Nevada § 482C.255 - Tort liability of program; duty to ensure shared vehicle owner and driver are insured under policy meeting certain requirements; coverage under motor vehicle insurance policy of program; ability of program to seek indemnification for certain losses

§ 482C.255. Tort liability of program; duty to ensure shared vehicle owner and driver are insured under policy meeting certain requirements; coverage under motor vehicle insurance policy of program; ability of program to seek indemnification for certain losses

1. Except as otherwise provided in subsection 2, a peer-to-peer car sharing program

assumes any tort liability of a shared vehicle owner arising out of the use or operation

of the shared vehicle during the car sharing period up to an amount of: (a) For bodily injury to or death of one person in any one crash, $50,000; (b) For bodily injury to or death of two or more persons in any one crash and subject

to the limit for one person, $100,000; and (c) For injury to or destruction of property of others in any one crash, $20,000, or any amount set forth in the car sharing program agreement which is greater than

an amount provided for by this section. 2. The provisions of subsection 1 do not apply to a shared vehicle owner: (a) Who made an intentional and fraudulent material misrepresentation or omission

to the peer-to-peer car sharing program before the car sharing period in which the

liability arose; or (b) Who acts in concert with a shared vehicle driver who fails to return the shared

vehicle pursuant to the terms of the car sharing program agreement. 3. The assumption of liability pursuant to subsection 1 includes, without limitation,

liability for bodily injury, property damage, uninsured and underinsured motorist

or personal injury protection losses by damaged third parties to the same extent as

the insurance required by NRS 485.185 is required to include coverage for such damage or losses, up to any applicable amount

set forth in subsection 1. 4. A peer-to-peer car sharing program shall ensure that, during each car sharing period: (a) Both the shared vehicle owner and the shared vehicle driver are insured under

a motor vehicle liability insurance policy that includes coverage which is not less

than: (1) For bodily injury to or death of one person in any one crash, $50,000; (2) For bodily injury to or death of two or more persons in any one crash and subject

to the limit for one person, $100,000; and (3) For injury to or destruction of property of others in any one crash, $20,000, or any amount set forth in the car sharing program agreement which is greater than

an amount provided for by this section. (b) Any insurance policy used to satisfy the requirements of paragraph (a): (1) Expressly recognizes that the shared vehicle insured under the policy is made

available and used through a peer-to-peer car sharing program; or (2) Does not prohibit or exclude the use of the shared vehicle by a shared vehicle

driver. 5. The insurance policy used to satisfy the requirements of subsection 4 may be a

policy maintained by: (a) The shared vehicle owner; (b) The shared vehicle driver; (c) The peer-to-peer car sharing program; or (d) The shared vehicle owner, shared vehicle driver and peer-to-peer car sharing program. 6. The insurance policy used to satisfy the requirements of subsection 4 must provide

primary insurance during each car sharing period. If, during the car sharing period, a claim arises in another state with minimum

financial responsibility requirements that are higher than the amounts set forth in

paragraph (a) of subsection 4, the insurance policy used to satisfy the requirements

of subsection 4 must satisfy the difference in minimum coverage amounts, up to the

applicable policy limits. 7. The insurer providing the insurance used to satisfy the requirements of subsection

4 shall assume primary liability for a claim when: (a) A dispute exists as to who was in control of the shared vehicle at the time of

the occurrence out of which liability arose and the peer-to-peer car sharing program

does not have available, did not retain or fails to provide the information required

by NRS 432C.270 ; or (b) A dispute exists as to whether the shared vehicle was returned to an alternatively

agreed upon location. 8. If the insurance used to satisfy the requirements of subsection 4 has lapsed or

does not provide the coverage required pursuant to subsection 4, the peer-to-peer

car sharing program: (a) Shall assume liability for damages up to the amounts set forth in subsection 1,

which may be satisfied through the peer-to-peer car sharing program's own insurance

policy, beginning with the first dollar of any claim; and (b) Is responsible for defending against any such claim, except in the situation where the shared vehicle owner acts in concert with a shared

vehicle driver who fails to return the shared vehicle pursuant to the terms of the

car sharing program agreement. 9. Coverage under a motor vehicle liability insurance policy maintained by a peer-to-peer

car sharing program must not be dependent on another insurer first denying a claim

or require another motor vehicle liability insurance policy to first deny a claim. 10. Nothing in this chapter shall be construed to: (a) Limit the liability of a peer-to-peer car sharing program for any act or omission

of the peer-to-peer car sharing program that results in injury to any person as a

result of the use of a shared vehicle through the peer-to-peer car sharing program;

or (b) Limit the ability of a peer-to-peer car sharing program to, by contract, seek

indemnification from the shared vehicle owner or shared vehicle driver for economic

loss sustained by the peer-to-peer car sharing program resulting from a breach of

the terms and conditions of the car sharing program agreement. 11. As used in this section, “ alternatively agreed upon location ” means a location alternatively agreed upon by the shared vehicle owner and shared

vehicle driver, as communicated through a peer-to-peer car sharing program for the

return of the shared vehicle.