Louisiana Revised Statutes 22:1300.10 – Each car sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:
Terms Used In Louisiana Revised Statutes 22:1300.10
- Car sharing period: means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and, in either case, ends at the car sharing termination time. See Louisiana Revised Statutes 22:1300.2
- Car sharing program agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
- Car sharing termination time: means the earliest of the following events:
(a) The expiration of the agreed-upon time period established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement. See Louisiana Revised Statutes 22:1300.2
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Peer-to-peer car sharing: means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
- Peer-to-peer car sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See Louisiana Revised Statutes 22:1300.2
- Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
(a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266
- Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
- Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. See Louisiana Revised Statutes 22:1300.2
- Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See Louisiana Revised Statutes 22:1300.2
Each car sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:
(1) Any right of the peer-to-peer car sharing program to 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.
(2) That a motor vehicle liability policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.
(3) That the peer-to-peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage.
(4) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.
(5) That the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle.
(6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.
(7) If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared vehicle.
Acts 2020, No. 277, §1.