Montana Code 61-12-1003. Effect of vehicle ownership transfer on ownership of data — prohibited insurer and lessor actions
61-12-1003. Effect of vehicle ownership transfer on ownership of data — prohibited insurer and lessor actions. (1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident.
Terms Used In Montana Code 61-12-1003
- Event data recorder: has the meaning provided in 49 C. See Montana Code 61-12-1001
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Owner: means a person:
(a)in whose name a motor vehicle is registered or titled;
(b)who leases a motor vehicle for at least 3 months;
(c)who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or
(d)who is the attorney-in-fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c). See Montana Code 61-12-1001
- Property: means real and personal property. See Montana Code 1-1-205
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(2)An insurer may not condition the payment or settlement of an owner‘s claim on the owner’s consent to the retrieval or use of the data on a motor vehicle event data recorder.
(3)An insurer or lessor of a motor vehicle may not require an owner to consent to the retrieval or use of the data on a motor vehicle event data recorder as a condition of providing the policy or lease.