§ 902. Program liability. 1. Notwithstanding any other provision of law, or any provision in a shared vehicle owner's policy of motor vehicle liability insurance, in the event of a loss, death, or injury that shall occur during the peer-to-peer car sharing period, the peer-to-peer car sharing program insurers providing coverages under section nine hundred one of this article shall provide financial responsibility for any bodily injury, death, or damage to property in amounts not to exceed those stated in the peer-to-peer car sharing program agreement and not less than those amounts required in section nine hundred one of this article, and the peer-to-peer car sharing administrator shall retain such liability irrespective of a lapse in the group policy or any other insurance policy or financial security maintained by the administrator. 2. The insurer or insurers providing group liability insurance to the peer-to-peer car sharing program pursuant to section nine hundred one of this article shall be primary during each car sharing period. Provided however, where: (a) a good faith dispute exists regarding who was in control of the vehicle when the loss, death, or injury occurred giving rise to such claim or whether the loss, death, or injury occurred outside of the car sharing period; and (b) the peer-to-peer car sharing program administrator does not have available, did not retain, or is otherwise unable to provide information demonstrating who was in possession or control at the time of the loss, death, or injury or whether the loss, death, or injury occurred outside of the car sharing period, the shared vehicle owner's private motor vehicle insurer shall indemnify insurer or insurers providing group liability insurance, to the extent of its obligation under the applicable insurance policy, if it is determined that the loss, death, or injury occurred outside of the peer-to-peer car sharing period. The peer-to-peer car sharing program administrator shall notify the shared vehicle owner's insurer of any such dispute within fifteen days of becoming aware that such a dispute exists. 3. In the event that the shared vehicle owner or the shared vehicle owner's personal motor vehicle insurer is named as a defendant in a civil action for a loss, death, or injury that occurs during any time within the peer-to-peer car sharing period, or otherwise under the direct and immediate control of a peer-to-peer car sharing program, the peer-to-peer car sharing program administrator shall have the duty to defend and indemnify the shared vehicle owner and the shared vehicle owner's insurer subject to the provisions of this section, section nine hundred one of this article and section three thousand four hundred fifty-eight of the insurance law. 4. A motor vehicle liability insurer who defends or indemnifies a claim against a shared vehicle which is excluded under the terms of its policy shall have the right to seek contribution against the peer-to-peer car sharing program administrator's insurer, if the claim is made against the shared vehicle owner, the shared vehicle driver or authorized driver for loss, death, or injury which occurs during the car sharing period. 5. A peer-to-peer car sharing program administrator may contractually assume the risk of loss due to physical damage to shared vehicles during the time that such shared vehicles are in the custody of the shared vehicle driver or peer-to-peer car sharing program, and that such assumption of risk:(a) shall not be deemed to be physical damage insurance;
(b) that the terms of such contractual assumption may provide that the program assumes the risk of physical damage loss to the vehicle in excess of a sum certain; and
(c) if the terms of such contractual assumption include a separately itemized fee charged to the shared vehicle driver solely for the contractual assumption of the risk of loss due to physical damage, then it shall be provided under the terms set forth in this article. 6. To the extent not otherwise prohibited by state or federal law, in a claims coverage investigation, a peer-to-peer car sharing program administrator shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of a shared vehicle owner's or shared vehicle driver's participation in a peer-to-peer car sharing program. 7. In addition to other remedies available at law, the attorney general shall have authority to enforce this article as authorized by law, including injunctive and other legal and equitable relief for non-compliance by a car sharing program administrator or any other party through civil proceedings. 8. Any provision in a peer-to-peer car sharing agreement designated by the courts of another jurisdiction as the exclusive forum for resolving disputes shall be deemed void as against public policy with respect to the use of a peer-to-peer car sharing program or shared vehicle in this state. 9. A peer-to-peer car sharing program administrator shall be deemed to have received notice of injuries to or death of persons or losses of property covered under the insurance and financial security requirements of this article at the earlier of notice received by the peer-to-peer car sharing program administrator or notice received by the shared vehicle owner. A shared vehicle owner shall promptly give actual notice to the peer-to-peer car sharing program administrator and its insurers, including notice in the form and manner as required in the peer-to-peer car sharing agreement, of any injuries to or death of persons or losses of property potentially covered by insurance maintained by the peer-to-peer car sharing program administrator. A peer-to-peer car sharing program administrator or its insurers shall be deemed to have received actual notice when a shared vehicle owner notifies the peer-to-peer car sharing program administrator or its insurers when the shared vehicle owner provided notice in the form and manner required in the peer-to-peer car sharing agreement. 10. For purposes of article fifty-one of the insurance law, 11 NYCRR Part 65 and general liability claims, notice to the shared vehicle owner, shared vehicle driver, peer-to-peer car sharing program administrator or any insurer of the shared vehicle owner, shared vehicle driver, or peer-to-peer car sharing program administrator of any claim shall be deemed notice to all appropriate parties and insurers. Any shared vehicle owner, shared vehicle driver, peer-to-peer car sharing program administrator or any insurer of the shared vehicle owner, shared vehicle driver, or peer-to-peer car sharing program administrator receiving such notice shall provide such notice to all appropriate parties.
