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(g) “Peer-to-peer motor vehicle sharing program” means a business platform
17that connects motor vehicle owners with individuals to enable the authorized use of
18a motor vehicle by an individual other than the owner for financial consideration.
19A “peer-to-peer motor vehicle sharing program” is not an establishment primarily
20engaged in the short-term rental of passenger cars without drivers under s. 77.99,
21an establishment primarily engaged in the short-term rental of vehicles without
22drivers under s. 77.995, or a rental company, as defined in s. 344.57 (6).
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(h) “Shared vehicle driver” means an individual who is authorized to drive a
24shared motor vehicle under a motor vehicle sharing agreement through a
1peer-to-peer motor vehicle sharing program and who is not the shared vehicle
2owner.
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(i) “Shared vehicle owner” means the registered owner, or a person or entity
4designated by the registered owner, of a motor vehicle that is available for sharing
5through a peer-to-peer motor vehicle sharing program. A “shared vehicle owner”
6is not an establishment primarily engaged in the short-term rental of passenger cars
7without drivers under s. 77.99, an establishment primarily engaged in the
8short-term rental of vehicles without drivers under s. 77.995, or a rental company,
9as defined in s. 344.57 (6).
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10(2) Insurance coverage during sharing. (a) A peer-to-peer motor vehicle
11sharing program shall, except as provided in par. (b), assume liability of a shared
12vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
13and underinsured motorist or personal injury protection losses, in amounts stated
14in the motor vehicle sharing agreement that are no less than the amounts specified
15in s. 344.33 (2) during the motor vehicle sharing duration.
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(b) Notwithstanding the definition of motor vehicle sharing termination time,
17the assumption of liability under par. (a) does not apply to any shared vehicle owner
18when any of the following occurs:
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1. A shared vehicle owner makes an intentional or fraudulent material
20misrepresentation or omission to the peer-to-peer motor vehicle sharing program
21before the motor vehicle sharing duration in which the loss occurred.
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2. The shared vehicle owner acts in concert with a shared vehicle driver who
23fails to return the shared vehicle pursuant to the terms of motor vehicle sharing
24agreement.
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1(c) Notwithstanding the definition of motor vehicle sharing termination time,
2the assumption of liability under par. (a) applies to bodily injury, property damage,
3and uninsured and underinsured motorist or personal injury protection losses by
4damaged 3rd parties as required by s. 344.33 (2).
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(d) A peer-to-peer motor vehicle sharing program shall ensure that, during
6each motor vehicle sharing duration, the shared vehicle owner and the shared
7vehicle driver are insured under a motor vehicle liability insurance policy that
8provides insurance coverage in amounts no less than the minimum amounts set forth
9in s. 344.33 (2) and satisfies any of the following:
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1. Recognizes that the shared vehicle insured under the policy is made
11available and used through a peer-to-peer motor vehicle sharing program.
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2. Does not exclude use of a shared motor vehicle by a shared vehicle driver.
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(e) The insurance described under par. (d) may be satisfied by motor vehicle
14liability insurance maintained by any of the following:
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1. A shared vehicle owner.
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2. A shared vehicle driver.
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3. A peer-to-peer motor vehicle sharing program.
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4. Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer
19motor vehicle sharing program.
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(f) The insurance policy described in par. (e) that is satisfying the insurance
21requirement of par. (d) shall be primary during each motor vehicle sharing duration
22and in the event that a claim occurs in another state with minimum financial
23responsibility limits higher than the amounts specified in s. 344.33 (2), during the
24motor vehicle sharing duration, the coverage maintained under par. (e) shall satisfy
25the difference in minimum coverage amounts, up to the applicable policy limits.
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1(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
2providing coverage under pars. (d) and (e) shall assume primary coverage if any of
3the following applies:
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1. A dispute exists as to who was in control of the shared motor vehicle at the
5time of the loss, and the peer-to-peer motor vehicle sharing program does not have
6available, does not retain, or fails to provide the information specified under sub. (9).
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2. A dispute exists as to whether the shared vehicle was returned to an
8alternatively agreed upon location specified in the motor vehicle sharing agreement.
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(h) If insurance maintained by a shared vehicle owner or shared vehicle driver
10in accordance with par. (e) has lapsed or does not provide the coverage required, then
11insurance maintained by the peer-to-peer motor vehicle sharing program shall
12provide the coverage required under par. (d) beginning with the first dollar of the
13claim and shall have the duty to defend the claim except under circumstances
14described in par. (b).
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(i) Coverage under an automobile insurance policy maintained by the
16peer-to-peer motor vehicle sharing program may not be dependent on another
17automobile insurer first denying a claim nor shall another automobile insurance
18policy be required to first deny a claim.
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(j) Nothing in this section does any of the following:
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1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
21act or omission of the peer-to-peer motor vehicle sharing program itself that results
22in injury to any person as a result of the use of a shared vehicle through the
23peer-to-peer motor vehicle sharing program.
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2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
25indemnification, under the terms of the agreement, from the shared vehicle owner
1or shared vehicle driver for economic loss sustained by the peer-to-peer motor
2vehicle sharing program resulting from a breach of the terms of the motor vehicle
3sharing agreement.
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4(3) Insurable interest. A peer-to-peer motor vehicle sharing program shall
5have an insurable interest in a shared motor vehicle during the motor vehicle
6sharing duration. Nothing in this subsection creates liability on the peer-to-peer
7motor vehicle sharing program to maintain the coverage required under sub. (2) (a).
8The peer-to-peer motor vehicle sharing program may own and maintain as the
9named insured one or more policies of motor vehicle liability insurance that provides
10coverage for any of the following:
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(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
12program under a motor vehicle sharing agreement.
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(b) Any liability of the shared vehicle owner.
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(c) Damage or loss to the shared motor vehicle.
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(d) Any liability of the shared vehicle driver.
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16(4) Exclusions in motor vehicle liability policies. (a) An insurer that writes
17motor vehicle liability insurance in this state may exclude any coverage and may
18refuse to defend or indemnify for any claim under a shared vehicle owner's liability
19policy, including any of the following coverages:
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1. Liability coverage for bodily injury and property damage.
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2. Personal injury protection.
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3. Uninsured and underinsured motorists coverage.
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4. Medical payments.
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5. Comprehensive physical damage.
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6. Collision physical damage.
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1(b) Nothing in this section invalidates or limits any exclusion contained in a
2motor vehicle liability policy, including any policy in use or approved for use that
3excludes coverage for motor vehicles that are made available for rent, sharing, or hire
4or for any business use.
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(c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
6as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
7renew an insurance policy.
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8(5) Required disclosures. Each peer-to-peer motor vehicle sharing program
9shall include in any agreement made in this state with a shared vehicle owner or
10shared vehicle driver all of the following disclosures:
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(a) Any right of the peer-to-peer motor vehicle sharing program to seek
12indemnification from the shared vehicle owner or shared vehicle driver for economic
13loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
14breach of the terms and conditions of the motor vehicle sharing agreement.
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(b) That a motor vehicle liability policy issued to a shared vehicle owner for the
16shared motor vehicle or to the shared vehicle driver does not provide a defense or
17indemnification for any claim asserted against him or her by the peer-to-peer motor
18vehicle sharing program.
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(c) That the peer-to-peer motor vehicle sharing program's insurance coverage
20on the shared vehicle owner and the shared vehicle driver is in effect only during the
21motor vehicle sharing duration and that, for any use of the shared motor vehicle by
22the shared vehicle driver other than during the motor vehicle sharing duration, the
23shared vehicle driver and the shared vehicle owner might not have insurance
24coverage.
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1(d) The daily rate, fees, and, if applicable, any insurance or protection package
2costs that are charged to the shared vehicle owner or the shared vehicle driver.
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(e) That the liability policy of the shared vehicle owner might not provide
4coverage for a shared motor vehicle.
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(f) An emergency telephone number of personnel who are capable of fielding
6roadside assistance and other customer service inquiries.
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(g) Any conditions under which a shared vehicle driver, in order to make a
8reservation for a shared motor vehicle, must maintain a personal motor vehicle
9policy that is primary coverage with certain applicable coverage limits.
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10(6) Notification of implications of lien. At the time a motor vehicle owner
11registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
12program and before the shared vehicle owner makes a motor vehicle available for
13sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
14vehicle owner that, if the shared vehicle has a lien against it, the use of the shared
15motor vehicle through the peer-to-peer motor vehicle sharing program, including
16any use without coverage for physical damage, may violate the terms of any
17agreement with the lienholder.
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18(7) Liability exemption. Any peer-to-peer motor vehicle sharing program and
19any shared vehicle owner is exempt from liability consistent with
49 USC 30106 and
20under any state or local law that imposes liability solely based on vehicle ownership.
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21(8) Contribution against indemnification. A motor vehicle insurer that
22defends or indemnifies a claim against a shared motor vehicle that is excluded under
23the terms of the policy shall have the right to seek recovery against the motor vehicle
24insurer of the peer-to-peer motor vehicle sharing program if the claim is made
25against the shared vehicle owner or the shared vehicle driver for loss or injury that
1occurs during the motor vehicle sharing duration and is excluded under the terms
2of the policy.
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3(9) Record retention. A peer-to-peer motor vehicle sharing program shall
4collect and verify records pertaining to the use of a shared motor vehicle, including
5times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
6driver, and revenues received by the shared vehicle owner. To facilitate a claims
7coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
8vehicle sharing program shall provide, upon request, the records collected under this
9subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
10the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
11program shall retain the records collected under this subsection for a period not less
12than the applicable time limit for bringing an action specified under ch. 893.
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13Section 9
.
Effective date.
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(1)
This act takes effect on the first day of the 10th month beginning after
15publication.