Mandatory insurance coverage

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  • (a) The insurance policy required by section 418 of this chapter shall provide that, after judgment against a driver, any person injured or whose property is damaged or the personal representative of any person killed, under the circumstances covered by section 418 and this section, may enforce the judgment, but not exceeding the minimum liability limits required by subsection (c) of said section 418, directly against the insurer either under the provisions of chapter 43, Title 5 of this Code, or by direct suit upon the judgment. For the purposes of this section, the insurer shall be deemed a judgment debtor, along with the driver, under any judgment rendered against such driver, but not exceeding said minimum liability limits. Such policy shall also provide that suit under the provisions of this subsection may be brought and maintained thereon in the Virgin Islands.

  • (b) Nothing contained in this section or section 418 shall affect whatever rights a licensee or his insurer may have to proceed, by subrogation or otherwise, against any person whose negligent or reckless use or operation of a drive-yourself car was the proximate cause of personal or property damage. Nothing contained in this chapter shall be deemed to affect the liability of (1) a licensee for his own conduct or the conduct of his agent, (2) an agent for his own conduct, or (3) the driver for his own conduct.

  • (c) If a rental vehicle driver has any other valid and collectible liability insurance in addition to the mandatory liability insurance policy for rental vehicles required by section 418(c) of this chapter, the minimum mandatory liability insurance policy for rental vehicles shall be secondary to the other insurance. The duty of the minimum mandatory liability insurance policy to respond to a suit or claim arises only when any other applicable insurance coverage does not meet the minimum mandatory liability insurance limits prescribed by title 20, section 418(c). If a rental vehicle driver pays for such additional liability insurance, the application of that policy, including whether it is primary or secondary, will be determined by the rental contract.


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