§7404. Liability provisions
1. Provider liable as if owner. Notwithstanding any provision of law to the contrary or any provision in a motor vehicle insurance policy, in the event a loss or injury occurs during a car sharing period or while a motor vehicle is under the control of a provider, the provider is deemed the owner of the motor vehicle under Title 29‑A, section 1652 and any provision of law that may impose liability upon the owner of a motor vehicle solely based on ownership of the motor vehicle. The provider retains liability regardless of any lapse in the provider's policy or whether that liability is covered under the provider's policy or any other insurance policy under which the provider is insured.
[PL 2019, c. 367, §1 (NEW).]
2. Indemnification. In the event that the shared vehicle owner or the shared vehicle owner's insurer is named as a defendant in a civil action for a loss or injury that occurs during any time within the car sharing period or when the motor vehicle is under the control of the provider, the provider's insurer has the duty to defend and indemnify the shared vehicle owner and the shared vehicle owner's insurer.
[PL 2019, c. 367, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 367, §1 (NEW).
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