N.Y. Gen. Bus. Law § 914

* § 914. Optional vehicle protection; requirements. 1. (a) (i) A\npeer-to-peer car sharing program shall not charge a separately itemized\nfee solely for optional vehicle protection, except as follows:\n (A) the fee charged by a peer-to-peer car sharing program shall\nrepresent the program's good-faith estimate of a daily charge, as\ncalculated by the program, to recover the actual, total annual expenses,\nincurred by the program, together with a commercially reasonable\nallowance for the contractual risks assumed by the program, for the\nprogram's agreement with shared vehicle drivers to contractually assume\nliability for all or part of any damage or loss to the shared vehicle\nduring the care sharing period;\n (B) if the total amount of optional vehicle protection fees collected\nby a peer-to-peer car sharing program under this section in any calendar\nyear exceeds the program's actual costs, the program shall:\n (1) retain the excess amount; and\n (2) adjust the estimated, average per day optional vehicle protection\nfee for the following calendar year by a corresponding amount.\n (ii) Nothing in this section shall prevent a peer-to-peer car sharing\nprogram from making adjustment to the optional vehicle protection fee\nduring the calendar year.\n (b) A peer-to-peer car sharing program shall not sell optional vehicle\nprotection unless the shared vehicle driver or shared vehicle owner\nagrees to the purchase of such protection in writing at or prior to the\ntime the peer-to-peer car sharing agreement is executed.\n (c) A peer-to-peer car sharing program shall not void optional vehicle\nprotection contractually assumed from the shared vehicle owner except\nfor one or more of the following reasons:\n (i) the damage or loss is caused intentionally or as a result of\nwillful, wanton, or reckless conduct of the driver;\n (ii) the damage or loss arises out of the driver's operation of the\nvehicle while intoxicated or unlawfully impaired by the use of alcohol\nor drugs;\n (iii) the peer-to-peer car sharing program entered into the\npeer-to-peer car sharing agreement based on fraudulent or materially\nfalse information supplied by the shared vehicle driver;\n (iv) the damage or loss arises out of the use of the vehicle while\nengaged in the commission of a crime other than a traffic infraction;\n (v) the damage or loss arises out of the use of the shared vehicle to\ncarry persons or property for hire, as a transportation network company\nor TNC vehicle as defined in article forty-four-B of the vehicle and\ntraffic law, to push or tow anything, while engaged in a speed contest,\noperating off-road, or for driver's training;\n (vi) the damage or loss arises out of the use of the shared vehicle by\na person other than: (1) the shared vehicle driver; (2) the shared\nvehicle driver's spouse, child over the age of eighteen or a parent or\nparent-in-law of the shared vehicle driver, provided such spouse, child,\nparent or parent-in-law is properly licensed to operate a motor vehicle\nand resides in the same household as the shared vehicle driver; or (3) a\nparking valet or parking garage attendant for compensation and in the\nnormal course of employment;\n (vii) the damage or loss arises out of the use of the shared vehicle\noutside of the United States when that use is not specifically\nauthorized by the peer-to-peer car sharing agreement; or\n (viii) the shared vehicle driver or his or her spouse, child over the\nage of eighteen or a parent or parent-in-law of the shared vehicle\ndriver have failed to comply with the requirements for reporting damage\nor loss as set forth in subdivision five of this section;\n (ix) the shared vehicle owner knowingly provided erroneous or\ninaccurate information to the peer-to-peer car sharing program in\nconnection with any reservation for which the shared vehicle owner has\nagreed that the peer-to-peer car sharing program will contractually\nassume the risk of loss for physical damage to the shared vehicle;\n (x) the shared vehicle owner fails to submit a claim for physical\ndamage in accordance with the terms and conditions of the peer-to-peer\ncar sharing program agreement; or\n (xi) where the shared vehicle owner fails to make the shared vehicle\navailable for inspection when a shared vehicle driver or the shared\nvehicle driver's insurer requests to inspect the shared vehicle in\naccordance with this article.\n (d) A shared vehicle driver may void optional vehicle protection prior\nto the beginning of the car sharing period within twenty-four hours of\npurchase provided that the customer: (i) has entered into a peer-to-peer\ncar sharing agreement with a term of two or more days; (ii) appears in\nperson before the shared vehicle owner together with the vehicle that\nshall be subject to inspection; and (iii) signs a cancellation form\nprovided by the peer-to-peer car sharing program.\n (e) After twenty-four hours of purchase, a customer may prospectively\nterminate optional vehicle protection prior to the beginning of the car\nsharing period, provided the customer: (i) appears in person before the\nshared vehicle owner together with the vehicle that shall be subject to\ninspection; (ii) voids the optional vehicle protection in writing; and\n(iii) pays the optional vehicle protection charge for any full or\npartial day or portion of a day during which the optional vehicle\nprotection was in effect.\n 2. Subject to the provisions of subdivisions six, seven, and eight of\nthis section, a peer-to-peer car sharing program may hold a shared\nvehicle driver liable for actual damage to, or loss of, a shared\nvehicle, provided that:\n (a) any claim for such damage shall be based on a physical inspection\nand shall be made upon the return of such shared vehicle; and\n (b) any charge for repair of such damage shall be limited to actual\nand reasonable costs and shall be assessed and billed separately and\napart from the peer-to-peer car sharing agreement.\n 3. (a) Any peer-to-peer car sharing program which states or permits to\nbe stated the costs of a shared vehicle in any advertisement shall state\nconspicuously, in plain language and in conjunction with the advertised\ncost of the shared vehicle and the daily rate of the applicable optional\nvehicle protection, that the rate constitutes an additional daily charge\nto the shared vehicle driver, that the purchase of such protection is\noptional, if such rate can be ascertained at the time of purchase and\nthat prospective shared vehicle drivers should examine their credit card\nprotections and automobile insurance policies for coverage.\n (b) Where a written advertisement, including all print media, contains\nthe statement of the cost of the shared vehicle, the disclosure required\nby this section shall be printed in type no less than size twelve-point\nfont.\n (c) When the website of a peer-to-peer car sharing program or the\nvideo presentation of a television or internet advertisement by such\npeer-to-peer car sharing program contains the written statement of the\ncost of a shared vehicle, the depiction of such cost of the optional\nvehicle protection shall be clear and conspicuous.\n (d) When a radio advertisement or the audio presentation of a\ntelevision advertisement contains the statement of the cost of a shared\nvehicle, the oral statement of such cost shall immediately be\naccompanied by an oral statement of the cost of the optional vehicle\nprotection if offered as a separately itemized product.\n (e) When a telephone, internet or other inquiry for the cost of a\nshared vehicle is made to a peer-to-peer car sharing program which\ninvolves an interaction with a representative of a peer-to-peer car\nsharing program, the representative of such peer-to-peer car sharing\nprogram shall, in response to the inquiry, advise that additional\noptional products that may be offered by such peer-to-peer car sharing\nprogram shall not be included in the daily rate. If an inquiry is made\nregarding optional vehicle protection, the representative shall provide\nthe cost of the optional vehicle protection and state that the purchase\nof such protection is optional and that the shared vehicle driver's\npersonal automobile insurance or credit card may provide coverage.\n (f) Any peer-to-peer car sharing program that offers optional vehicle\nprotection to a shared vehicle driver shall disclose to such person the\nfollowing information on its website:\n "NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS\nAND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR\nSHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract\noffers, for an additional charge, OVP to cover your financial\nresponsibility for damage or loss to the shared vehicle. OVP is also\ncommonly referred to as a "collision damage waiver". The purchase of OVP\nis optional and may be declined. Before deciding whether to purchase\nOVP, you may wish to determine whether your credit card, or the vehicle\ninsurance maintained by yourself or someone in your household, affords\nyou any coverage for damage to the shared vehicle, and the amount of\ndeductible under any such coverage. OVP - WHEN VOID: OVP is void and\nshall not apply to the following situations:\n 1. If the damage or loss is caused as a result of the shared vehicle\ndriver's intentional acts; willful, wanton, or reckless conduct of the\ndriver; or operation of the shared vehicle while intoxicated or\nunlawfully impaired by the use of alcohol or drugs;\n 2. The peer-to-peer car sharing program entered into the peer-to-peer\nsharing agreement based on fraudulent or materially false information\nsupplied by the shared vehicle driver;\n 3. The damage or loss arises out of the use of the shared vehicle:\n (a) while engaged in the commission of a crime, other than a traffic\ninfraction;\n (b) to carry persons or property for hire, as a transportation network\ncompany or TNC vehicle as defined in article forty-four-B of the vehicle\nand traffic law, to push or tow anything, while engaged in a speed\ncontest, operating off road, or for driver's training;\n (c) by a person other than: (1) the shared vehicle driver; (2) the\nshared vehicle driver's spouse, child over the age of eighteen or a\nparent or parent-in-law of the shared vehicle driver, provided such\nspouse, child, parent or parent-in-law is properly licensed to operate a\nmotor vehicle and resides in the same household as the shared vehicle\ndriver; or (3) a parking valet or parking garage attendant for\ncompensation and in the normal course of employment;\n (d) outside of the continental United States when not specifically\nauthorized by the peer-to-peer car sharing agreement;\n (e) where the shared vehicle driver, or his or her spouse, child over\nthe age of eighteen or a parent or parent-in-law of such shared vehicle\ndriver failed to comply with the requirements for reporting damage or\nloss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the\nshared vehicle sustains damage or loss, the shared vehicle driver is\nrequired to complete and return an incident report notice to the\npeer-to-peer car sharing program. OVP - RIGHT TO INSPECT VEHICLE\nDAMAGES: The shared vehicle driver and his or her insurer have the right\nto request an inspection of the shared vehicle damages within\nseventy-two hours of the return of the vehicle. Failure of the shared\nvehicle driver or his or her insurer to request such inspection within\nseventy-two hours of return shall be deemed a waiver of such person or\nentity's right to inspect the damaged vehicle. THEFT OF THE SHARED\nVEHICLE: If the shared vehicle is stolen during the term of a\npeer-to-peer car sharing agreement, a shared vehicle driver must report\nthe theft of the shared vehicle to the peer-to-peer car sharing program\nand a law enforcement agency within twelve hours of learning of such\ntheft."\n (f) The following disclosure notice shall be made on the face of the\npeer-to-peer car sharing agreement either by stamp, label or as part of\nthe written contract or on any other written document provided to the\nshared vehicle driver upon execution of such contract, and shall be set\napart in boldface type and in no smaller print than twelve-point font:\n"NOTICE: This agreement offers, for an additional charge, optional\nvehicle protection to cover your financial responsibility for damage or\nloss to the shared vehicle. The purchase of optional vehicle protection\nis optional and may be declined. You are advised to carefully consider\nwhether to purchase this protection if you have coverage provided by\nyour credit card or automobile insurance policy that will cover the\nshared vehicle. Before deciding whether to purchase optional vehicle\nprotection, you may wish to determine whether your credit card or your\nvehicle insurance affords you coverage for damage to the shared vehicle\nand the amount of deductible under such coverage."\n (g) The peer-to-peer car sharing agreement shall also include in\nboldface type and in no smaller print than twelve-point font and, in\nplain language, the conditions and exclusions set forth in paragraph (c)\nof subdivision one of this section. Upon identification by the shared\nvehicle owner or the peer-to-peer car sharing program of damage to the\nshared vehicle, such peer-to-peer car sharing program shall inform such\nshared vehicle driver of his or her right to inspect the vehicle, and\nthe procedures and time-frames for doing so, pursuant to paragraphs (b)\nand (c) of subdivision five of this section.\n 4. (a) Upon identification of damage by the shared vehicle owner or\npeer-to-peer car sharing program at the time of return of the shared\nvehicle, termination of the peer-to-peer car sharing agreement, or\nwithin ten days if an inspection for damage is precluded because the\nshared vehicle is returned by automation, returned after-hours, or\nrecovered by the shared vehicle owner or peer-to-peer car sharing\nprogram, the peer-to-peer car sharing program shall furnish an incident\nreport form and a notice, pursuant to this subdivision, of the\nobligation of the shared vehicle driver to execute and return to the\npeer-to-peer car sharing program a complete and accurate incident report\ndescribing any physical and/or mechanical damage. If the shared vehicle\nis returned by automation, returned after-hours, or recovered by the\nshared vehicle owner or peer-to-peer car sharing program, such incident\nreport form and notice shall be mailed by overnight delivery service or\ncertified mail, return receipt requested, and another copy of such\nnotification shall be sent by regular mail. The peer-to-peer car sharing\nprogram shall retain a copy of such notice and the certified mail return\nreceipt for a period of six years.\n (b) Within seventy-two hours of receipt of the incident report form\nand notice, either the shared vehicle driver or his or her insurer shall\nnotify or send notice to the peer-to-peer car sharing program that\neither he, she, or the insurer wishes to inspect the damaged vehicle. If\nthe shared vehicle driver or his or her insurer does not notify or send\na request for this inspection within the seventy-two-hour period, he,\nshe, or the insurer shall be deemed to have waived such right.\n (c) If the shared vehicle driver shall decline or fail to complete and\nreturn the incident report required pursuant to paragraph (a) of this\nsubdivision, the peer-to-peer car sharing program shall, no sooner than\nten days after the mailing of notification pursuant to such paragraph\n(a), mail another copy of the incident report together with a letter\nstating that the shared vehicle driver has declined or otherwise failed\nto complete and return the incident report. Such mailing shall be by\novernight delivery service or certified mail, return receipt requested,\nand another copy of such notification by regular mail, with proof of\nmailing by production of a certificate of mailing from the post office.\nWhen a request to inspect the vehicle shall have been timely made by the\nshared vehicle driver or his or her insurer, the inspection shall be\ncompleted within seven days of such request. If the peer-to-peer car\nsharing program determines the damaged vehicle to be a total loss and\nsubject to salvage, such seventy-two hour period for notification or\nwaiver of the wish to inspect the damaged vehicle shall not apply, and\nthe shared vehicle driver or his or her insurer shall have ten business\ndays from the shared vehicle driver's receipt of notification from the\npeer-to-peer car sharing program pursuant to paragraph (a) of this\nsubdivision to inspect the damaged vehicle, which shall be made\navailable by the shared vehicle owner. Within the limits provided in\nthis paragraph, the peer-to-peer car sharing program shall identify the\nrepairer of, and provide access to, the damaged vehicle, in order to\nverify the nature and extent of damages, repairs and repair costs,\nand/or repair estimates.\n (d) All notices shall be mailed to the address of the shared vehicle\ndriver as stated on his or her license, or other address as designated\nby him or her in the peer-to-peer car sharing agreement.\n (e) The shared vehicle driver shall complete and return the incident\nreport required by paragraph (a) of this subdivision within ten days of\nthe receipt of the notice required by such paragraph.\n (f) The notice required by this subdivision shall be in at least\ntwelve-point bold face type and shall contain the statement: "Failure to\ncompletely and accurately fill out and return an incident report within\nten days of receipt of this notice may make the shared vehicle driver\nliable for damages sustained to the shared vehicle. Except where the\ndamaged vehicle is determined to be a total loss and subject to salvage,\nthe shared vehicle driver or his or her insurer has seventy-two hours\nfrom the return or recovery of the vehicle to notify the peer-to-peer\ncar sharing program that he or she wishes to inspect the damaged\nvehicle. The inspection shall be completed within seven business days of\nthe request to inspect the shared vehicle. If the peer-to-peer car\nsharing program does not receive notification from the shared vehicle\ndriver or his or her insurer requesting such inspection within the\nseventy-two-hour period, the shared vehicle driver and his or her\ninsurer will be deemed to have waived this right. If the peer-to-peer\ncar sharing program determines the damaged vehicle to be a total loss\nand subject to salvage, such seventy-two-hour period for notification or\nwaiver of the wish to inspect the damaged vehicle shall not apply, and\nsuch right to inspect the damaged vehicle shall expire ten business days\nfrom the shared vehicle driver's receipt of this notice from the\npeer-to-peer car sharing company. Upon request of the shared vehicle\ndriver or his or her insurer, we will provide a copy of the professional\nestimate of the costs of repairing the damaged motor vehicle."\nInformation that is provided in response to a request by a peer-to-peer\ncar sharing program, but that is not provided on an incident report\nform, shall satisfy any reporting obligation of a shared vehicle driver\nif such response substantially complies with the applicable requirements\nof this section. If additional information is reasonably required by the\npeer-to-peer car sharing program in order to adjust any claim of loss,\nsame shall be requested of the shared vehicle driver as soon as\nreasonably practicable, who shall respond to same as soon as reasonably\npracticable.\n (g) (i) For purposes of this subdivision, each of the following shall\nconstitute an "incident report form":\n (A) a motor vehicle accident report pursuant to section six hundred\nfive of the vehicle and traffic law; or\n (B) any similar appropriate form furnished by the peer-to-peer car\nsharing program.\n (ii) An incident report form described in clause (B) of subparagraph\n(i) of this paragraph:\n (A) shall be sent or given to a shared vehicle driver with a request\nthat he or she provide information pursuant to this section concerning\ndamage to a vehicle possessed by a shared vehicle driver; and\n (B) such form may also be made available as a fill-in form on the\npeer-to-peer car sharing program's website, and the shared vehicle\ndriver shall be advised of the availability of such web-based fill-in\nform when a request for incident information is made pursuant to this\nsubdivision.\n (h) If the shared vehicle driver is physically incapable of completing\nthe report, the requirements of this subdivision shall lapse until after\nhe or she is able to complete the report and is notified that he or she\nshall complete and return the report as required by paragraph (b) of\nthis subdivision.\n (i) The peer-to-peer car sharing program shall, at least twenty days\nprior to commencing an action against the shared vehicle driver, provide\nhim or her an additional opportunity to complete and submit the incident\nreport by providing a second notice, along with another incident report\nform, by certified mail, return receipt requested, and another copy of\nsuch notice and report form by regular mail, with proof of mailing by\nproduction of a certificate of mailing. If such shared vehicle driver\nsends the peer-to-peer car sharing program a completed incident report\nwithin fifteen days of the receipt of the notice, the provisions of this\nsubdivision shall be deemed satisfied.\n 5. (a) A peer-to-peer car sharing program may hold a shared vehicle\ndriver liable to the extent permitted under this chapter for physical or\nmechanical damage to the shared vehicle that occurs during the time the\nshared vehicle is under the peer-to-peer car sharing agreement;\nprovided, however, that a shared vehicle driver shall not be liable for\nany normal wear and tear or mechanical damage that could reasonably be\nexpected from normal use of the vehicle. For the purposes of this\nsubdivision, the term "normal wear and tear" shall mean the\ndeterioration of the condition of the vehicle or its component parts due\nto repetitive use and does not include damage that materially diminishes\nthe value of the vehicle and arises from a specific occurrence or\naccident during the time the shared vehicle is subject to the\npeer-to-peer car sharing agreement; and the term "actual and reasonable\ncosts" shall mean the cost to repair the shared vehicle including all\ndiscounts and price adjustments available to the peer-to-peer car\nsharing program and shall include costs for towing, storage, and impound\nfees where applicable.\n (b) The total liability of a shared vehicle driver under paragraph (a)\nof this subdivision for damage to a shared vehicle shall not exceed the\nlesser of:\n (i) the actual and reasonable costs that the peer-to-peer car sharing\nprogram incurred to repair the motor vehicle or that the peer-to-peer\ncar sharing program would have incurred if the motor vehicle had been\nrepaired, which shall reflect any discounts, price reductions, or\nadjustments available to the peer-to-peer car sharing program; or\n (ii) the fair market value of the shared vehicle immediately before\nthe damage occurred, as determined in the applicable market for the\nretail sale of the shared vehicle, less any net disposal proceeds.\n (c) The total liability of a shared vehicle driver under paragraph (a)\nof this subdivision for loss of a shared vehicle shall not exceed\nreasonable costs incurred by the peer-to-peer car sharing program for\nsuch loss due to theft of such shared vehicle up to its fair market\nvalue, as determined by the applicable market for the retail sale of\nsuch vehicle if it is established that such shared vehicle driver\ncommitted, or aided or abetted in the commission of, the theft of such\nshared vehicle.\n (d) Damages incurred for the loss of use of a shared vehicle and\nrelated administrative fees shall not be recovered from any shared\nvehicle driver or his or her insurer.\n (e) A peer-to-peer car sharing program shall not hold a shared vehicle\ndriver liable for any amounts that the peer-to-peer car sharing program\nrecovers from any other party.\n (f) A peer-to-peer car sharing program shall not collect or attempt to\ncollect the amount described in paragraph (b) of this subdivision unless\nthe peer-to-peer car sharing program:\n (i) obtains an estimate from a repair company or an appraiser in the\nbusiness of providing such appraisals regarding the cost of repairing\nsuch shared vehicle;\n (ii) provides a copy of such estimate and photographic evidence upon\nrequest to such shared vehicle driver, as applicable who shall be liable\nunder paragraph (a) of this subdivision, and the insurer of such shared\nvehicle driver; and\n (iii) submits a copy of such estimate with any claim to collect the\namount described in paragraph (b) of this subdivision.\n (g) A claim against a shared vehicle driver resulting from damage or\nloss to a shared vehicle shall be reasonable and reflect the value of\nthe actual loss incurred. A peer-to-peer car sharing program shall\nmitigate damages where possible and shall not assert or collect any\nclaim for physical damage which exceeds the amount authorized under\nparagraph (b) of this subdivision.\n (h) If insurance coverage exists under an applicable insurance policy\nof the driver of a shared vehicle, such driver may require that the\npeer-to-peer car sharing program submit any claims to such driver's\ninsurance carrier. Upon the request of a shared vehicle driver, the\npeer-to-peer car sharing program shall submit any claims to such\ndriver's insurance carrier and shall not make any written or oral\nrepresentations to the contrary, nor shall it make any written or oral\nrepresentations that it shall not negotiate with such driver's insurance\ncarrier.\n 6. (a) No peer-to-peer car sharing program shall collect or charge any\nsecurity deposit by credit card, debit card or otherwise, for damages to\na shared vehicle or report the debt to any consumer reporting agency, as\ndefined in subdivision (e) of section three hundred eighty-a of this\nchapter, during the term of the peer-to-peer car sharing program\nagreement, pending resolution of any dispute, or prior to obtaining\njudgment in a court of competent jurisdiction.\n (b) No peer-to-peer car sharing program shall require a deposit or an\nadvance charge against the credit card or debit card of a shared vehicle\ndriver, in any form, for damages to a shared vehicle which is in the\nshared vehicle driver's possession or control.\n (c) No peer-to-peer car sharing program shall collect or charge any\npayment from a shared vehicle driver for damage to a shared vehicle upon\nreturn or recovery of such vehicle in a damaged condition, until after\nthe cost of the damage to such vehicle and liability therefor is agreed\nto between such peer-to-peer car sharing program and a shared vehicle\ndriver or his or her insurer, or is determined pursuant to law or\npeer-to-peer car sharing program agreement provisions consistent with\nlaw and the rights and obligations set forth in this section, unless\nthere is proof corroborating that the damage did not exist prior to the\nreservation and the damage is appraised by an independent third-party\nappraiser; provided, however, that a peer-to-peer car sharing program is\nnot precluded from presenting a claim to a shared vehicle driver and his\nor her insurer pursuant to other provisions of this section.\n (d) Causes of action concerning the existence of, liability for, and\nextent and cost of damage to such vehicle shall, where appropriate, be\ncommenced by a peer-to-peer car sharing program in a court of competent\njurisdiction, in accordance with the limitations and jurisdiction of the\nappropriate court act, provided the claimant has first mailed a demand\nletter. A demand letter sent by the peer-to-peer car sharing program\npursuant to this paragraph shall contain: (i) the name and post office\naddress of such peer-to-peer car sharing program, and of its attorney,\nif any; (ii) the nature of such claim; (iii) the time when, the place\nwhere and the manner in which such claim arose, if known, or if not\nknown, the time when and place where the damage was discovered by the\nshared vehicle owner or peer-to-peer car sharing program; and (iv) the\nitems of damage or injuries claimed to have been sustained, accompanied\nby supporting documentation, such as repair bills, invoices and\nestimates in the possession of or available to such peer-to-peer car\nsharing program. Such demand letter shall be served upon such shared\nvehicle driver and his or her insurer in a manner reasonably designed to\ngive actual notice, via regular and certified mail, return receipt\nrequested. Nothing contained herein shall prohibit a peer-to-peer car\nsharing program and a shared vehicle driver or his or her insurer from\nentering into an agreement after a claim of loss to submit the matter to\narbitration or mediation.\n 7. No peer-to-peer car sharing program shall hold any shared vehicle\ndriver liable for any damage to, or loss of, a shared vehicle, as\nprovided by this section, unless such peer-to-peer car sharing program\nprominently discloses, in the peer-to-peer car sharing agreement, in at\nleast twelve point bold face display, the nature and extent of such\nliability and such driver's rights and responsibilities pursuant to\nparagraph (c) of subdivision one of this section and paragraph (f) of\nsubdivision three of this section.\n 8. A shared vehicle driver shall provide notice to the peer-to-peer\ncar sharing platform and appropriate law enforcement agency immediately\nupon learning of the theft of a shared vehicle.\n * NB Effective March 22, 2022\n