N.Y. Gen. Bus. Law § 903

* § 903. Program liability. 1. Notwithstanding any other provision of\nlaw, or any provision in a shared vehicle owner's policy of motor\nvehicle liability insurance, in the event of a loss or injury that shall\noccur during the peer-to-peer car sharing period, the peer-to-peer car\nsharing program insurers providing coverages under section nine hundred\ntwo of this article shall provide financial responsibility for any\nbodily injury, death, or damage to property in amounts not to exceed\nthose stated in the peer-to-peer car sharing program agreement and not\nless than those amounts required in section nine hundred two of this\narticle, and the peer-to-peer car sharing program shall retain such\nliability irrespective of a lapse in the group policy or any other\ninsurance policy or financial security maintained by the program.\n 2. The insurer or insurers providing group liability insurance to the\npeer-to-peer car sharing program pursuant to section nine hundred two of\nthis article shall be primary during each car sharing period. Provided\nhowever, where: (a) a good faith dispute exists regarding who was in\ncontrol of the vehicle when the loss occurred giving rise to such claim\nor whether the loss occurred outside of the car sharing period; and (b)\nthe peer-to-peer car sharing program does not have available, did not\nretain, or is otherwise unable to provide information demonstrating who\nwas in control at the time of the loss or whether the loss occurred\noutside of the car sharing period, the shared vehicle owner's private\nmotor vehicle insurer shall indemnify insurer or insurers providing\ngroup liability, to the extent of its obligation under the applicable\ninsurance policy, if it is determined that the loss occurred outside of\nthe peer-to-peer car sharing period. The peer-to-peer car sharing\nprogram shall notify the registered owner's insurer of any such dispute\nwithin fifteen days of becoming aware that such a dispute exists.\n 3. In the event that the shared vehicle owner or the shared vehicle\nowner's personal motor vehicle insurer is named as a defendant in a\ncivil action for a loss or injury that occurs during any time within the\npeer-to-peer car sharing period, or otherwise under the direct and\nimmediate control of a peer-to-peer car sharing program, the\npeer-to-peer car sharing program shall have the duty to defend and\nindemnify the shared vehicle owner and the shared vehicle owner's\ninsurer subject to the provisions of this section, section nine hundred\ntwo of this article and section three thousand four hundred fifty-eight\nof the insurance law.\n 4. A motor vehicle liability insurer who defends or indemnifies a\nclaim against a shared vehicle which is excluded under the terms of its\npolicy shall have the right to seek contribution against the\npeer-to-peer car sharing program's insurer, if the claim is made against\nthe shared vehicle owner, the shared vehicle driver or authorized\noperator for loss or injury which occurs during the car sharing period.\n 5. A peer-to-peer car sharing program may contractually assume the\nrisk of loss due to physical damage to shared vehicles during the time\nthat such shared vehicles are in the custody of the shared vehicle\ndriver or peer-to-peer car sharing program, and that such assumption of\nrisk:\n (a) shall not be deemed to be physical damage insurance;\n (b) that the terms of such contractual assumption may provide that the\nprogram assumes the risk of physical damage loss to the vehicle in\nexcess of a sum certain; and\n (c) if the terms of such contractual assumption include a separately\nitemized fee charged to the shared vehicle driver solely for the\ncontractual assumption of the risk of loss due to physical damage, then\nit shall be provided under the terms set forth in this article.\n 6. To the extent not otherwise prohibited by state or federal law, in\na claims coverage investigation, a peer-to-peer car sharing program\nshall cooperate to facilitate the exchange of relevant information with\ndirectly involved parties and any insurer of a shared vehicle owner's or\nshared vehicle driver's participation in a peer-to-peer car sharing\nprogram.\n 7. In addition to other remedies available at law, the attorney\ngeneral shall have authority to enforce this article as authorized by\nlaw, including injunctive and other legal and equitable relief for\nnon-compliance by a car sharing program or any other party through civil\nproceedings.\n 8. Any provision in a peer-to-peer car sharing agreement designated by\nthe courts of another jurisdiction as the exclusive forum for resolving\ndisputes shall be deemed void as against public policy with respect to\nthe use of a peer-to-peer car sharing platform or shared vehicle in this\nstate.\n 9. A peer-to-peer car sharing program shall be deemed to have received\nnotice of injuries to persons or property covered under the insurance\nand financial security requirements of this article at the earlier of\nnotice received by the peer-to-peer car sharing program or notice\nreceived by the shared vehicle owner. A shared vehicle owner shall\npromptly give actual notice to the peer-to-peer car sharing program and\nits insurers, including notice in the form and manner as required in the\npeer-to-peer car sharing agreement, of any losses potentially covered by\ninsurance maintained by the peer-to-peer car sharing program. A\npeer-to-peer car sharing program or its insurers shall be deemed to have\nreceived actual notice when a shared vehicle owner notifies the\npeer-to-peer car sharing program or its insurers when the shared vehicle\nowner provided notice in the form and manner required in the\npeer-to-peer car sharing agreement.\n 10. For purposes of article fifty-one of the insurance law, 11 NYCRR\nPart 65 and general liability claims, notice to the shared vehicle\nowner, shared vehicle driver, peer-to-peer car sharing program or any\ninsurer of the shared vehicle owner, shared vehicle driver, or\npeer-to-peer car sharing program of any claim shall be deemed notice to\nall appropriate parties and insurers. Any shared vehicle owner, shared\nvehicle driver, peer-to-peer car sharing program or any insurer of the\nshared vehicle owner, shared vehicle driver, or peer-to-peer car sharing\nprogram receiving such notice shall provide such notice to all\nappropriate parties.\n * NB Effective March 22, 2022\n