AB395,,39 632.362 Peer-to-peer motor vehicle sharing. (1) Definitions. In this section:

AB395,,40 (a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).

AB395,,41 (b) “Motor vehicle sharing agreement” means an agreement providing the terms and conditions, applicable to a shared vehicle driver and shared vehicle owner, that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle sharing program.

AB395,,42 (c) “Motor vehicle sharing delivery period” means the period during which a shared motor vehicle is being delivered to the location of the motor vehicle sharing initiation time, if applicable, as documented by the governing motor vehicle sharing agreement.

AB395,,43 (d) “Motor vehicle sharing duration” means the period that commences with the motor vehicle sharing delivery period or, if there is no motor vehicle sharing delivery period, that commences with the motor vehicle sharing initiation time and, in either case, ends at the motor vehicle sharing termination time.

AB395,,44 (e) “Motor vehicle sharing initiation time” means the time when the motor vehicle to be shared becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared motor vehicle is scheduled to begin as documented in the records of a peer-to-peer motor vehicle sharing program.

AB395,,45 (f) “Motor vehicle sharing termination time” means the earliest of the following:

AB395,,46 1. The expiration of the time agreed upon for the use of the shared motor vehicle according to the terms of the motor vehicle sharing agreement, if the shared motor vehicle is delivered to the location that is specified in the motor vehicle sharing agreement.

AB395,,47 2. The time the shared motor vehicle is returned by the shared vehicle driver to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver, as communicated through a peer-to-peer motor vehicle sharing program, which alternatively agreed upon location shall be incorporated into the motor vehicle sharing agreement.

AB395,,48 3. The time the shared vehicle owner regains possession and control of the shared motor vehicle.

AB395,,49 (g) “Peer-to-peer motor vehicle sharing program” means a business platform that connects motor vehicle owners with individuals to enable the authorized use of a motor vehicle by an individual other than the owner for financial consideration.

AB395,,50 (h) “Shared vehicle driver” means an individual who is authorized to drive a shared motor vehicle under a motor vehicle sharing agreement through a peer-to-peer motor vehicle sharing program and who is not the shared vehicle owner.

AB395,,51 (i) “Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle that is available for sharing through a peer-to-peer motor vehicle sharing program.

AB395,,52 (2) Insurance coverage during sharing. (a) A peer-to-peer motor vehicle sharing program shall, except as provided in par. (b), assume liability of a shared vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured and underinsured motorist or personal injury protection losses, in amounts stated in the motor vehicle sharing agreement that are no less than the amounts specified in s. 344.33 (2) during the motor vehicle sharing duration.

AB395,,53 (b) Notwithstanding the definition of motor vehicle sharing termination time, the assumption of liability under par. (a) does not apply to a shared vehicle owner when any of the following occurs:

AB395,,54 1. The shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer motor vehicle sharing program before the motor vehicle sharing duration in which the loss occurred.

AB395,,55 2. The shared vehicle owner acts in concert with a shared vehicle driver who fails to return the shared motor vehicle pursuant to the terms of a motor vehicle sharing agreement.

AB395,,56 (c) Notwithstanding the definition of motor vehicle sharing termination time, the assumption of liability under par. (a) applies to bodily injury, property damage, and uninsured and underinsured motorist or personal injury protection losses by damaged 3rd parties as required by s. 344.33 (2).

AB395,,57 (d) A peer-to-peer motor vehicle sharing program shall ensure that, during each motor vehicle sharing duration, 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 s. 344.33 (2) and that satisfies any of the following:

AB395,,58 1. The policy recognizes that the shared motor vehicle insured under the policy is made available and used through a peer-to-peer motor vehicle sharing program.

AB395,,59 2. The policy does not exclude use of a shared motor vehicle by a shared vehicle driver.

AB395,,60 (e) The insurance requirement described under par. (d) may be satisfied by motor vehicle liability insurance maintained by any of the following:

AB395,,61 1. A shared vehicle owner.

AB395,,62 2. A shared vehicle driver.

AB395,,63 3. A peer-to-peer motor vehicle sharing program.

AB395,,64 4. Any combination of the persons described in subds. 1. to 3.

AB395,,65 (f) The coverage maintained under par. (e) that is satisfying the insurance requirement under par. (d) shall be primary during each motor vehicle sharing duration and, in the event that a claim occurs in another state with minimum financial responsibility limits higher than the amounts specified in s. 344.33 (2) during the motor vehicle sharing duration, the coverage maintained under par. (e) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.

AB395,,66 (g) The insurer, insurers, or peer-to-peer motor vehicle sharing program providing coverage under pars. (d) and (e) shall assume primary coverage if any of the following applies:

AB395,,67 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 motor vehicle sharing program does not have available, does not retain, or fails to provide the information specified under sub. (9).