                                 CODE OF VIRGINIA

PEER-TO-PEER INSURANCE COVERAGE (§ 46.2-1409)

A. 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 § 38.2-2206 and:

   1. 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

   2. Does not exclude use of a shared vehicle by a shared vehicle driver.

B. 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 &#xA7; 38.2-2206.

C. Notwithstanding the definition of vehicle sharing termination time in §
46.2-1408, the assumption of liability under subsection B does not apply to any
shared vehicle owner when such shared vehicle owner:

   1. 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

   2. 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.

D. The insurance described under subsection A may be satisfied by motor vehicle
liability insurance maintained by:

   1. A shared vehicle owner;

   2. A shared vehicle driver;

   3. A peer-to-peer vehicle sharing platform; or

   4. Any combination of a shared vehicle owner, a shared vehicle driver, and a
   peer-to-peer vehicle sharing platform.

E. 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:

   1. A dispute exists as to who was in control of the shared vehicle at the time
   of the loss; and

   2. The peer-to-peer vehicle sharing platform does not have available, did not
   retain, or fails to provide the information required by &#xA7; 46.2-1413.

F. The vehicle owner&#8217;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&#8217;s owner or his
designee was in control of the shared vehicle at the time of the loss.
			If 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. 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.

H. 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&#8217;s first denying a claim, nor shall another motor
vehicle insurance policy be required to first deny a claim.

I. Nothing in this chapter:

   1. 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

   2. 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.

J. 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.

K. 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&#8217;s possession.
Any further exchange of information shall be covered pursuant to &#xA7;
8.01-417.

HISTORY: 2020, c. 1266.