60-3404.

Motor vehicle liability insurance policy; other acceptable means of demonstrating financial responsibility; coverage.

(1) A program shall require during each sharing period that the owner and driver are insured under a motor vehicle liability insurance policy that:

(a) Provides financial responsibility in amounts no less than the minimum amounts required by section 60-310; and

(b)(i) Recognizes that the vehicle is made available and used through the program; or

(ii) Does not exclude use of the vehicle by a driver through the program.

(2) The financial responsibility required under subsection (1) of this section may be satisfied by motor vehicle liability insurance or other acceptable means of demonstrating financial responsibility in Nebraska, voluntarily maintained by:

(a) The owner;

(b) The driver;

(c) The program; or

(d) Any combination of owner, driver, and program.

(3) The financial responsibility described in subsection (1) of this section and satisfied pursuant to subsection (2) of this section shall be the primary coverage during the sharing period in the event that a claim occurs in another state with minimum financial responsibility limits higher than those required under section 60-310, and during the sharing period the coverage maintained under subsection (2) of this section shall satisfy any difference in minimum coverage amounts, up to the applicable policy limits.

(4) The insurer, insurers, or program providing coverage under section 60-3403 or 60-3404 shall assume primary financial liability for a claim when:

(a) A dispute exists as to who was in control of the vehicle at the time of the loss and the program does not have available, did not retain, or fails to provide the information required by section 60-3407; or

(b) A dispute exists as to whether the vehicle was returned to the alternative location pursuant to subdivision (9)(b) of section 60-3402.

(5) If financial responsibility maintained by the owner or the driver in accordance with subsection (2) of this section has lapsed or does not provide the required financial responsibility, the program or its insurer shall provide the coverage required by subsection (1) of this section beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as set forth in subsection (2) of section 60-3403.

(6) Financial responsibility maintained by the program shall not be dependent on another insurer first denying a claim, nor shall another motor vehicle liability insurance policy be required to first deny a claim.

(7) Nothing in the Peer-to-Peer Vehicle Sharing Program Act:

(a) Limits the liability of a program for any act or omission of the program itself that results in injury or economic loss to any person as a result of the use of a vehicle through the program; or

(b) Limits the ability of a program, by contract, to seek indemnification from an owner or a driver for economic loss sustained by the program resulting from a breach of the terms and conditions of an agreement by such owner or driver.