2023 Delaware Code › Title 21 - Motor Vehicles › Chapter 86. Peer-to-Peer Car Sharing Program Act › § 8603. Insurance coverage during car sharing period.

§ 8603. Insurance coverage during car sharing period.
(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 and 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 the minimum limits set forth in § 2118 of this title.
(b) Notwithstanding the definition of “car sharing termination time” as set forth in § 8602 of this title, the assumption of liability under subsection (a) of this section does not apply to any shared vehicle owner in either of the following circumstances:
(1) 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.
(2) A shared vehicle owner acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of car sharing program agreement.
(c) Notwithstanding the definition of “car sharing termination time” as set forth in § 8602 of this title, the assumption of liability under subsection (a) of this section would apply to bodily injury, property damage, uninsured and underinsured motorist, or personal injury protection losses required by § 2118 of this title.
(d) 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 insurance policy that provides insurance coverage in amounts no less than the minimum amounts set forth in § 2118 of this title and does 1 of the following:
(1) Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program.
(2) Does not exclude use of a shared vehicle by a shared vehicle driver.
(e) The insurance described under subsection (d) of this section may be satisfied by motor vehicle liability insurance maintained by any of the following:
(1) A shared vehicle owner.
(2) A shared vehicle driver.
(3) A peer-to-peer car sharing program.
(4) Any combination of a shared vehicle owner, a shared vehicle driver, or a peer-to-peer car sharing program.
(f) The insurance described in subsection (e) of this section that is satisfying the insurance requirement of subsection (d) of this section shall be primary during each car sharing period. In the event that a claim occurs during the car sharing period in another state with minimum financial responsibility limits higher than those set forth in § 2118 of this title, the coverage maintained under subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
(g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under subsection (d) or (e) of this section shall assume primary liability for a claim in either of the following circumstances:
(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by § 8606 of this title.
(2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under § 8602(5) of this title.
(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (e) 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 (d) of this section beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as set forth in subsection (b) of this section.
(i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim.
(j) Nothing in this section does either of the following:
(1) Limits the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself 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 the peer-to-peer car sharing program to, by contract, seek indemnification 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.
83 Del. Laws, c. 227, § 1;