Oklahoma § 47-1053 - Motor vehicle liability insurance policy required

§ 47-1053. Motor vehicle liability insurance policy required

A. A peer-to-peer car sharing program shall ensure that, during

each car sharing period, 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 Section 7-600 et seq. of Title 47 of

the Oklahoma Statutes, and:

1. 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 exclude use of a shared vehicle by a shared vehicle

driver.

B. The insurance required under subsection A of this section

may be satisfied by motor vehicle liability insurance maintained by:

1. A shared vehicle owner;

2. A shared vehicle driver;

3. A peer-to-peer car sharing program; or

4. Any combination of a shared vehicle owner, a shared vehicle

driver and a peer-to-peer car sharing program.

C. The insurance required in subsection B of this section, that

is satisfying the requirement of subsection A of this section, shall

be primary during each car sharing period, and in the event that a

claim occurs in another state with minimum financial responsibility

Oklahoma Statutes - Title 47. Motor Vehicles

limits higher than those provided pursuant to Section 7-600 et seq.

of Title 47 of the Oklahoma Statutes, during the car sharing period,

the coverage maintained under subsection E of this section shall

satisfy the difference in minimum coverage amounts, up to the

applicable policy limits.

D. The insurer, insurers, or peer-to-peer car sharing program

providing coverage under subsection A or B of this section shall

assume primary liability for a claim when:

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 car

sharing program does not have available, did not retain, or fails to

provide the information required by Section 5 of this act; or

2. A dispute exists as to whether the shared vehicle was

returned to the alternatively agreed upon location as required under

Section 2 of this act.

E. If insurance maintained by a shared vehicle owner or shared

vehicle driver in accordance with subsection B of this section has

lapsed or does not provide the required coverage, insurance

maintained by a peer-to-peer car sharing program shall provide the

coverage required by subsection A of this section beginning with the

first dollar of a claim and shall have the duty to defend such claim

except under circumstances as set forth in subsection B of Section 3

of this act.

F. Coverage under an automobile insurance policy maintained by

the peer-to-peer car sharing program shall not be dependent on

another automobile insurer first denying a claim, nor shall another

automobile insurance policy be required to first deny a claim.

G. Nothing in the Peer-to-Peer Car Sharing Program Act shall:

1. Limit the liability of the peer-to-peer car sharing program

for any act or omission of the program itself that results in injury

to any person as a result of the use of a shared vehicle through a

peer-to-peer car sharing program; or

2. Limit the ability of the peer-to-peer car sharing program

to, by contract, seek indemnification from the shared vehicle owner

or the 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.

Added by Laws 2021, c. 280, § 4, eff. Nov. 1, 2021.