(a) Except as provided in subsection (b) of this section, a peer-to-peer car sharing company shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties, or uninsured and underinsured motorist or personal injury protection losses, during the car sharing period in an amount stated in the peer-to-peer car sharing agreement, but not less than the minimum amounts required by subsection (a) of section 14-112.
(b) The assumption of liability under subsection (a) of this section shall not apply to any shared vehicle owner who: (1) Makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing company or on the car sharing platform before the car sharing period in which the liability arose; or (2) acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the car sharing agreement.
(c) A peer-to-peer car sharing company shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under an automobile liability insurance policy that: (1) Provides insurance coverage in amounts not less than the minimum amounts required by subsection (a) of section 14-112; and (2) recognizes that the shared vehicle insured under the policy is made available and used through a car sharing platform, or does not exclude the use of a shared vehicle by a shared vehicle driver.
(d) The coverage requirements of subsection (c) of this section may be satisfied by an automobile liability insurance maintained by the shared vehicle owner, the shared vehicle driver, the peer-to-peer car sharing company or the shared vehicle owner, the shared vehicle driver and the peer-to-peer car sharing company.
(e) The automobile liability insurance maintained pursuant to subsection (d) of this section shall assume primary liability for a claim:
(1) During each car sharing period;
(2) When a dispute exists as to who was in control of the shared vehicle at the time of the loss and the peer-to-peer car sharing company does not have available, did not retain or fails to provide the information required by section 13b-127d that relates to the claim; or
(3) When a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as communicated through the car sharing platform and incorporated into the car sharing agreement.
(f) If a claim occurs during the car sharing period in another state with minimum financial responsibility requirements that are higher than the minimum amounts required by subsection (a) of section 14-112, the automobile liability insurance policy maintained pursuant to subsection (d) of this section shall provide coverage to satisfy the minimum amounts required by the other state, up to the applicable policy limits.
(g) If an automobile liability insurance policy maintained by a shared vehicle owner or shared vehicle driver has lapsed or does not provide the coverage required pursuant to subsection (c) of this section, the peer-to-peer car sharing company's automobile liability insurance policy shall provide such coverage, beginning with the first dollar of a claim, and the insurance company issuing such policy shall have the duty to defend a claim except under circumstances as set forth in subsection (b) of this section.
(h) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing company shall not be contingent on another automobile insurance company first denying a claim, nor shall such other insurance company be required to first deny a claim.
(i) Nothing in this section shall:
(1) Limit the liability of the peer-to-peer car sharing company for any act or omission of the company that results in bodily injury to any person as a result of the use of a shared vehicle through a car sharing platform; or
(2) Limit the ability of the peer-to-peer car sharing company to contract for indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the company resulting from a breach of the terms and conditions of the car sharing agreement.
(P.A. 21-106, S. 53.)
History: P.A. 21-106 effective January 1, 2022.
Structure Connecticut General Statutes
Chapter 244d - Peer-to-Peer Car Sharing
Section 13b-127. - Definitions.
Section 13b-127a. - Automobile liability insurance requirements.
Section 13b-127b. - Notification by peer-to-peer car sharing company to shared vehicle owner.
Section 13b-127d. - Peer-to-peer car sharing company records.
Section 13b-127e. - Vicarious liability.
Section 13b-127f. - Insurance company right to seek recovery.
Section 13b-127g. - Peer-to-peer car sharing company insurable interest.
Section 13b-127h. - Car sharing agreement.
Section 13b-127j. - Peer-to-peer car sharing company responsible for certain equipment.
Section 13b-127k. - Shared vehicle subject to safety recall.
Section 13b-127l. - Peer-to-peer car sharing at Bradley International Airport pursuant to agreement.