AB395,8,63 (d) “Motor vehicle sharing duration” means the period that commences with
4the motor vehicle sharing delivery period or, if there is no motor vehicle sharing
5delivery period, that commences with the motor vehicle sharing initiation time and,
6in either case, ends at the motor vehicle sharing termination time.
AB395,8,107 (e) “Motor vehicle sharing initiation time” means the time when the motor
8vehicle to be shared becomes subject to the control of the shared vehicle driver at or
9after the time the reservation of a shared motor vehicle is scheduled to begin as
10documented in the records of a peer-to-peer motor vehicle sharing program.
AB395,8,1111 (f) “Motor vehicle sharing termination time” means the earliest of the following:
AB395,8,1512 1. The expiration of the time agreed upon for the use of the shared motor vehicle
13according to the terms of the motor vehicle sharing agreement, if the shared motor
14vehicle is delivered to the location that is specified in the motor vehicle sharing
15agreement.
AB395,8,2016 2. The time the shared motor vehicle is returned by the shared vehicle driver
17to a location as alternatively agreed upon by the shared vehicle owner and shared
18vehicle driver, as communicated through a peer-to-peer motor vehicle sharing
19program, which alternatively agreed upon location shall be incorporated into the
20motor vehicle sharing agreement.
AB395,8,2221 3. The time the shared vehicle owner regains possession and control of the
22shared motor vehicle.
AB395,8,2523 (g) “Peer-to-peer motor vehicle sharing program” means a business platform
24that connects motor vehicle owners with individuals to enable the authorized use of
25a motor vehicle by an individual other than the owner for financial consideration.
AB395,9,4
1(h) “Shared vehicle driver” means an individual who is authorized to drive a
2shared motor vehicle under a motor vehicle sharing agreement through a
3peer-to-peer motor vehicle sharing program and who is not the shared vehicle
4owner.
AB395,9,75 (i) “Shared vehicle owner” means the registered owner, or a person or entity
6designated by the registered owner, of a motor vehicle that is available for sharing
7through a peer-to-peer motor vehicle sharing program.
AB395,9,13 8(2) Insurance coverage during sharing. (a) A peer-to-peer motor vehicle
9sharing program shall, except as provided in par. (b), assume liability of a shared
10vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
11and underinsured motorist or personal injury protection losses, in amounts stated
12in the motor vehicle sharing agreement that are no less than the amounts specified
13in s. 344.33 (2) during the motor vehicle sharing duration.
AB395,9,1614 (b) Notwithstanding the definition of motor vehicle sharing termination time,
15the assumption of liability under par. (a) does not apply to a shared vehicle owner
16when any of the following occurs:
AB395,9,1917 1. The shared vehicle owner makes an intentional or fraudulent material
18misrepresentation or omission to the peer-to-peer motor vehicle sharing program
19before the motor vehicle sharing duration in which the loss occurred.
AB395,9,2220 2. The shared vehicle owner acts in concert with a shared vehicle driver who
21fails to return the shared motor vehicle pursuant to the terms of a motor vehicle
22sharing agreement.
AB395,9,2423 (c) Notwithstanding the definition of motor vehicle sharing termination time,
24the assumption of liability under par. (a) applies to bodily injury, property damage,

1and uninsured and underinsured motorist or personal injury protection losses by
2damaged 3rd parties as required by s. 344.33 (2).
AB395,10,73 (d) A peer-to-peer motor vehicle sharing program shall ensure that, during
4each motor vehicle sharing duration, the shared vehicle owner and the shared
5vehicle driver are insured under a motor vehicle liability insurance policy that
6provides insurance coverage in amounts no less than the minimum amounts set forth
7in s. 344.33 (2) and that satisfies any of the following:
AB395,10,98 1. The policy recognizes that the shared motor vehicle insured under the policy
9is made available and used through a peer-to-peer motor vehicle sharing program.
AB395,10,1110 2. The policy does not exclude use of a shared motor vehicle by a shared vehicle
11driver.
AB395,10,1312 (e) The insurance requirement described under par. (d) may be satisfied by
13motor vehicle liability insurance maintained by any of the following:
AB395,10,1414 1. A shared vehicle owner.
AB395,10,1515 2. A shared vehicle driver.
AB395,10,1616 3. A peer-to-peer motor vehicle sharing program.
AB395,10,1717 4. Any combination of the persons described in subds. 1. to 3.
AB395,10,2418 (f) The coverage maintained under par. (e) that is satisfying the insurance
19requirement under par. (d) shall be primary during each motor vehicle sharing
20duration and, in the event that a claim occurs in another state with minimum
21financial responsibility limits higher than the amounts specified in s. 344.33 (2)
22during the motor vehicle sharing duration, the coverage maintained under par. (e)
23shall satisfy the difference in minimum coverage amounts, up to the applicable policy
24limits.
AB395,11,3
1(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
2providing coverage under pars. (d) and (e) shall assume primary coverage if any of
3the following applies:
AB395,11,64 1. A dispute exists as to who was in control of the shared motor vehicle at the
5time of the loss, and the peer-to-peer motor vehicle sharing program does not have
6available, does not retain, or fails to provide the information specified under sub. (9).
AB395,11,87 2. A dispute exists as to whether the shared motor vehicle was returned to an
8alternatively agreed upon location specified in the motor vehicle sharing agreement.
AB395,11,149 (h) If insurance maintained by a shared vehicle owner or shared vehicle driver
10in accordance with par. (e) has lapsed or does not provide the coverage required, then
11insurance maintained by the peer-to-peer motor vehicle sharing program shall
12provide the coverage required under par. (d) beginning with the first dollar of the
13claim and shall have the duty to defend the claim except under circumstances
14described in par. (b).
AB395,11,1815 (i) Coverage under a motor vehicle insurance policy maintained by the
16peer-to-peer motor vehicle sharing program may not be dependent on another motor
17vehicle insurer first denying a claim nor shall another motor vehicle insurance policy
18be required to first deny a claim.
AB395,11,1919 (j) Nothing in this section does any of the following:
AB395,11,2320 1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
21act or omission of the peer-to-peer motor vehicle sharing program itself that results
22in injury to any person as a result of the use of a shared motor vehicle through the
23peer-to-peer motor vehicle sharing program.
AB395,12,324 2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
25indemnification, under the terms of a motor vehicle sharing agreement, from the

1shared vehicle owner or shared vehicle driver for economic loss sustained by the
2peer-to-peer motor vehicle sharing program resulting from a breach of the terms of
3the motor vehicle sharing agreement.
AB395,12,10 4(3) Insurable interest. A peer-to-peer motor vehicle sharing program shall
5have an insurable interest in a shared motor vehicle during the motor vehicle
6sharing duration. Nothing in this subsection creates liability on the peer-to-peer
7motor vehicle sharing program to maintain the coverage required under sub. (2) (d).
8The peer-to-peer motor vehicle sharing program may own and maintain as the
9named insured one or more policies of motor vehicle liability insurance that provides
10coverage for any of the following:
AB395,12,1211 (a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
12program under a motor vehicle sharing agreement.
AB395,12,1313 (b) Any liability of the shared vehicle owner.
AB395,12,1414 (c) Damage or loss to the shared motor vehicle.
AB395,12,1515 (d) Any liability of the shared vehicle driver.
AB395,12,19 16(4) Exclusions in motor vehicle liability policies. (a) An insurer that writes
17motor vehicle liability insurance in this state may exclude any coverage and may
18refuse to defend or indemnify any claim under a shared vehicle owner's liability
19policy, including any of the following coverages:
AB395,12,2020 1. Liability coverage for bodily injury and property damage.
AB395,12,2121 2. Personal injury protection.
AB395,12,2222 3. Uninsured and underinsured motorists coverage.
AB395,12,2323 4. Medical payments.
AB395,12,2424 5. Comprehensive physical damage.
AB395,12,2525 6. Collision physical damage.
AB395,13,4
1(b) Nothing in this section invalidates or limits any exclusion contained in a
2motor vehicle liability insurance policy, including any policy in use or approved for
3use that excludes coverage for motor vehicles that are made available for rent,
4sharing, or hire or for any business use.
AB395,13,75 (c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
6as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
7renew an insurance policy.
AB395,13,10 8(5) Required disclosures. Each peer-to-peer motor vehicle sharing program
9shall include in any agreement made in this state with a shared vehicle owner or
10shared vehicle driver all of the following disclosures:
AB395,13,1411 (a) Any right of the peer-to-peer motor vehicle sharing program to seek
12indemnification from the shared vehicle owner or shared vehicle driver for economic
13loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
14breach of the terms and conditions of the motor vehicle sharing agreement.
AB395,13,1815 (b) That a motor vehicle liability insurance policy issued to a shared vehicle
16owner for the shared motor vehicle or to the shared vehicle driver does not provide
17a defense or indemnification for any claim asserted against him or her by the
18peer-to-peer motor vehicle sharing program.
AB395,13,2419 (c) That the peer-to-peer motor vehicle sharing program's insurance coverage
20on the shared vehicle owner and the shared vehicle driver is in effect only during the
21motor vehicle sharing duration and that, for any use of the shared motor vehicle by
22the shared vehicle driver other than during the motor vehicle sharing duration, the
23shared vehicle driver and the shared vehicle owner might not have insurance
24coverage.
AB395,14,2
1(d) The daily rate, fees, and, if applicable, any insurance or protection package
2costs that are charged to the shared vehicle owner or the shared vehicle driver.
AB395,14,43 (e) That the motor vehicle liability insurance policy of the shared vehicle owner
4might not provide coverage for a shared motor vehicle.
AB395,14,65 (f) An emergency telephone number of personnel who are capable of fielding
6roadside assistance and other customer service inquiries.
AB395,14,97 (g) Any conditions under which a shared vehicle driver, in order to make a
8reservation for a shared motor vehicle, must maintain a personal motor vehicle
9insurance policy that is primary coverage with certain applicable coverage limits.
AB395,14,17 10(6) Notification of implications of lien. At the time a motor vehicle owner
11registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
12program and before the shared vehicle owner makes a motor vehicle available for
13sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
14vehicle owner that, if the shared motor vehicle has a lien against it, the use of the
15shared motor vehicle through the peer-to-peer motor vehicle sharing program,
16including any use without coverage for physical damage, may violate the terms of
17any agreement with the lienholder.
AB395,14,21 18(7) Liability exemption. Any peer-to-peer motor vehicle sharing program and
19any shared vehicle owner are exempt from liability consistent with 49 USC 30106
20and under any state or local law that imposes liability solely based on vehicle
21ownership.
AB395,15,3 22(8) Contribution against indemnification. A motor vehicle insurer that
23defends or indemnifies a claim against a shared motor vehicle that is excluded under
24the terms of the policy shall have the right to seek recovery against the motor vehicle
25insurer of the peer-to-peer motor vehicle sharing program if the claim is made

1against the shared vehicle owner or the shared vehicle driver for loss or injury that
2occurs during the motor vehicle sharing duration and is excluded under the terms
3of the policy.
AB395,15,13 4(9) Record retention. A peer-to-peer motor vehicle sharing program shall
5collect and verify records pertaining to the use of a shared motor vehicle, including
6times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
7driver, and revenues received by the shared vehicle owner. To facilitate a claims
8coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
9vehicle sharing program shall provide, upon request, the records collected under this
10subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
11the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
12program shall retain the records collected under this subsection for a period not less
13than the applicable time limit for bringing an action specified under ch. 893.
AB395,9 14Section 9 . Effective date.
AB395,15,1615 (1) This act takes effect on the first day of the 10th month beginning after
16publication.
AB395,15,1717 (End)
Loading...
Loading...