A. A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts set forth in Section 7-600 et seq. of Title 47 of the Oklahoma Statutes, and:
1. Recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
2. Does not exclude use of a shared vehicle by a shared vehicle driver.
B. The insurance required under subsection A of this section 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 car sharing program; or
4. Any combination of a shared vehicle owner, a shared vehicle driver and a peer-to-peer car sharing program.
C. The insurance required in subsection B of this section, that is satisfying the requirement of subsection A of this section, shall be primary during each car sharing period, and in the event that a claim occurs in another state with minimum financial responsibility limits higher than those provided pursuant to Section 7-600 et seq. of Title 47 of the Oklahoma Statutes, during the car sharing period, the coverage maintained under subsection E of this section shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
D. The insurer, insurers, or peer-to-peer car sharing program providing coverage under subsection A or B of this section shall assume primary liability for a claim when:
1. A dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to provide the information required by Section 5 of this act; or
2. A dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location as required under Section 2 of this act.
E. If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection B of this section has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by subsection A of this section beginning with the first dollar of a claim and shall have the duty to defend such claim except under circumstances as set forth in subsection B of Section 3 of this act.
F. Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.
G. Nothing in the Peer-to-Peer Car Sharing Program Act shall:
1. Limit the liability of the peer-to-peer car sharing program for any act or omission of the program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program; or
2. Limit the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
Added by Laws 2021, c. 280, § 4, eff. Nov. 1, 2021.