2023 New York Laws › GBS - General Business › Article 40 - Peer-to-Peer Car Sharing Programs › 902 - Program Liability.

§  902.  Program  liability. 1. Notwithstanding any other provision of
law, or any provision in  a  shared  vehicle  owner's  policy  of  motor
vehicle  liability  insurance,  in the event of a loss, death, or injury
that shall  occur  during  the  peer-to-peer  car  sharing  period,  the
peer-to-peer  car  sharing  program  insurers  providing coverages under
section nine  hundred  one  of  this  article  shall  provide  financial
responsibility  for  any  bodily injury, death, or damage to property in
amounts not to exceed those  stated  in  the  peer-to-peer  car  sharing
program  agreement  and  not less than those amounts required in section
nine hundred one of this  article,  and  the  peer-to-peer  car  sharing
administrator shall retain such liability irrespective of a lapse in the
group  policy  or  any  other  insurance  policy  or  financial security
maintained by the administrator.
2. The insurer or insurers providing group liability insurance to  the
peer-to-peer car sharing program pursuant to section nine hundred one of
this  article  shall be primary during each car sharing period. Provided
however, where: (a) a good faith dispute exists  regarding  who  was  in
control  of  the vehicle when the loss, death, or injury occurred giving
rise to such claim or  whether  the  loss,  death,  or  injury  occurred
outside  of the car sharing period; and (b) the peer-to-peer car sharing
program administrator does not have available, did  not  retain,  or  is
otherwise  unable  to  provide  information  demonstrating  who  was  in
possession or control at the time of  the  loss,  death,  or  injury  or
whether  the  loss, death, or injury occurred outside of the car sharing
period, the shared vehicle owner's private motor vehicle  insurer  shall
indemnify  insurer  or  insurers providing group liability insurance, to
the extent of its obligation under the applicable insurance  policy,  if
it is determined that the loss, death, or injury occurred outside of the
peer-to-peer  car  sharing  period. The peer-to-peer car sharing program
administrator shall notify the shared vehicle  owner's  insurer  of  any
such  dispute  within fifteen days of becoming aware that such a dispute
exists.
3. In the event that the shared vehicle owner or  the  shared  vehicle
owner's  personal  motor  vehicle  insurer  is named as a defendant in a
civil action for a loss, death, or injury that occurs  during  any  time
within  the  peer-to-peer  car  sharing  period,  or otherwise under the
direct and immediate control of a peer-to-peer car sharing program,  the
peer-to-peer  car  sharing  program administrator shall have the duty to
defend and indemnify the shared vehicle owner  and  the  shared  vehicle
owner's  insurer subject to the provisions of this section, section nine
hundred one of this article and  section  three  thousand  four  hundred
fifty-eight of the insurance law.
4.  A  motor  vehicle  liability  insurer who defends or indemnifies a
claim against a shared vehicle which is excluded under the terms of  its
policy   shall   have   the  right  to  seek  contribution  against  the
peer-to-peer car sharing program administrator's insurer, if  the  claim
is  made  against the shared vehicle owner, the shared vehicle driver or
authorized driver for loss, death, or injury which occurs during the car
sharing period.
5. A peer-to-peer car sharing program administrator may  contractually
assume the risk of loss due to physical damage to shared vehicles during
the  time  that  such  shared  vehicles are in the custody of the shared
vehicle driver or  peer-to-peer  car  sharing  program,  and  that  such
assumption of risk:
(a) shall not be deemed to be physical damage insurance;
(b) that the terms of such contractual assumption may provide that the
program  assumes  the  risk  of  physical  damage loss to the vehicle in
excess of a sum certain; and
(c) if the terms of such contractual assumption include  a  separately
itemized  fee  charged  to  the  shared  vehicle  driver  solely for the
contractual assumption of the risk of loss due to physical damage,  then
it shall be provided under the terms set forth in this article.
6.  To the extent not otherwise prohibited by state or federal law, in
a claims coverage investigation,  a  peer-to-peer  car  sharing  program
administrator  shall  cooperate  to  facilitate the exchange of relevant
information with directly involved parties and any insurer of  a  shared
vehicle   owner's   or   shared  vehicle  driver's  participation  in  a
peer-to-peer car sharing program.
7. In addition to  other  remedies  available  at  law,  the  attorney
general  shall  have  authority to enforce this article as authorized by
law, including injunctive and  other  legal  and  equitable  relief  for
non-compliance by a car sharing program administrator or any other party
through civil proceedings.
8. Any provision in a peer-to-peer car sharing agreement designated by
the  courts of another jurisdiction as the exclusive forum for resolving
disputes shall be deemed void as against public policy with  respect  to
the  use of a peer-to-peer car sharing program or shared vehicle in this
state.
9. A peer-to-peer car sharing program administrator shall be deemed to
have received notice of injuries to or death of  persons  or  losses  of
property covered under the insurance and financial security requirements
of  this  article  at the earlier of notice received by the peer-to-peer
car sharing program administrator  or  notice  received  by  the  shared
vehicle  owner. A shared vehicle owner shall promptly give actual notice
to the peer-to-peer car sharing program administrator and its  insurers,
including  notice in the form and manner as required in the peer-to-peer
car sharing agreement, of any injuries to or death of persons or  losses
of   property   potentially  covered  by  insurance  maintained  by  the
peer-to-peer car  sharing  program  administrator.  A  peer-to-peer  car
sharing  program  administrator  or its insurers shall be deemed to have
received  actual  notice  when  a  shared  vehicle  owner  notifies  the
peer-to-peer  car sharing program administrator or its insurers when the
shared vehicle owner provided notice in the form and manner required  in
the peer-to-peer car sharing agreement.
10.  For  purposes of article fifty-one of the insurance law, 11 NYCRR
Part 65 and general liability  claims,  notice  to  the  shared  vehicle
owner,   shared   vehicle   driver,  peer-to-peer  car  sharing  program
administrator or any insurer of the shared vehicle owner, shared vehicle
driver, or peer-to-peer car sharing program administrator of  any  claim
shall  be  deemed  notice  to  all appropriate parties and insurers. Any
shared vehicle owner, shared vehicle driver,  peer-to-peer  car  sharing
program administrator or any insurer of the shared vehicle owner, shared
vehicle  driver,  or  peer-to-peer  car  sharing  program  administrator
receiving such notice shall  provide  such  notice  to  all  appropriate
parties.