HB1463: HB1463 Motor vehicles; peer-to-peer car-sharing program; add damage to the owner's vehicle to the program's liability

26 LC 46 1458 House Bill 1463 By: Representatives Williamson of the 112th, Prince of the 132nd, Cannon of the 172nd, and Powell of the 33rd A BILL TO BE ENTITLED AN ACT To amend Part 5 of Article 3 of Chapter 1 of Title 40 of the Of ficial Code of Georgia1 Annotated, relating to peer-to-peer car-sharing program, so as to add damage to the owner's2 vehicle to the program's liability; to provide for conforming changes; to provide for related3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Part 5 of Article 3 of Chapter 1 of Title 40 of the Official Co de of Georgia Annotated,7 relating to peer-to-peer car-sharing program, is amended by revising subsection (a) of Code8 Section 40-1-221, relating to assumption of liability and insurance, as follows:9 "(a)(1) A peer-to-peer car-sharing program shall assume liability, except as provided in10 paragraph (2) of this subsection, of a shared vehicle owner for any bodily injury or11 property damage to third parties or damage to the owner's vehic le or an uninsured and12 underinsured motorist or personal injury protection losses during the car-sharing period13 in an amount stated in the car-sharing program agreement, which amount may not be less14 than those set forth in paragraph (1) of subsection (a) of Code Section 33-7-11.15 H. B. 1463 - 1 - 26 LC 46 1458 (2) The assumption of liability under paragraph (1) of this subsection shall not apply if16 a shared vehicle owner:17 (A) Made an intentional or fraudulent material misrepresentati on or omission to the18 peer-to-peer car-sharing program before the car-sharing period in which the loss19 occurred; or20 (B) Acted or acts in concert with a shared vehicle driver who fails to return the shared21 vehicle pursuant to the terms of the car-sharing program agreement.22 (3) The assumption of liability under paragraph (1) of this subsection applies to bodily23 injury, property damage, damage to the owner's vehicle, and uninsured and underinsured24 motorist or personal injury protection losses by damaged third parties as required under25 subsection (a) of Code Section 33-7-11."26 SECTION 2.27 Said part is further amended by revising Code Section 40-1-227, relating to insurable28 interests, as follows:29 "40-1-227.30 (a) Notwithstanding any other provision of law, a peer-to-peer car-sharing program shall31 have an insurable interest in a shared vehicle during the car-sharing period.32 (b) Except as provided in Code Section 40-1-226, nothing in this part creates a liability on33 a peer-to-peer car-sharing program to maintain the coverage mandated by this part.34 (c)(b) A peer-to-peer car-sharing program may own and maintain as th e named insured35 one or more policies of motor vehicle liability insurance that provides coverage for:36 (1) Liabilities assumed by the peer-to-peer car-sharing progra m under a car-sharing37 program agreement;38 (2) Any liability of the shared vehicle owner;39 (3) Damage or loss to the shared motor vehicle; or40 (4) Any liability of the shared vehicle driver.41 H. B. 1463 - 2 - 26 LC 46 1458 (c)(1) A peer-to-peer car-sharing program shall own and maintain as the named insured42 a policy of insurance written by an insurer admitted or authorized in this state covering43 physical damage for collision and comprehensive losses to the shared vehicle during the44 car-sharing period.45 (2) The policy of insurance required by this Code section shall apply when such policy46 maintained by the shared vehicle owner excludes or otherwise does not provide coverage47 for physical damage for collision and comprehensive losses to the shared vehicle during48 the car-sharing period.49 (3) The policy of insurance required by this Code section may:50 (A) Include a deductible in an amount no greater than $1,000.00 per occurrence; and51 (B) Include subrogation rights against a tort-feasor."52 SECTION 3.53 All laws and parts of laws in conflict with this Act are repealed.54 H. B. 1463 - 3 -