Okla. Stat. tit. 47, § 47-1053
This is the official text of Okla. Stat. tit. 47, § 47-1053, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Motor vehicle liability insurance policy required
Official statutory text
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 Page 1031
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.
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 Page 1031
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.
Status: in_force · Read it on the official government site
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