Incorporates car sharing definitions, requires program to assume liability for shared vehicle owner for bodily injury/property damage and uninsured/underinsured losses.
Shared vehicle owner and driver must have motor vehicle liability insurance, liability does not apply to material misrepresentation, failure to return vehicle per agreement.
Must have primary insurance during car sharing period, insurer, insurers and the program will assume liability when there is dispute re control or vehicle return issue.
If shared vehicle owner/driver insurance has lapsed or is lacking proper coverage, the car sharing program will cover the difference and has a duty to also defend the claim.
Coverage is also independent on claim denial; vehicle owner who registers as a shared owner in the program will be notified if there is a lien attached to the shared vehicle.
Authorized insurer that writes motor vehicle liability insurance may exclude coverage.
Program will collect/verify records re vehicle use, pick up/drop off locations, fees and insurer data for 3 years, program, shared vehicle owner exempt for vicarious liability.
Insurer has indemnity rights; program has insurable interest during the sharing period.
Legislative History
On Feb. 16, 2024, bill introduced in Senate; on Mar. 12, 2024, bill passed in Senate.
On Mar. 14, 2024, bill was delivered to House; on Apr. 3, 2024, bill passed in House.
On Apr. 17, 2024, bill delivered to governor, and is pending action by Apr. 23, 2024.
Effectiveness
In force 270 days from date governor signs, or effective without governor's signature.
Apr. 22, 2024 MS LEG Governor Approval
On Apr. 22, 2024, MS LEG governor approved bill SB 2530, effective Jan. 17, 2025.
In Aug 2024, MS INS issued peer-to-peer car sharing program rules, see #222732.
