SB 904 - This act enacts provisions relating to insurance for certain uses of motor vehicles.PEER-TO-PEER CAR SHARING PROGRAM INSURANCE ACT (Sections 379.1900 to 379.1970)
This act enacts the "Peer-to-Peer Car Sharing Program Insurance Act". Nothing in the act shall be construed to extend beyond insurance or have any implications for any other laws.
The act requires peer-to-peer car sharing programs, as defined in the act, to assume liability for property damage and bodily injury in an amount at least equal to the coverage required under the Motor Vehicle Financial Responsibility Law, as detailed in the act, and specifies certain requirements for insurance coverage and the resolution of coverage disputes. (Section 379.1915).
At the time a vehicle owner registers on a peer-to-peer car sharing program, but before the owner makes a vehicle available for car sharing, the program shall provide notice that participation in the program may violate the terms of a contract with the holders of any liens on the vehicle. (Section 379.1920).
Motor vehicle insurers in this state may exclude any and all coverage under a shared motor vehicle owner's policy of motor vehicle liability insurance. (Section 379.1925).
Under the act, peer-to-peer car sharing programs shall collect and verify certain records pertaining to the use of a vehicle, and provide them upon request to the vehicle owner, vehicle owner's insurer, or the driver's insurer to facilitate the processing of insurance claims, and shall retain the records for a time period not less than the applicable personal injury statute of limitations. (Section 379.1930).
The act provides that peer-to-peer car sharing programs and shared vehicle owners shall be exempt from vicarious liability based solely on vehicle ownership (Section 379.1935), and specifies that motor vehicle insurers shall have the right to seek recovery against the peer-to-peer car sharing program's insurer for defending certain claims (Section 379.1940).
Peer-to-peer car sharing programs shall have an insurable interest in shared vehicles as specified in the act, but are not required to maintain the insurance coverage mandated in the act. (Section 379.1945).
The act outlines certain content peer-to-peer car sharing program agreements are required to include (Section 379.1950), and requires the peer-to-peer car sharing program to verify and keep records of certain information about drivers (Section 379.1955).
Peer-to-peer car sharing programs shall have sole responsibility for any equipment put in or on a vehicle to facilitate a car sharing transaction, and shall hold harmless the vehicle owner for any damage or theft occurring to the equipment during the car sharing period, but may seek compensation from the shared vehicle drivers for the damages or loss. (Section 379.1960).
Lastly, the act specifies parties' responsibilities regarding safety recalls. (Section 379.1965).
These provisions have a delayed effective date of October 1, 2025. (Section B).
These provisions are similar to provisions in HB 1243 (2023).
DELIVERY NETWORK COMPANY INSURANCE ACT (Sections 379.2000 to 379.2025)
This act enacts the "Delivery Network Company Insurance Act". The act does not limit the scope or applicability of federal or state law regarding delivery or transport of goods.
The act details responsibilities of delivery network companies and delivery network company drivers with regard to insurance, including minimum coverage amounts, liability in the event of a lapse in a driver's coverage, payment priority in the event of multiple coverages, and maintaining proof of coverage. The act requires delivery network company drivers to provide certain information in the event of an accident, and requires the drivers and companies to cooperate in claims investigations as specified in the act. A delivery network company's insurer shall assume primary liability for a claim if the company does not have available or fails to provide the information required under the act. A delivery network company shall not be deemed to control, direct, or manage a personal vehicle or delivery network company driver except if agreed to by written contract. (Section 379.2015).
The act requires delivery network companies to make certain disclosures to drivers regarding insurance coverage prior to allowing the drivers to make deliveries. (Section 379.2020). Insurers may exclude coverage for losses occurring during a delivery availability period or delivery service period, as specified in the act, and, if they defend or cover a claim against a delivery network company driver which is excluded under their insurance policy, may seek recovery against the insurer providing the coverage required under the act. (Section 379.2025).
These provisions have a delayed effective date of October 1, 2025.
These provisions are identical to provisions in HB 1243 (2023).
ERIC VANDER WEERD