Alaska § 28.23.050 - Financial responsibility of transportation network companies.

§ 28.23.050. Financial responsibility of transportation network companies.

 (a) A transportation network company driver, or transportation network company on behalf of the driver, shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and that covers the driver while the driver is logged onto the digital network of a transportation network company or while the driver is engaged in a prearranged ride.

 (b) The following automobile insurance requirements shall apply while a participating transportation network company driver is logged onto the digital network of a transportation network company and is available to receive transportation requests but is not engaged in a prearranged ride:        (1) primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury for each person, $100,000 for death and bodily injury for each incident, and $25,000 for property damage;

 (2) uninsured or underinsured motor vehicle coverage as required under AS 21.96.020 and AS 28.20.440 ;

 (3) the coverage requirements of this subsection may be satisfied by             (A) automobile insurance maintained by the transportation network company driver;

 (B) automobile insurance maintained by the transportation network company; or

 (C) any combination of (A) and (B) of this paragraph.

 (c) The following automobile insurance requirements shall apply while a transportation network company driver is engaged in a prearranged ride:        (1) primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury, and property damage;

 (2) uninsured or underinsured motor vehicle coverage as required under AS 21.96.020 and AS 28.20.440 ;

 (3) the coverage requirements of this subsection may be satisfied by             (A) automobile insurance maintained by the transportation network company driver;

 (B) automobile insurance maintained by the transportation network company; or

 (C) a combination of (A) and (B) of this paragraph.

 (d) If insurance maintained by a driver under (b) or (c) of this section has lapsed or does not provide the required coverage, insurance maintained by a transportation network company must provide the coverage required by this section beginning with the first dollar of a claim, and the transportation network company insurer has the duty to defend that claim.

 (e) Coverage under an automobile insurance policy maintained by the transportation network company may not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required first to deny a claim.

 (f) Insurance required by this section may be placed with an insurer licensed under AS 21.09.060 or with a surplus lines insurer eligible under AS 21.34 that has a credit rating not lower than A- from A.M. Best or a similar rating from another rating agency recognized by the division of insurance.

 (g) Insurance satisfying the requirements of this section shall be considered to satisfy the financial responsibility requirement for a motor vehicle under AS 28.20 .

 (h) A transportation network company driver shall carry proof of coverage under (b) and (c) of this section with the driver at all times during the driver's use of a vehicle in connection with a digital network of a transportation network company. In the event of an accident, a transportation network company driver shall provide the insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers upon request under AS 28.22.019 . Upon that request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether the driver was logged onto the digital network of a transportation network company or on a prearranged ride at the time of an accident.

 (i) If the insurance carrier for the transportation network company makes a payment for a claim for physical damage to a personal vehicle that is subject to a lien, the insurance carrier shall pay the claim jointly to the owner of the personal vehicle and the primary lienholder or directly to the business repairing the personal vehicle.