, or fails to provide the information required by Section 13-48a-203; or(4)(b) a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section 13-48a-101.(5) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with Subsection (2) has lapsed or does not provide the required coverage, insurance maintained by the car-sharing program shall provide the coverage required by Subsection (1) beginning with the first dollar of a claim and have the duty to defend the claim except under circumstances set forth in Subsection 13-48a-301(2).(6) Coverage under an automobile insurance policy maintained by the car-sharing program is not dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.