Delaware § 1908 - Financial responsibility of transportation network companies.

§ 1908. Financial responsibility of transportation network companies.

On or before August 10, 2016, and thereafter, a transportation network company driver or transportation network company on the TNC driver’s behalf shall maintain primary automobile insurance that:

(1) Recognizes that the TNC driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the TNC driver in both of the following 2 circumstances:

a. While the TNC driver is logged on to the transportation network company’s digital network; and

b. While the TNC driver is engaged in a prearranged ride.

(2) The following automobile insurance requirements shall apply while a participating transportation network company driver is logged on to the transportation network company’s digital network and is available to receive transportation requests but is not engaged in a prearranged ride:

a. Primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage; and

b. Personal injury protection benefits that meet the minimum coverage amounts where required by § 2118 of Title 21;

c. Uninsured and underinsured motorist insurance in the minimum amount of $100,000 per incident.

d. The coverage requirements of this paragraph (2) may be satisfied by any of the following:

1. Automobile insurance maintained by the transportation network company driver.

2. Automobile insurance maintained by the transportation network company.

3. Any combination of paragraphs (2)d.1. and (2)d.2. of this section.

(3) The following automobile insurance requirements shall apply while a transportation network company driver is engaged in a prearranged ride:

a. Primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury and property damage;

b. Minimum coverage amounts where required by § 2118 of Title 21 and § 3902 of Title 18.

c. Uninsured and underinsured motorist insurance in the minimum amount of $1,000,000 per incident.

d. The coverage requirements of this paragraph (3) may be satisfied by any of the following:

1. Automobile insurance maintained by the transportation network company driver.

2. Automobile insurance maintained by the transportation network company.

3. Any combination of paragraphs (3)d.1. and (3)d.2. of this section.

(4) If insurance maintained by TNC driver in paragraph (2) or (3) of this section has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by paragraph (3) of this section beginning with the first dollar of a claim and have the duty to defend such claim.

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

(6) Insurance required by this section may be placed with an insurer licensed under Delaware law or with a surplus lines insurer eligible under § 1912 of Title 18 that has a credit rating of no less than “A-” from A.M. Best or “A” from Demotech or similar rating from another rating agency recognized by the Department of Insurance.

(7) Insurance satisfying the requirements of this section shall be deemed to satisfy the financial responsibility requirements of Chapter 29 of Title 21.

(8) A transportation network company driver shall carry digital or physical proof of coverage satisfying paragraphs (2) and (3) of this section with the transportation network company driver at all times during the use of a vehicle in connection with a transportation network company’s digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers and investigating police officers, upon request. Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether the transportation network company driver was logged on to the transportation network company’s digital network or on a prearranged ride at the time of an accident.

(9) As part of the permit application under § 1903 of this title, a TNC shall file with the Division certificates of insurance showing that it maintains insurance that meets the requirements of paragraph (4) of this section.

80 Del. Laws, c. 374, §  1;  83 Del. Laws, c. 464, § 3;  84 Del. Laws, c. 42, § 1;