                                 CODE OF VIRGINIA

TNC INSURANCE (§ 46.2-2099.52)

A. At all times during the operation of a TNC partner vehicle, a transportation
network company or TNC partner shall keep in force TNC insurance as provided in
this section.

B. The following requirements shall apply to TNC insurance from the moment a TNC
partner accepts a prearranged ride request on a transportation network
company&#8217;s digital platform until the TNC partner completes the transaction
on the digital platform or until the prearranged ride is complete, whichever is
later:

   1. TNC insurance shall provide motor vehicle liability coverage. Such coverage
   shall be primary and the minimum amount of liability coverage for death,
   bodily injury, and property damage shall be $1 million.

   2. TNC insurance shall provide uninsured motorist coverage and underinsured
   motorist coverage as required by &#xA7; 38.2-2206. With regard to such
   underinsured motorist coverage that applies solely from the moment a passenger
   enters a TNC partner vehicle until the passenger exits the vehicle, it shall
   be paid without any credit for the bodily injury and property damage coverage
   available for payment, and neither the TNC nor the TNC partner shall elect to
   refuse the change in underinsured motorist coverage pursuant to subsection C
   of &#xA7; 38.2-2202.

   3. The requirements of this subsection may be satisfied by any of the
   following:
   				a. TNC insurance maintained by a TNC partner;
   				b. TNC insurance maintained by a transportation network company; or
   				c. Any combination of subdivisions a and b.
   				A transportation network company may meet its obligations under this
   subsection through a policy obtained by a TNC partner under subdivision a or c
   only if the transportation network company verifies that the policy is
   maintained by the TNC partner.

   4. Insurers providing insurance coverage under this subsection shall have the
   exclusive duty to defend any liability claim, including any claim against a
   TNC partner, arising from an accident occurring within the time periods
   specified in this subsection. Neither the TNC partner&#8217;s nor the vehicle
   owner&#8217;s personal automobile insurance policy shall have the duty to
   defend or indemnify the TNC partner&#8217;s activities in connection with the
   transportation network company, unless the policy expressly provides otherwise
   for the period of time to which this subsection is applicable or the policy
   contains an amendment or endorsement to provide that coverage.

   5. Coverage under a TNC insurance policy shall not be dependent on a personal
   automobile insurance policy first denying a claim, nor shall a personal
   automobile insurance policy be required to first deny a claim.

   6. Nothing in this subsection shall be construed to require a personal
   automobile insurance policy to provide primary or excess coverage. Neither the
   TNC partner&#8217;s nor the vehicle owner&#8217;s personal automobile
   insurance policy shall provide any coverage to the TNC partner, the vehicle
   owner, or any third party, unless the policy expressly provides for that
   coverage during the period of time to which this subsection is applicable or
   the policy contains an amendment or endorsement to provide that coverage.

C. The following requirements shall apply to TNC insurance (i) from the moment a
TNC partner logs on to a transportation network company&#8217;s associated
digital platform until the TNC partner accepts a request to transport a
passenger and (ii) from the moment the TNC partner completes the transaction on
the digital platform or the prearranged ride is complete, whichever is later,
until the TNC partner either accepts another prearranged ride request on the
digital platform or logs off the digital platform:

   1. TNC insurance shall provide motor vehicle liability coverage. Such coverage
   shall be primary and shall provide liability coverage of at least $50,000 per
   person and $100,000 per incident for death and bodily injury and at least
   $25,000 for property damage. TNC insurance shall provide uninsured motorist
   coverage and underinsured motorist coverage as required by &#xA7; 38.2-2206.

   2. The requirements for the coverage required by this subsection may be
   satisfied by any of the following:
   				a. TNC insurance maintained by a TNC partner;
   				b. TNC insurance maintained by a transportation network company that
   provides coverage in the event that a TNC partner&#8217;s insurance policy
   under subdivision a has ceased to exist or has been canceled or in the event
   that the TNC partner does not otherwise maintain TNC insurance; or
   				c. Any combination of subdivisions a and b.
   				A transportation network company may meet its obligations under this
   subsection through a policy obtained by a TNC partner pursuant to subdivision
   a or c only if the transportation network company verifies that the policy is
   maintained by the TNC partner and is specifically written to cover the TNC
   partner&#8217;s use of a vehicle in connection with a transportation network
   company&#8217;s digital platform.

D. In the event that the digital platform becomes inaccessible due to failure or
malfunction while a TNC partner is en route to or transporting a passenger
during a prearranged ride described in subsection B, TNC insurance coverage
shall be presumed to be that required in subdivision B 1 until the passenger
exits the vehicle.

E. In every instance where TNC insurance maintained by a TNC partner to fulfill
the insurance obligations of this section has lapsed or ceased to exist, the
transportation network company shall provide the coverage required by this
section beginning with the first dollar of a claim.

F. This section shall not limit the liability of a transportation network
company arising out of an accident involving a TNC partner in any action for
damages against a transportation network company for an amount above the
required insurance coverage.

G. Any person, or an attorney acting on his behalf, who suffers a loss in an
automobile accident with a reasonable belief that the accident involves a TNC
partner vehicle driven by a TNC partner in connection with a transportation
network company and who provides the transportation network company with the
date, approximate time, and location of the accident, and if available the name
of the TNC partner and if available the accident report, may request in writing
from the transportation network company information relating to the insurance
coverage and the company providing the coverage. The transportation network
company shall respond electronically or in writing within 30 days. The
transportation network company&#8217;s response shall contain the following
information: (i) whether, at the approximate time of the accident, the TNC
partner was logged into the transportation network company&#8217;s digital
platform and, if so logged in, whether a trip request had been accepted or a
passenger was in the TNC partner vehicle; (ii) the name of the insurance carrier
providing primary coverage; and (iii) the identity and last known address of the
TNC partner.

H. No contract, receipt, rule, or regulation shall exempt any transportation
network company from the liability that would exist had no contract been made or
entered into, and no such contract, receipt, rule, or regulation for exemption
from liability for injury or loss occasioned by the neglect or misconduct of
such transportation network company shall be valid. The liability referred to in
this subsection shall mean the liability imposed by law upon a transportation
network company for any loss, damage, or injury to passengers in its custody and
care as a transportation network company.

I. Any insurance required by this section may be placed with an insurer that has
been admitted in Virginia or with an insurer providing surplus lines insurance
as defined in &#xA7; 38.2-4805.2.

J. Any insurance policy required by this section shall satisfy the financial
responsibility requirement for a motor vehicle under &#xA7; 46.2-706 during the
period such vehicle is being operated as a TNC partner vehicle.

K. The Department shall not issue the certificate of fitness required under
&#xA7; 46.2-2099.45 to any transportation network company that has not certified
to the Department that every TNC partner vehicle it has authorized to operate on
its digital platform is covered by an insurance policy that meets the
requirements of this section.

L. Each transportation network company shall keep on file with the Department
proof of an insurance policy maintained by the transportation network company in
accordance with this section. Such proof shall be in a form acceptable to the
Commissioner. A record of the policy shall remain in the files of the Department
six months after the certificate is revoked or suspended for any cause.

M. The Department may suspend a certificate if the certificate holder fails to
comply with the requirements of this section. Any person whose certificate has
been suspended pursuant to this subsection may request a hearing as provided in
subsection D of &#xA7; 46.2-2011.26.

N. In a claims coverage investigation, a transportation network company and its
insurer shall cooperate with insurers involved in the claims coverage
investigation to facilitate the exchange of information, including the dates and
times of any accident involving a TNC partner and the precise times that the TNC
partner logged in and was logged out of the transportation network
company&#8217;s digital platform.

HISTORY: 2015, cc. 2, 3; 2023, cc. 321, 322.