{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1409.html"}],"law_id":79755,"edition_id":1,"section_id":79755,"structure_id":13439,"section_number":"46.2-1409","catch_line":"Peer-to-peer insurance coverage","history":"2020, c. 1266.","full_text":"A\n\nA peer-to-peer vehicle sharing platform shall ensure that at all times during each vehicle sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides uninsured motorist coverage and bodily injury and property damage liability coverage and that provides primary insurance coverage in an amount not less than the applicable financial responsibility limits set forth in this title and in \u00a7 38.2-2206 and:1\n\nContains written recognition that the shared vehicle insured under the policy is made available and used through a peer-to-peer vehicle sharing platform; or2\n\nDoes not exclude use of a shared vehicle by a shared vehicle driver.B\n\nA peer-to-peer vehicle sharing platform shall assume primary liability, except as provided in subsection C, of a shared vehicle owner for bodily injury and property damage to third parties and uninsured motorist losses during the vehicle sharing period in an amount stated in the vehicle sharing platform agreement, which amount shall not be less than the applicable financial responsibility limits set forth in this title and in § 38.2-2206.C\n\nNotwithstanding the definition of vehicle sharing termination time in \u00a7 46.2-1408, the assumption of liability under subsection B does not apply to any shared vehicle owner when such shared vehicle owner:1\n\nPerforms an act, practice, or omission that constitutes fraud or makes an intentional misrepresentation of material fact to the peer-to-peer vehicle sharing platform before the vehicle sharing period in which the loss occurred; or2\n\nActs in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the vehicle sharing platform agreement.D\n\nThe insurance described under subsection A may be satisfied by motor vehicle liability insurance maintained by:1\n\nA shared vehicle owner;2\n\nA shared vehicle driver;3\n\nA peer-to-peer vehicle sharing platform; or4\n\nAny combination of a shared vehicle owner, a shared vehicle driver, and a peer-to-peer vehicle sharing platform.E\n\nThe peer-to-peer vehicle sharing platform shall assume primary liability for a claim when it is in whole or in part providing the insurance required pursuant to subsections A and D and:1\n\nA dispute exists as to who was in control of the shared vehicle at the time of the loss; and2\n\nThe peer-to-peer vehicle sharing platform does not have available, did not retain, or fails to provide the information required by § 46.2-1413.F\n\nThe vehicle owner’s insurer shall indemnify the peer-to-peer vehicle sharing platform to the extent of its obligation under the applicable insurance policy, if it is determined that the shared vehicle’s owner or his designee was in control of the shared vehicle at the time of the loss.\n\t\t\tIf any insurer providing insurance coverage under subsection D pays a claim that it was not obligated to pay, such insurer shall be entitled to indemnification from the insurer of the party that had the obligation to pay the claim.G\n\nIf insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection D has lapsed, has been canceled, or does not provide the required coverage, the insurer providing the insurance maintained by a peer-to-peer vehicle sharing platform shall provide coverage pursuant to subsection A beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances set forth in subsection C.H\n\nCoverage under a motor vehicle liability insurance policy maintained by the peer-to-peer vehicle sharing platform shall not be dependent on another automobile insurer’s first denying a claim, nor shall another motor vehicle insurance policy be required to first deny a claim.I\n\nNothing in this chapter:1\n\nLimits the liability of the peer-to-peer vehicle sharing platform for any act or omission of the peer-to-peer vehicle sharing platform itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer vehicle sharing platform; or2\n\nLimits the ability of the peer-to-peer vehicle sharing platform to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer vehicle sharing platform resulting from a breach of the terms and conditions of the vehicle sharing platform agreement.J\n\nA peer-to-peer vehicle sharing platform shall either provide or offer for sale to the shared vehicle owner or shared vehicle driver collision and other than collision coverage for physical loss to the shared vehicle during the vehicle sharing period. Such coverage shall be in an amount not less than the actual cash value of the shared vehicle.K\n\nAny insurer providing coverage under subsection D, or an individual who suffers a loss arising from the use of a shared vehicle or the attorney for such insurer or individual, or a personal representative of the estate of a decedent who died as a result of a motor vehicle accident involving a shared vehicle if not represented by counsel, and who provides the peer-to-peer vehicle sharing platform with the date, approximate time, and location of the accident and, if available, the name of the shared vehicle owner and, if available, the accident report, may request in writing from the peer-to-peer vehicle sharing platform the identity of any insurer that may have provided coverage and the limits of liability, regardless of whether the insurer contests the applicability of the policy to the claim, and whether, at the approximate time of the accident, the shared vehicle was in a vehicle sharing period. The peer-to-peer vehicle sharing platform shall respond within 30 days with the requested information if such information is in the peer-to-peer vehicle sharing platform’s possession. Any further exchange of information shall be covered pursuant to § 8.01-417.","order_by":null,"text":{"0":{"id":285769,"text":"A peer-to-peer vehicle sharing platform shall ensure that at all times during each vehicle sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides uninsured motorist coverage and bodily injury and property damage liability coverage and that provides primary insurance coverage in an amount not less than the applicable financial responsibility limits set forth in this title and in \u00a7 38.2-2206 and:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":285770,"text":"Contains written recognition that the shared vehicle insured under the policy is made available and used through a peer-to-peer vehicle sharing platform; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":285771,"text":"Does not exclude use of a shared vehicle by a shared vehicle driver.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":285772,"text":"A peer-to-peer vehicle sharing platform shall assume primary liability, except as provided in subsection C, of a shared vehicle owner for bodily injury and property damage to third parties and uninsured motorist losses during the vehicle sharing period in an amount stated in the vehicle sharing platform agreement, which amount shall not be less than the applicable financial responsibility limits set forth in this title and in § 38.2-2206.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":285773,"text":"Notwithstanding the definition of vehicle sharing termination time in \u00a7 46.2-1408, the assumption of liability under subsection B does not apply to any shared vehicle owner when such shared vehicle owner:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":285774,"text":"Performs an act, practice, or omission that constitutes fraud or makes an intentional misrepresentation of material fact to the peer-to-peer vehicle sharing platform before the vehicle sharing period in which the loss occurred; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":285775,"text":"Acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the vehicle sharing platform agreement.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":285776,"text":"The insurance described under subsection A may be satisfied by motor vehicle liability insurance maintained by:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"8":{"id":285777,"text":"A shared vehicle owner;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":285778,"text":"A shared vehicle driver;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"10":{"id":285779,"text":"A peer-to-peer vehicle sharing platform; or","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"11":{"id":285780,"text":"Any combination of a shared vehicle owner, a shared vehicle driver, and a peer-to-peer vehicle sharing platform.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"12":{"id":285781,"text":"The peer-to-peer vehicle sharing platform shall assume primary liability for a claim when it is in whole or in part providing the insurance required pursuant to subsections A and D and:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"E1"},"13":{"id":285782,"text":"A dispute exists as to who was in control of the shared vehicle at the time of the loss; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"14":{"id":285783,"text":"The peer-to-peer vehicle sharing platform does not have available, did not retain, or fails to provide the information required by § 46.2-1413.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"15":{"id":285784,"text":"The vehicle owner’s insurer shall indemnify the peer-to-peer vehicle sharing platform to the extent of its obligation under the applicable insurance policy, if it is determined that the shared vehicle’s owner or his designee was in control of the shared vehicle at the time of the loss.\n\t\t\tIf any insurer providing insurance coverage under subsection D pays a claim that it was not obligated to pay, such insurer shall be entitled to indemnification from the insurer of the party that had the obligation to pay the claim.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"16":{"id":285785,"text":"If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection D has lapsed, has been canceled, or does not provide the required coverage, the insurer providing the insurance maintained by a peer-to-peer vehicle sharing platform shall provide coverage pursuant to subsection A beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances set forth in subsection C.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":285786,"text":"Coverage under a motor vehicle liability insurance policy maintained by the peer-to-peer vehicle sharing platform shall not be dependent on another automobile insurer’s first denying a claim, nor shall another motor vehicle insurance policy be required to first deny a claim.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":285787,"text":"Nothing in this chapter:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"19":{"id":285788,"text":"Limits the liability of the peer-to-peer vehicle sharing platform for any act or omission of the peer-to-peer vehicle sharing platform itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer vehicle sharing platform; or","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"20":{"id":285789,"text":"Limits the ability of the peer-to-peer vehicle sharing platform to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer vehicle sharing platform resulting from a breach of the terms and conditions of the vehicle sharing platform agreement.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"J"},"21":{"id":285790,"text":"A peer-to-peer vehicle sharing platform shall either provide or offer for sale to the shared vehicle owner or shared vehicle driver collision and other than collision coverage for physical loss to the shared vehicle during the vehicle sharing period. Such coverage shall be in an amount not less than the actual cash value of the shared vehicle.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I2","next_prefix":"K"},"22":{"id":285791,"text":"Any insurer providing coverage under subsection D, or an individual who suffers a loss arising from the use of a shared vehicle or the attorney for such insurer or individual, or a personal representative of the estate of a decedent who died as a result of a motor vehicle accident involving a shared vehicle if not represented by counsel, and who provides the peer-to-peer vehicle sharing platform with the date, approximate time, and location of the accident and, if available, the name of the shared vehicle owner and, if available, the accident report, may request in writing from the peer-to-peer vehicle sharing platform the identity of any insurer that may have provided coverage and the limits of liability, regardless of whether the insurer contests the applicability of the policy to the claim, and whether, at the approximate time of the accident, the shared vehicle was in a vehicle sharing period. The peer-to-peer vehicle sharing platform shall respond within 30 days with the requested information if such information is in the peer-to-peer vehicle sharing platform’s possession. Any further exchange of information shall be covered pursuant to § 8.01-417.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":13439,"edition_id":1,"name":"Peer-to-Peer Vehicle Sharing","identifier":"14.1","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":230143,"object_type":"structure","relational_id":13439,"identifier":"14.1","token":"46.2\/III\/14.1","url":"\/46.2\/III\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78224,"structure_id":13439,"section_number":"46.2-1408","catch_line":"Definitions","url":"\/46.2-1408\/","token":"46.2\/III\/14.1\/46.2-1408","metadata":false},{"id":79755,"structure_id":13439,"section_number":"46.2-1409","catch_line":"Peer-to-peer insurance coverage","url":"\/46.2-1409\/","token":"46.2\/III\/14.1\/46.2-1409","metadata":false},{"id":66140,"structure_id":13439,"section_number":"46.2-1410","catch_line":"Exemption: vicarious liability","url":"\/46.2-1410\/","token":"46.2\/III\/14.1\/46.2-1410","metadata":false},{"id":72752,"structure_id":13439,"section_number":"46.2-1411","catch_line":"Notification of implications of lien","url":"\/46.2-1411\/","token":"46.2\/III\/14.1\/46.2-1411","metadata":false},{"id":72083,"structure_id":13439,"section_number":"46.2-1412","catch_line":"Insurable interest","url":"\/46.2-1412\/","token":"46.2\/III\/14.1\/46.2-1412","metadata":false},{"id":86696,"structure_id":13439,"section_number":"46.2-1413","catch_line":"Recordkeeping: use of vehicle in vehicle sharing","url":"\/46.2-1413\/","token":"46.2\/III\/14.1\/46.2-1413","metadata":false},{"id":66612,"structure_id":13439,"section_number":"46.2-1414","catch_line":"Consumer protections; disclosures","url":"\/46.2-1414\/","token":"46.2\/III\/14.1\/46.2-1414","metadata":false},{"id":78833,"structure_id":13439,"section_number":"46.2-1415","catch_line":"Automobile safety recalls","url":"\/46.2-1415\/","token":"46.2\/III\/14.1\/46.2-1415","metadata":false},{"id":54401,"structure_id":13439,"section_number":"46.2-1416","catch_line":"Operation at airports","url":"\/46.2-1416\/","token":"46.2\/III\/14.1\/46.2-1416","metadata":false},{"id":61498,"structure_id":13439,"section_number":"46.2-1417","catch_line":"Responsibility for equipment","url":"\/46.2-1417\/","token":"46.2\/III\/14.1\/46.2-1417","metadata":false},{"id":71134,"structure_id":13439,"section_number":"46.2-1418","catch_line":"No limitation on other authority","url":"\/46.2-1418\/","token":"46.2\/III\/14.1\/46.2-1418","metadata":false}],"previous_section":{"id":78224,"structure_id":13439,"section_number":"46.2-1408","catch_line":"Definitions","url":"\/46.2-1408\/","token":"46.2\/III\/14.1\/46.2-1408","metadata":false},"next_section":{"id":66140,"structure_id":13439,"section_number":"46.2-1410","catch_line":"Exemption: vicarious liability","url":"\/46.2-1410\/","token":"46.2\/III\/14.1\/46.2-1410","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1409\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1266<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"},{"id":78224,"section_number":"46.2-1408","catch_line":"Definitions","order_by":null,"url":"\/46.2-1408\/"},{"id":63768,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","order_by":null,"url":"\/8.01-417\/"}],"permalink":{"id":230149,"object_type":"law","relational_id":79755,"identifier":"46.2-1409","token":"46.2\/III\/14.1\/46.2-1409","url":"\/46.2-1409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1409\/","token":"46.2\/III\/14.1\/46.2-1409","dublin_core":{"Title":"Peer-to-peer insurance coverage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A peer-to-peer vehicle sharing<\/span> platform<\/span> shall ensure that at all times during each vehicle sharing period<\/span> the shared vehicle owner<\/span> and the shared vehicle driver<\/span> are insured under a motor vehicle<\/span> liability insurance policy that provides uninsured motorist coverage and bodily injury and property damage liability coverage and that provides primary insurance coverage in an amount not less than the applicable financial responsibility<\/span> limits set forth in this title and in \u00a7 38.2-2206<\/a> and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Contains written recognition that the shared vehicle insured under the policy is made available and used through a peer-to-peer vehicle sharing<\/span> platform<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Does not exclude use of a shared vehicle by a shared vehicle driver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A peer-to-peer vehicle sharing<\/span> platform<\/span> shall assume primary liability, except as provided in subsection C, of a shared vehicle owner<\/span> for bodily injury and property damage to third parties and uninsured motorist losses during the vehicle sharing period<\/span> in an amount stated in the vehicle sharing platform agreement<\/span>, which amount shall not be less than the applicable financial responsibility<\/span> limits set forth in this title and in § 38.2-2206<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the definition of vehicle sharing termination time<\/span> in \u00a7 46.2-1408<\/a>, the assumption of liability under subsection B does not apply to any shared vehicle owner<\/span> when such shared vehicle owner<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Performs an act, practice, or omission that constitutes fraud<\/span> or makes an intentional misrepresentation of material<\/span> fact<\/span> to the peer-to-peer vehicle sharing<\/span> platform<\/span> before the vehicle sharing period<\/span> in which the loss occurred; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Acts in concert with a shared vehicle driver<\/span> who fails to return the shared vehicle pursuant to the terms of the vehicle sharing platform agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The insurance described under subsection A may be satisfied by motor vehicle<\/span> liability insurance maintained by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A shared vehicle owner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A shared vehicle driver<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A peer-to-peer vehicle sharing<\/span> platform<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any combination of a shared vehicle owner<\/span>, a shared vehicle driver<\/span>, and a peer-to-peer vehicle sharing<\/span> platform<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The peer-to-peer vehicle sharing<\/span> platform<\/span> shall assume primary liability for a claim when it is in whole or in part providing the insurance required pursuant to subsections A and D and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A dispute exists as to who was in control of the shared vehicle at the time of the loss; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The peer-to-peer vehicle sharing<\/span> platform<\/span> does not have available, did not retain, or fails to provide the information required by § 46.2-1413<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The vehicle owner’s insurer shall indemnify the peer-to-peer vehicle sharing<\/span> platform<\/span> to the extent of its obligation under the applicable insurance policy, if it is determined that the shared vehicle’s owner or his designee was in control of the shared vehicle at the time of the loss.\n\t\t\tIf any insurer providing insurance coverage under subsection D pays a claim that it was not obligated to pay, such insurer shall be entitled to indemnification from the insurer of the party<\/span> that had the obligation to pay the claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If insurance maintained by a shared vehicle owner<\/span> or shared vehicle driver<\/span> in accordance with subsection D has lapsed, has been canceled, or does not provide the required coverage, the insurer providing the insurance maintained by a peer-to-peer vehicle sharing<\/span> platform<\/span> shall provide coverage pursuant to subsection A beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances set forth in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Coverage under a motor vehicle<\/span> liability insurance policy maintained by the peer-to-peer vehicle sharing<\/span> platform<\/span> shall not be dependent on another automobile insurer’s first denying a claim, nor shall another motor vehicle<\/span> insurance policy be required to first deny a claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this chapter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Limits the liability of the peer-to-peer vehicle sharing<\/span> platform<\/span> for any act or omission of the peer-to-peer vehicle sharing<\/span> platform<\/span> itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer vehicle sharing<\/span> platform<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Limits the ability of the peer-to-peer vehicle sharing<\/span> platform<\/span> to, by contract<\/span>, seek indemnification from the shared vehicle owner<\/span> or the shared vehicle driver<\/span> for economic loss sustained by the peer-to-peer vehicle sharing<\/span> platform<\/span> resulting from a breach of the terms and conditions of the vehicle sharing platform agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A peer-to-peer vehicle sharing<\/span> platform<\/span> shall either provide or offer for sale to the shared vehicle owner<\/span> or shared vehicle driver<\/span> collision and other than collision coverage for physical loss to the shared vehicle during the vehicle sharing period<\/span>. Such coverage shall be in an amount not less than the actual cash value of the shared vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any insurer providing coverage under subsection D, or an individual who suffers a loss arising from the use of a shared vehicle or the attorney for such insurer or individual, or a personal representative of the estate of a decedent who died as a result of a motor vehicle<\/span> accident involving a shared vehicle if not represented by counsel<\/span>, and who provides the peer-to-peer vehicle sharing<\/span> platform<\/span> with the date, approximate time, and location of the accident and, if available, the name of the shared vehicle owner<\/span> and, if available, the accident report, may request in writing from the peer-to-peer vehicle sharing<\/span> platform<\/span> the identity of any insurer that may have provided coverage and the limits of liability, regardless of whether the insurer contests the applicability of the policy to the claim, and whether, at the approximate time of the accident, the shared vehicle was in a vehicle sharing period<\/span>. The peer-to-peer vehicle sharing<\/span> platform<\/span> shall respond within 30 days with the requested information if such information is in the peer-to-peer vehicle sharing<\/span> platform<\/span>’s possession<\/span>. Any further exchange of information shall be covered pursuant to § 8.01-417<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPEER-TO-PEER INSURANCE COVERAGE (\u00a7 46.2-1409)\n\nA. A peer-to-peer vehicle sharing platform shall ensure that at all times during\neach vehicle sharing period the shared vehicle owner and the shared vehicle\ndriver are insured under a motor vehicle liability insurance policy that\nprovides uninsured motorist coverage and bodily injury and property damage\nliability coverage and that provides primary insurance coverage in an amount not\nless than the applicable financial responsibility limits set forth in this title\nand in \u00a7 38.2-2206 and:\n\n 1. Contains written recognition that the shared vehicle insured under the\n policy is made available and used through a peer-to-peer vehicle sharing\n platform; or\n\n 2. Does not exclude use of a shared vehicle by a shared vehicle driver.\n\nB. A peer-to-peer vehicle sharing platform shall assume primary liability,\nexcept as provided in subsection C, of a shared vehicle owner for bodily injury\nand property damage to third parties and uninsured motorist losses during the\nvehicle sharing period in an amount stated in the vehicle sharing platform\nagreement, which amount shall not be less than the applicable financial\nresponsibility limits set forth in this title and in § 38.2-2206.\n\nC. Notwithstanding the definition of vehicle sharing termination time in \u00a7\n46.2-1408, the assumption of liability under subsection B does not apply to any\nshared vehicle owner when such shared vehicle owner:\n\n 1. Performs an act, practice, or omission that constitutes fraud or makes an\n intentional misrepresentation of material fact to the peer-to-peer vehicle\n sharing platform before the vehicle sharing period in which the loss occurred;\n or\n\n 2. Acts in concert with a shared vehicle driver who fails to return the shared\n vehicle pursuant to the terms of the vehicle sharing platform agreement.\n\nD. The insurance described under subsection A may be satisfied by motor vehicle\nliability insurance maintained by:\n\n 1. A shared vehicle owner;\n\n 2. A shared vehicle driver;\n\n 3. A peer-to-peer vehicle sharing platform; or\n\n 4. Any combination of a shared vehicle owner, a shared vehicle driver, and a\n peer-to-peer vehicle sharing platform.\n\nE. The peer-to-peer vehicle sharing platform shall assume primary liability for\na claim when it is in whole or in part providing the insurance required pursuant\nto subsections A and D and:\n\n 1. A dispute exists as to who was in control of the shared vehicle at the time\n of the loss; and\n\n 2. The peer-to-peer vehicle sharing platform does not have available, did not\n retain, or fails to provide the information required by § 46.2-1413.\n\nF. The vehicle owner’s insurer shall indemnify the peer-to-peer vehicle\nsharing platform to the extent of its obligation under the applicable insurance\npolicy, if it is determined that the shared vehicle’s owner or his\ndesignee was in control of the shared vehicle at the time of the loss.\n\t\t\tIf any insurer providing insurance coverage under subsection D pays a claim\nthat it was not obligated to pay, such insurer shall be entitled to\nindemnification from the insurer of the party that had the obligation to pay the\nclaim.\n\nG. If insurance maintained by a shared vehicle owner or shared vehicle driver in\naccordance with subsection D has lapsed, has been canceled, or does not provide\nthe required coverage, the insurer providing the insurance maintained by a\npeer-to-peer vehicle sharing platform shall provide coverage pursuant to\nsubsection A beginning with the first dollar of a claim and shall have the duty\nto defend such claim except under circumstances set forth in subsection C.\n\nH. Coverage under a motor vehicle liability insurance policy maintained by the\npeer-to-peer vehicle sharing platform shall not be dependent on another\nautomobile insurer’s first denying a claim, nor shall another motor\nvehicle insurance policy be required to first deny a claim.\n\nI. Nothing in this chapter:\n\n 1. Limits the liability of the peer-to-peer vehicle sharing platform for any\n act or omission of the peer-to-peer vehicle sharing platform itself that\n results in injury to any person as a result of the use of a shared vehicle\n through a peer-to-peer vehicle sharing platform; or\n\n 2. Limits the ability of the peer-to-peer vehicle sharing platform to, by\n contract, seek indemnification from the shared vehicle owner or the shared\n vehicle driver for economic loss sustained by the peer-to-peer vehicle sharing\n platform resulting from a breach of the terms and conditions of the vehicle\n sharing platform agreement.\n\nJ. A peer-to-peer vehicle sharing platform shall either provide or offer for\nsale to the shared vehicle owner or shared vehicle driver collision and other\nthan collision coverage for physical loss to the shared vehicle during the\nvehicle sharing period. Such coverage shall be in an amount not less than the\nactual cash value of the shared vehicle.\n\nK. Any insurer providing coverage under subsection D, or an individual who\nsuffers a loss arising from the use of a shared vehicle or the attorney for such\ninsurer or individual, or a personal representative of the estate of a decedent\nwho died as a result of a motor vehicle accident involving a shared vehicle if\nnot represented by counsel, and who provides the peer-to-peer vehicle sharing\nplatform with the date, approximate time, and location of the accident and, if\navailable, the name of the shared vehicle owner and, if available, the accident\nreport, may request in writing from the peer-to-peer vehicle sharing platform\nthe identity of any insurer that may have provided coverage and the limits of\nliability, regardless of whether the insurer contests the applicability of the\npolicy to the claim, and whether, at the approximate time of the accident, the\nshared vehicle was in a vehicle sharing period. The peer-to-peer vehicle sharing\nplatform shall respond within 30 days with the requested information if such\ninformation is in the peer-to-peer vehicle sharing platform’s possession.\nAny further exchange of information shall be covered pursuant to §\n8.01-417.\n\nHISTORY: 2020, c. 1266.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}