Louisiana § RS 45:201.6 - Requirements for insurance

§ RS 45:201.6. Requirements for insurance

            A. A transportation network company driver or a transportation network company on the driver's behalf shall maintain primary automobile insurance that meets the requirements of this Section.

            B. Automobile insurance during the pre-trip acceptance period shall:

            (1) Be in the amount of not less than fifty thousand dollars for death and bodily injury per person, not less than one hundred thousand dollars for death and bodily injury per incident, and not less than twenty-five thousand dollars for property damage.

            (2) Include uninsured and underinsured motorist coverage to the extent required by R.S. 22:1295.

            C. Automobile insurance during a prearranged ride shall:

            (1) Be in the amount of not less than one million dollars for death, bodily injury, and property damage.

            (2) Include uninsured and underinsured motorist coverage to the extent required by R.S. 22:1295.

            D.(1) The obligation to maintain the insurance coverage required by this Section may be satisfied by a policy of insurance procured by:

            (a) A transportation network company driver.

            (b) A transportation network company.

            (c) A combination of Subparagraphs (a) and (b) of this Paragraph.

            (2) A transportation network company may satisfy its obligations under this Section through a policy of insurance obtained by a participating driver pursuant to Subparagraph (1)(a) or (1)(c) of this Subsection only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver's use of a vehicle related to a transportation network company's digital network.

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

            F. If insurance maintained by a transportation network company driver to fulfill the insurance requirements of this Section has lapsed or does not provide the coverage required by this Section, the transportation network company shall provide the coverage required by this Section beginning with the first dollar of a claim and shall have the duty to defend such claim.

            G. A policy of insurance procured pursuant to this Section:

            (1) Shall recognize that the driver is a transportation network company driver or otherwise uses a personal vehicle to transport riders for compensation and covers the driver during the pre-trip acceptance period, a prearranged ride, or both.

            (2) May be placed with an authorized insurer or with a surplus lines insurer, pursuant to R.S. 22:432, that has a rating of no less than an A- from A.M. Best, an A from Demotech, Inc., or a similar rating from another rating agency recognized by the Department of Insurance.

            (3) Shall be deemed to satisfy the Motor Vehicle Safety Responsibility Law, R.S. 32:851 et seq.

            H. The transportation network company shall file proof of its compliance with the insurance requirements of this Section with any parish or municipality that requires or requests such a filing.

            Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2019, No. 286, §1, eff. July 1, 2019.