Legislation
SECTION 913
Optional vehicle protection; requirements
General Business (GBS) CHAPTER 20, ARTICLE 40
§ 913. Optional vehicle protection; requirements. 1. (a) (i) A
peer-to-peer car sharing program administrator shall not charge a
separately itemized fee solely for optional vehicle protection, except
as follows:
(A) the fee charged by a peer-to-peer car sharing program
administrator shall represent the administrator's good-faith estimate of
a daily charge, as calculated by the administrator, to recover the
actual, total annual expenses, incurred by the administrator, together
with a commercially reasonable allowance for the contractual risks
assumed by the administrator, for the administrator's agreement with
shared vehicle drivers to contractually assume liability for all or part
of any damage or loss to the shared vehicle during the car sharing
period;
(B) if the total amount of optional vehicle protection fees collected
by a peer-to-peer car sharing program administrator under this section
in any calendar year exceeds the administrator's actual costs, the
administrator shall:
(1) retain the excess amount; and
(2) adjust the estimated, average per day optional vehicle protection
fee for the following calendar year by a corresponding amount.
(ii) Nothing in this section shall prevent a peer-to-peer car sharing
program administrator from making adjustment to the optional vehicle
protection fee during the calendar year.
(b) A peer-to-peer car sharing program administrator shall not sell
optional vehicle protection unless the shared vehicle driver or shared
vehicle owner agrees to the purchase of such protection in writing at or
prior to the time the peer-to-peer car sharing agreement is executed.
(c) A peer-to-peer car sharing program administrator shall not void
optional vehicle protection contractually assumed from the shared
vehicle owner except for one or more of the following reasons:
(i) the damage or loss is caused intentionally or as a result of
willful, wanton, or reckless conduct of the shared vehicle driver;
(ii) the damage or loss arises out of the shared vehicle driver's use
or operation of the shared vehicle while intoxicated or unlawfully
impaired by the use of alcohol or drugs;
(iii) the peer-to-peer car sharing program administrator entered into
the peer-to-peer car sharing agreement based on fraudulent or materially
false information supplied by the shared vehicle driver;
(iv) the damage or loss arises out of the use or operation of the
shared vehicle while engaged in the commission of a crime other than a
traffic infraction;
(v) the damage or loss arises out of the use or operation of the
shared vehicle to carry persons or property for hire, as a
transportation network company or TNC vehicle as defined in article
forty-four-B of the vehicle and traffic law, to push or tow anything,
while engaged in a speed contest, operating off-road, or for driver's
training;
(vi) the damage or loss arises out of the use or operation of the
shared vehicle by a person other than: (1) the shared vehicle driver;
(2) the shared vehicle driver's spouse, child over the age of eighteen
or a parent or parent-in-law of the shared vehicle driver, provided such
spouse, child, parent or parent-in-law is properly licensed to operate a
motor vehicle and resides in the same household as the shared vehicle
driver; (3) a parking valet or parking garage attendant for compensation
and in the normal course of employment; (4) any person who uses or
operates the motor vehicle through a program during an emergency
situation to a medical facility; or (5) any person licensed to drive who
expressly is authorized to use or operate the motor vehicle by both the
shared vehicle owner and the peer-to-peer car sharing agreement;
(vii) the damage or loss arises out of the use or operation of the
shared vehicle outside of the United States when that use or operation
is not specifically authorized by the peer-to-peer car sharing
agreement; or
(viii) the shared vehicle driver or his or her spouse, child over the
age of eighteen or a parent or parent-in-law of the shared vehicle
driver have failed to comply with the requirements for reporting damage
or loss as set forth in subdivision four of this section;
(ix) the shared vehicle owner knowingly provided erroneous or
inaccurate information to the peer-to-peer car sharing program
administrator in connection with any reservation for which the shared
vehicle owner has agreed that the peer-to-peer car sharing program will
contractually assume the risk of loss for physical damage to the shared
vehicle;
(x) the shared vehicle owner fails to submit a claim for physical
damage in accordance with the terms and conditions of the peer-to-peer
car sharing program agreement; or
(xi) where the shared vehicle owner fails to make the shared vehicle
available for inspection when a shared vehicle driver or the shared
vehicle driver's insurer requests to inspect the shared vehicle in
accordance with this article.
(d) A shared vehicle driver may void optional vehicle protection prior
to the beginning of the car sharing period within twenty-four hours of
purchase provided that the shared vehicle driver: (i) has entered into a
peer-to-peer car sharing agreement with a term of two or more days; (ii)
appears in person before the shared vehicle owner together with the
shared vehicle that shall be subject to inspection; and (iii) signs a
cancellation form provided by the peer-to-peer car sharing program
administrator.
(e) After twenty-four hours of purchase, a shared vehicle driver may
prospectively terminate optional vehicle protection prior to the
beginning of the car sharing period, provided the shared vehicle driver:
(i) appears in person before the shared vehicle owner together with the
shared vehicle that shall be subject to inspection; (ii) voids the
optional vehicle protection in writing; and (iii) pays the optional
vehicle protection charge for any full or partial day or portion of a
day during which the optional vehicle protection was in effect.
2. Subject to the provisions of subdivisions six, seven, and eight of
this section, a peer-to-peer car sharing program administrator may hold
a shared vehicle driver liable for actual damage to, or loss of, a
shared vehicle, provided that:
(a) any claim for such damage shall be based on a physical inspection
and shall be made upon the return of such shared vehicle; and
(b) any charge for repair of such damage shall be limited to actual
and reasonable costs and shall be assessed and billed separately and
apart from the peer-to-peer car sharing agreement.
3. (a) Any peer-to-peer car sharing program administrator that states
or permits to be stated the costs of a shared vehicle in any
advertisement shall state conspicuously, in plain language and in
conjunction with the advertised cost of the shared vehicle and the daily
rate of the applicable optional vehicle protection, that the rate
constitutes an additional daily charge to the shared vehicle driver,
that the purchase of such protection is optional, if such rate can be
ascertained at the time of purchase and that prospective shared vehicle
drivers should examine their credit card protections and motor vehicle
insurance policies for coverage.
(b) Where a written advertisement, including all print media, contains
the statement of the cost of the shared vehicle, the disclosure required
by this section shall be printed in type no less than size twelve-point
font.
(c) When the website of a peer-to-peer car sharing program
administrator or the video presentation of a television or internet
advertisement by such peer-to-peer car sharing program administrator
contains the written statement of the cost of a shared vehicle, the
depiction of such cost of the optional vehicle protection shall be clear
and conspicuous.
(d) When a radio advertisement or the audio presentation of a
television advertisement contains the statement of the cost of a shared
vehicle, the oral statement of such cost shall immediately be
accompanied by an oral statement of the cost of the optional vehicle
protection if offered as a separately itemized product.
(e) When a telephone, internet or other inquiry for the cost of a
shared vehicle is made to a peer-to-peer car sharing program
administrator that involves an interaction with a representative of a
peer-to-peer car sharing program administrator, the representative of
such peer-to-peer car sharing program administrator shall, in response
to the inquiry, advise that additional optional products that may be
offered by such peer-to-peer car sharing program administrator shall not
be included in the daily rate. If an inquiry is made regarding optional
vehicle protection, the representative shall provide the cost of the
optional vehicle protection and state that the purchase of such
protection is optional and that the shared vehicle driver's personal
motor vehicle insurance or credit card may provide coverage.
(f) Any peer-to-peer car sharing program administrator that offers
optional vehicle protection to a shared vehicle driver shall disclose to
such driver the following information on its website:
"NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS
AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR
SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract
offers, for an additional charge, OVP to cover your financial
responsibility for damage or loss to the shared vehicle. OVP is also
commonly referred to as a "collision damage waiver". The purchase of OVP
is optional and may be declined. Before deciding whether to purchase
OVP, you may wish to determine whether your credit card, or the motor
vehicle insurance maintained by yourself or someone in your household,
affords you any coverage for damage to the shared vehicle, and the
amount of deductible under any such coverage. OVP - WHEN VOID: OVP is
void and shall not apply to the following situations:
1. If the damage or loss is caused as a result of the shared vehicle
driver's intentional acts; willful, wanton, or reckless conduct of the
driver; or the use or operation of the shared vehicle while intoxicated
or unlawfully impaired by the use of alcohol or drugs;
2. The peer-to-peer car sharing program administrator entered into the
peer-to-peer sharing agreement based on fraudulent or materially false
information supplied by the shared vehicle driver;
3. The damage or loss arises out of the use or operation of the shared
vehicle:
(a) while engaged in the commission of a crime, other than a traffic
infraction;
(b) to carry persons or property for hire, as a transportation network
company or TNC vehicle as defined in article forty-four-B of the vehicle
and traffic law, to push or tow anything, while engaged in a speed
contest, operating off road, or for driver's training;
(c) by a person other than: (1) the shared vehicle driver; (2) the
shared vehicle driver's spouse, child over the age of eighteen or a
parent or parent-in-law of the shared vehicle driver, provided such
spouse, child, parent or parent-in-law is properly licensed to operate a
motor vehicle and resides in the same household as the shared vehicle
driver; (3) a parking valet or parking garage attendant for compensation
and in the normal course of employment; (4) any person who uses or
operates the motor vehicle through a program during an emergency
situation to a medical facility; or (5) any person licensed to drive who
expressly is authorized to use or operate the motor vehicle by both the
shared vehicle owner and the peer-to-peer car sharing agreement;
(d) outside of the United States when not specifically authorized by
the peer-to-peer car sharing agreement;
(e) where the shared vehicle driver, or his or her spouse, child over
the age of eighteen or a parent or parent-in-law of such shared vehicle
driver failed to comply with the requirements for reporting damage or
loss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the
shared vehicle sustains damage or loss, the shared vehicle driver is
required to complete and return an incident report notice to the
peer-to-peer car sharing program administrator. OVP - RIGHT TO INSPECT
VEHICLE DAMAGES: The shared vehicle driver and his or her insurer have
the right to request an inspection of the shared vehicle damages within
seventy-two hours of the return of the vehicle. Failure of the shared
vehicle driver or his or her insurer to request such inspection within
seventy-two hours of return shall be deemed a waiver of such person or
entity's right to inspect the damaged vehicle. THEFT OF THE SHARED
VEHICLE: If the shared vehicle is stolen during the term of a
peer-to-peer car sharing agreement, a shared vehicle driver must report
the theft of the shared vehicle to the peer-to-peer car sharing program
administrator and a law enforcement agency within twelve hours of
learning of such theft."
(f) The following disclosure notice shall be made on the face of the
peer-to-peer car sharing agreement either by stamp, label or as part of
the written contract or on any other written document provided to the
shared vehicle driver upon execution of such contract, and shall be set
apart in boldface type and in no smaller print than twelve-point font:
"NOTICE: This agreement offers, for an additional charge, optional
vehicle protection to cover your financial responsibility for damage or
loss to the shared vehicle. The purchase of optional vehicle protection
is optional and may be declined. You are advised to carefully consider
whether to purchase this protection if you have coverage provided by
your credit card or motor vehicle insurance policy that will cover the
shared vehicle. Before deciding whether to purchase optional vehicle
protection, you may wish to determine whether your credit card or your
motor vehicle insurance affords you coverage for damage to the shared
vehicle and the amount of deductible under such coverage."
(g) The peer-to-peer car sharing agreement shall also include in
boldface type and in no smaller print than twelve-point font and, in
plain language, the conditions and exclusions set forth in paragraph (c)
of subdivision one of this section. Upon identification by the shared
vehicle owner or the peer-to-peer car sharing program administrator of
damage to the shared vehicle, such peer-to-peer car sharing program
administrator shall inform such shared vehicle driver of his or her
right to inspect the vehicle, and the procedures and time-frames for
doing so, pursuant to paragraphs (b) and (c) of subdivision five of this
section.
4. (a) Upon identification of damage by the shared vehicle owner or
peer-to-peer car sharing program administrator at the time of return of
the shared vehicle, termination of the peer-to-peer car sharing
agreement, or within ten days if an inspection for damage is precluded
because the shared vehicle is returned by automation, returned
after-hours, or recovered by the shared vehicle owner or peer-to-peer
car sharing program administrator, the peer-to-peer car sharing program
administrator shall furnish an incident report form and a notice,
pursuant to this subdivision, of the obligation of the shared vehicle
driver to execute and return to the peer-to-peer car sharing program
administrator a complete and accurate incident report describing any
physical and/or mechanical damage. If the shared vehicle is returned by
automation, returned after-hours, or recovered by the shared vehicle
owner or peer-to-peer car sharing program administrator, such incident
report form and notice shall be mailed by overnight delivery service or
certified mail, return receipt requested, and another copy of such
notification shall be sent by regular mail. The peer-to-peer car sharing
program administrator shall retain a copy of such notice and the
certified mail return receipt for a period of six years.
(b) Within seventy-two hours of receipt of the incident report form
and notice, either the shared vehicle driver or his or her insurer shall
notify or send notice to the peer-to-peer car sharing program
administrator that either he, she, or the insurer wishes to inspect the
damaged vehicle. If the shared vehicle driver or his or her insurer does
not notify or send a request for this inspection within the
seventy-two-hour period, he, she, or the insurer shall be deemed to have
waived such right.
(c) If the shared vehicle driver shall decline or fail to complete and
return the incident report required pursuant to paragraph (a) of this
subdivision, the peer-to-peer car sharing program administrator shall,
no sooner than ten days after the mailing of notification pursuant to
such paragraph (a), mail another copy of the incident report together
with a letter stating that the shared vehicle driver has declined or
otherwise failed to complete and return the incident report. Such
mailing shall be by overnight delivery service or certified mail, return
receipt requested, and another copy of such notification by regular
mail, with proof of mailing by production of a certificate of mailing
from the post office. When a request to inspect the vehicle shall have
been timely made by the shared vehicle driver or his or her insurer, the
inspection shall be completed within seven days of such request. If the
peer-to-peer car sharing program administrator determines the damaged
vehicle to be a total loss and subject to salvage, such seventy-two hour
period for notification or waiver of the wish to inspect the damaged
vehicle shall not apply, and the shared vehicle driver or his or her
insurer shall have ten business days from the shared vehicle driver's
receipt of notification from the peer-to-peer car sharing program
administrator pursuant to paragraph (a) of this subdivision to inspect
the damaged vehicle, which shall be made available by the shared vehicle
owner. Within the limits provided in this paragraph, the peer-to-peer
car sharing program administrator shall identify the repairer of, and
provide access to, the damaged vehicle, in order to verify the nature
and extent of damages, repairs and repair costs, and/or repair
estimates.
(d) All notices shall be mailed to the address of the shared vehicle
driver as stated on his or her license, or other address as designated
by him or her in the peer-to-peer car sharing agreement.
(e) The shared vehicle driver shall complete and return the incident
report required by paragraph (a) of this subdivision within ten days of
the receipt of the notice required by such paragraph.
(f) The notice required by this subdivision shall be in at least
twelve-point bold face type and shall contain the statement: "Failure to
completely and accurately fill out and return an incident report within
ten days of receipt of this notice may make the shared vehicle driver
liable for damages sustained to the shared vehicle. Except where the
damaged vehicle is determined to be a total loss and subject to salvage,
the shared vehicle driver or his or her insurer has seventy-two hours
from the return or recovery of the vehicle to notify the peer-to-peer
car sharing program administrator that he or she wishes to inspect the
damaged vehicle. The inspection shall be completed within seven business
days of the request to inspect the shared vehicle. If the peer-to-peer
car sharing program administrator does not receive notification from the
shared vehicle driver or his or her insurer requesting such inspection
within the seventy-two-hour period, the shared vehicle driver and his or
her insurer will be deemed to have waived this right. If the
peer-to-peer car sharing program administrator determines the damaged
vehicle to be a total loss and subject to salvage, such seventy-two-hour
period for notification or waiver of the wish to inspect the damaged
vehicle shall not apply, and such right to inspect the damaged vehicle
shall expire ten business days from the shared vehicle driver's receipt
of this notice from the peer-to-peer car sharing company program
administrator. Upon request of the shared vehicle driver or his or her
insurer, we will provide a copy of the professional estimate of the
costs of repairing the damaged motor vehicle." Information that is
provided in response to a request by a peer-to-peer car sharing program
administrator, but that is not provided on an incident report form,
shall satisfy any reporting obligation of a shared vehicle driver if
such response substantially complies with the applicable requirements of
this section. If additional information is reasonably required by the
peer-to-peer car sharing program administrator in order to adjust any
claim of loss, same shall be requested of the shared vehicle driver as
soon as reasonably practicable, who shall respond to same as soon as
reasonably practicable.
(g) (i) For purposes of this subdivision, each of the following shall
constitute an "incident report form":
(A) a motor vehicle accident report pursuant to section six hundred
five of the vehicle and traffic law; or
(B) any similar appropriate form furnished by the peer-to-peer car
sharing program administrator.
(ii) An incident report form described in clause (B) of subparagraph
(i) of this paragraph:
(A) shall be sent or given to a shared vehicle driver with a request
that he or she provide information pursuant to this section concerning
damage to a vehicle possessed by a shared vehicle driver; and
(B) such form may also be made available as a fill-in form on the
peer-to-peer car sharing program administrator's website, and the shared
vehicle driver shall be advised of the availability of such web-based
fill-in form when a request for incident information is made pursuant to
this subdivision.
(h) If the shared vehicle driver is physically incapable of completing
the report, the requirements of this subdivision shall lapse until after
he or she is able to complete the report and is notified that he or she
shall complete and return the report as required by paragraph (b) of
this subdivision.
(i) The peer-to-peer car sharing program administrator shall, at least
twenty days prior to commencing an action against the shared vehicle
driver, provide him or her an additional opportunity to complete and
submit the incident report by providing a second notice, along with
another incident report form, by certified mail, return receipt
requested, and another copy of such notice and report form by regular
mail, with proof of mailing by production of a certificate of mailing.
If such shared vehicle driver sends the peer-to-peer car sharing program
administrator a completed incident report within fifteen days of the
receipt of the notice, the provisions of this subdivision shall be
deemed satisfied.
5. (a) A peer-to-peer car sharing program administrator may hold a
shared vehicle driver liable to the extent permitted under this section
for physical or mechanical damage to the shared vehicle that occurs
during the time the shared vehicle is used or operated under the
peer-to-peer car sharing agreement; provided, however, that a shared
vehicle driver shall not be liable for any normal wear and tear or
mechanical damage that could reasonably be expected from normal use or
operation of the vehicle. For the purposes of this subdivision, the term
"normal wear and tear" shall mean the deterioration of the condition of
the vehicle or its component parts due to repetitive use and does not
include damage that materially diminishes the value of the vehicle and
arises from a specific occurrence or accident during the time the shared
vehicle is subject to the peer-to-peer car sharing agreement; and the
term "actual and reasonable costs" shall mean the cost to repair the
shared vehicle including all discounts and price adjustments available
to the peer-to-peer car sharing program administrator and shall include
costs for towing, storage, and impound fees where applicable.
(b) The total liability of a shared vehicle driver under paragraph (a)
of this subdivision for damage to a shared vehicle shall not exceed the
lesser of:
(i) the actual and reasonable costs that the peer-to-peer car sharing
program administrator incurred to repair the motor vehicle or that the
peer-to-peer car sharing program administrator would have incurred if
the motor vehicle had been repaired, which shall reflect any discounts,
price reductions, or adjustments available to the peer-to-peer car
sharing program administrator; or
(ii) the fair market value of the shared vehicle immediately before
the damage occurred, as determined in the applicable market for the
retail sale of the shared vehicle, less any net disposal proceeds.
(c) The total liability of a shared vehicle driver under paragraph (a)
of this subdivision for loss of a shared vehicle shall not exceed
reasonable costs incurred by the peer-to-peer car sharing program
administrator for such loss due to theft of such shared vehicle up to
its fair market value, as determined by the applicable market for the
retail sale of such vehicle if it is established that such shared
vehicle driver committed, or aided or abetted in the commission of, the
theft of such shared vehicle.
(d) Damages incurred for the loss of use or operation of a shared
vehicle and related administrative fees shall not be recovered from any
shared vehicle driver or his or her insurer.
(e) A peer-to-peer car sharing program administrator shall not hold a
shared vehicle driver liable for any amounts that the peer-to-peer car
sharing program administrator recovers from any other party.
(f) A peer-to-peer car sharing program administrator shall not collect
or attempt to collect the amount described in paragraph (b) of this
subdivision unless the peer-to-peer car sharing program administrator:
(i) obtains an estimate from a repair company or an appraiser in the
business of providing such appraisals regarding the cost of repairing
such shared vehicle;
(ii) provides a copy of such estimate and photographic evidence upon
request to such shared vehicle driver, as applicable who shall be liable
under paragraph (a) of this subdivision, and the insurer of such shared
vehicle driver; and
(iii) submits a copy of such estimate with any claim to collect the
amount described in paragraph (b) of this subdivision.
(g) A claim against a shared vehicle driver resulting from damage or
loss to a shared vehicle shall be reasonable and reflect the value of
the actual damage or loss incurred. A peer-to-peer car sharing program
administrator shall mitigate damages where possible and shall not assert
or collect any claim for physical damage which exceeds the amount
authorized under paragraph (b) of this subdivision.
(h) If insurance coverage exists under an applicable insurance policy
of the shared vehicle driver, such driver may require that the
peer-to-peer car sharing program administrator submit any claims to such
driver's insurance carrier. Upon the request of a shared vehicle driver,
the peer-to-peer car sharing program administrator shall submit any
claims to such driver's insurance carrier and shall not make any written
or oral representations to the contrary, nor shall it make any written
or oral representations that it shall not negotiate with such driver's
insurance carrier.
6. (a) No peer-to-peer car sharing program administrator shall collect
or charge any security deposit by credit card, debit card or otherwise,
for damages to a shared vehicle or report the debt to any consumer
reporting agency, as defined in subdivision (e) of section three hundred
eighty-a of this chapter, during the term of the peer-to-peer car
sharing program agreement, pending resolution of any dispute, or prior
to obtaining judgment in a court of competent jurisdiction.
(b) No peer-to-peer car sharing program administrator shall require a
deposit or an advance charge against the credit card or debit card of a
shared vehicle driver, in any form, for damages to a shared vehicle
which is in the shared vehicle driver's possession or control.
(c) No peer-to-peer car sharing program administrator shall collect or
charge any payment from a shared vehicle driver for damage to a shared
vehicle upon return or recovery of such vehicle in a damaged condition,
until after the cost of the damage to such vehicle and liability
therefor is agreed to between such peer-to-peer car sharing program
administrator and a shared vehicle driver or his or her insurer, or is
determined pursuant to law or peer-to-peer car sharing program agreement
provisions consistent with law and the rights and obligations set forth
in this section, unless there is proof corroborating that the damage did
not exist prior to the reservation and the damage is appraised by an
independent third-party appraiser; provided, however, that a
peer-to-peer car sharing program administrator is not precluded from
presenting a claim to a shared vehicle driver and his or her insurer
pursuant to other provisions of this section.
(d) Causes of action concerning the existence of, liability for, and
extent and cost of damage to such vehicle shall, where appropriate, be
commenced by a peer-to-peer car sharing program administrator in a court
of competent jurisdiction, in accordance with the limitations and
jurisdiction of the appropriate court act, provided the claimant has
first mailed a demand letter. A demand letter sent by the peer-to-peer
car sharing program administrator pursuant to this paragraph shall
contain: (i) the name and post office address of such peer-to-peer car
sharing program administrator, and of its attorney, if any; (ii) the
nature of such claim; (iii) the time when, the place where and the
manner in which such claim arose, if known, or if not known, the time
when and place where the damage was discovered by the shared vehicle
owner or peer-to-peer car sharing program administrator; and (iv) the
items of damage or injuries claimed to have been sustained, accompanied
by supporting documentation, such as repair bills, invoices and
estimates in the possession of or available to such peer-to-peer car
sharing program administrator. Such demand letter shall be served upon
such shared vehicle driver and his or her insurer in a manner reasonably
designed to give actual notice, via regular and certified mail, return
receipt requested. Nothing contained herein shall prohibit a
peer-to-peer car sharing program administrator and a shared vehicle
driver or his or her insurer from entering into an agreement after a
claim of loss to submit the matter to arbitration or mediation.
7. No peer-to-peer car sharing program administrator shall hold any
shared vehicle driver liable for any damage to, or loss of, a shared
vehicle, as provided by this section, unless such peer-to-peer car
sharing program prominently discloses, in the peer-to-peer car sharing
agreement, in at least twelve point bold face display, the nature and
extent of such liability and such driver's rights and responsibilities
pursuant to paragraph (c) of subdivision one of this section and
paragraph (f) of subdivision three of this section.
8. A shared vehicle driver shall provide notice to the peer-to-peer
car sharing program administrator and appropriate law enforcement agency
immediately upon learning of the theft of a shared vehicle.
peer-to-peer car sharing program administrator shall not charge a
separately itemized fee solely for optional vehicle protection, except
as follows:
(A) the fee charged by a peer-to-peer car sharing program
administrator shall represent the administrator's good-faith estimate of
a daily charge, as calculated by the administrator, to recover the
actual, total annual expenses, incurred by the administrator, together
with a commercially reasonable allowance for the contractual risks
assumed by the administrator, for the administrator's agreement with
shared vehicle drivers to contractually assume liability for all or part
of any damage or loss to the shared vehicle during the car sharing
period;
(B) if the total amount of optional vehicle protection fees collected
by a peer-to-peer car sharing program administrator under this section
in any calendar year exceeds the administrator's actual costs, the
administrator shall:
(1) retain the excess amount; and
(2) adjust the estimated, average per day optional vehicle protection
fee for the following calendar year by a corresponding amount.
(ii) Nothing in this section shall prevent a peer-to-peer car sharing
program administrator from making adjustment to the optional vehicle
protection fee during the calendar year.
(b) A peer-to-peer car sharing program administrator shall not sell
optional vehicle protection unless the shared vehicle driver or shared
vehicle owner agrees to the purchase of such protection in writing at or
prior to the time the peer-to-peer car sharing agreement is executed.
(c) A peer-to-peer car sharing program administrator shall not void
optional vehicle protection contractually assumed from the shared
vehicle owner except for one or more of the following reasons:
(i) the damage or loss is caused intentionally or as a result of
willful, wanton, or reckless conduct of the shared vehicle driver;
(ii) the damage or loss arises out of the shared vehicle driver's use
or operation of the shared vehicle while intoxicated or unlawfully
impaired by the use of alcohol or drugs;
(iii) the peer-to-peer car sharing program administrator entered into
the peer-to-peer car sharing agreement based on fraudulent or materially
false information supplied by the shared vehicle driver;
(iv) the damage or loss arises out of the use or operation of the
shared vehicle while engaged in the commission of a crime other than a
traffic infraction;
(v) the damage or loss arises out of the use or operation of the
shared vehicle to carry persons or property for hire, as a
transportation network company or TNC vehicle as defined in article
forty-four-B of the vehicle and traffic law, to push or tow anything,
while engaged in a speed contest, operating off-road, or for driver's
training;
(vi) the damage or loss arises out of the use or operation of the
shared vehicle by a person other than: (1) the shared vehicle driver;
(2) the shared vehicle driver's spouse, child over the age of eighteen
or a parent or parent-in-law of the shared vehicle driver, provided such
spouse, child, parent or parent-in-law is properly licensed to operate a
motor vehicle and resides in the same household as the shared vehicle
driver; (3) a parking valet or parking garage attendant for compensation
and in the normal course of employment; (4) any person who uses or
operates the motor vehicle through a program during an emergency
situation to a medical facility; or (5) any person licensed to drive who
expressly is authorized to use or operate the motor vehicle by both the
shared vehicle owner and the peer-to-peer car sharing agreement;
(vii) the damage or loss arises out of the use or operation of the
shared vehicle outside of the United States when that use or operation
is not specifically authorized by the peer-to-peer car sharing
agreement; or
(viii) the shared vehicle driver or his or her spouse, child over the
age of eighteen or a parent or parent-in-law of the shared vehicle
driver have failed to comply with the requirements for reporting damage
or loss as set forth in subdivision four of this section;
(ix) the shared vehicle owner knowingly provided erroneous or
inaccurate information to the peer-to-peer car sharing program
administrator in connection with any reservation for which the shared
vehicle owner has agreed that the peer-to-peer car sharing program will
contractually assume the risk of loss for physical damage to the shared
vehicle;
(x) the shared vehicle owner fails to submit a claim for physical
damage in accordance with the terms and conditions of the peer-to-peer
car sharing program agreement; or
(xi) where the shared vehicle owner fails to make the shared vehicle
available for inspection when a shared vehicle driver or the shared
vehicle driver's insurer requests to inspect the shared vehicle in
accordance with this article.
(d) A shared vehicle driver may void optional vehicle protection prior
to the beginning of the car sharing period within twenty-four hours of
purchase provided that the shared vehicle driver: (i) has entered into a
peer-to-peer car sharing agreement with a term of two or more days; (ii)
appears in person before the shared vehicle owner together with the
shared vehicle that shall be subject to inspection; and (iii) signs a
cancellation form provided by the peer-to-peer car sharing program
administrator.
(e) After twenty-four hours of purchase, a shared vehicle driver may
prospectively terminate optional vehicle protection prior to the
beginning of the car sharing period, provided the shared vehicle driver:
(i) appears in person before the shared vehicle owner together with the
shared vehicle that shall be subject to inspection; (ii) voids the
optional vehicle protection in writing; and (iii) pays the optional
vehicle protection charge for any full or partial day or portion of a
day during which the optional vehicle protection was in effect.
2. Subject to the provisions of subdivisions six, seven, and eight of
this section, a peer-to-peer car sharing program administrator may hold
a shared vehicle driver liable for actual damage to, or loss of, a
shared vehicle, provided that:
(a) any claim for such damage shall be based on a physical inspection
and shall be made upon the return of such shared vehicle; and
(b) any charge for repair of such damage shall be limited to actual
and reasonable costs and shall be assessed and billed separately and
apart from the peer-to-peer car sharing agreement.
3. (a) Any peer-to-peer car sharing program administrator that states
or permits to be stated the costs of a shared vehicle in any
advertisement shall state conspicuously, in plain language and in
conjunction with the advertised cost of the shared vehicle and the daily
rate of the applicable optional vehicle protection, that the rate
constitutes an additional daily charge to the shared vehicle driver,
that the purchase of such protection is optional, if such rate can be
ascertained at the time of purchase and that prospective shared vehicle
drivers should examine their credit card protections and motor vehicle
insurance policies for coverage.
(b) Where a written advertisement, including all print media, contains
the statement of the cost of the shared vehicle, the disclosure required
by this section shall be printed in type no less than size twelve-point
font.
(c) When the website of a peer-to-peer car sharing program
administrator or the video presentation of a television or internet
advertisement by such peer-to-peer car sharing program administrator
contains the written statement of the cost of a shared vehicle, the
depiction of such cost of the optional vehicle protection shall be clear
and conspicuous.
(d) When a radio advertisement or the audio presentation of a
television advertisement contains the statement of the cost of a shared
vehicle, the oral statement of such cost shall immediately be
accompanied by an oral statement of the cost of the optional vehicle
protection if offered as a separately itemized product.
(e) When a telephone, internet or other inquiry for the cost of a
shared vehicle is made to a peer-to-peer car sharing program
administrator that involves an interaction with a representative of a
peer-to-peer car sharing program administrator, the representative of
such peer-to-peer car sharing program administrator shall, in response
to the inquiry, advise that additional optional products that may be
offered by such peer-to-peer car sharing program administrator shall not
be included in the daily rate. If an inquiry is made regarding optional
vehicle protection, the representative shall provide the cost of the
optional vehicle protection and state that the purchase of such
protection is optional and that the shared vehicle driver's personal
motor vehicle insurance or credit card may provide coverage.
(f) Any peer-to-peer car sharing program administrator that offers
optional vehicle protection to a shared vehicle driver shall disclose to
such driver the following information on its website:
"NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS
AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR
SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract
offers, for an additional charge, OVP to cover your financial
responsibility for damage or loss to the shared vehicle. OVP is also
commonly referred to as a "collision damage waiver". The purchase of OVP
is optional and may be declined. Before deciding whether to purchase
OVP, you may wish to determine whether your credit card, or the motor
vehicle insurance maintained by yourself or someone in your household,
affords you any coverage for damage to the shared vehicle, and the
amount of deductible under any such coverage. OVP - WHEN VOID: OVP is
void and shall not apply to the following situations:
1. If the damage or loss is caused as a result of the shared vehicle
driver's intentional acts; willful, wanton, or reckless conduct of the
driver; or the use or operation of the shared vehicle while intoxicated
or unlawfully impaired by the use of alcohol or drugs;
2. The peer-to-peer car sharing program administrator entered into the
peer-to-peer sharing agreement based on fraudulent or materially false
information supplied by the shared vehicle driver;
3. The damage or loss arises out of the use or operation of the shared
vehicle:
(a) while engaged in the commission of a crime, other than a traffic
infraction;
(b) to carry persons or property for hire, as a transportation network
company or TNC vehicle as defined in article forty-four-B of the vehicle
and traffic law, to push or tow anything, while engaged in a speed
contest, operating off road, or for driver's training;
(c) by a person other than: (1) the shared vehicle driver; (2) the
shared vehicle driver's spouse, child over the age of eighteen or a
parent or parent-in-law of the shared vehicle driver, provided such
spouse, child, parent or parent-in-law is properly licensed to operate a
motor vehicle and resides in the same household as the shared vehicle
driver; (3) a parking valet or parking garage attendant for compensation
and in the normal course of employment; (4) any person who uses or
operates the motor vehicle through a program during an emergency
situation to a medical facility; or (5) any person licensed to drive who
expressly is authorized to use or operate the motor vehicle by both the
shared vehicle owner and the peer-to-peer car sharing agreement;
(d) outside of the United States when not specifically authorized by
the peer-to-peer car sharing agreement;
(e) where the shared vehicle driver, or his or her spouse, child over
the age of eighteen or a parent or parent-in-law of such shared vehicle
driver failed to comply with the requirements for reporting damage or
loss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the
shared vehicle sustains damage or loss, the shared vehicle driver is
required to complete and return an incident report notice to the
peer-to-peer car sharing program administrator. OVP - RIGHT TO INSPECT
VEHICLE DAMAGES: The shared vehicle driver and his or her insurer have
the right to request an inspection of the shared vehicle damages within
seventy-two hours of the return of the vehicle. Failure of the shared
vehicle driver or his or her insurer to request such inspection within
seventy-two hours of return shall be deemed a waiver of such person or
entity's right to inspect the damaged vehicle. THEFT OF THE SHARED
VEHICLE: If the shared vehicle is stolen during the term of a
peer-to-peer car sharing agreement, a shared vehicle driver must report
the theft of the shared vehicle to the peer-to-peer car sharing program
administrator and a law enforcement agency within twelve hours of
learning of such theft."
(f) The following disclosure notice shall be made on the face of the
peer-to-peer car sharing agreement either by stamp, label or as part of
the written contract or on any other written document provided to the
shared vehicle driver upon execution of such contract, and shall be set
apart in boldface type and in no smaller print than twelve-point font:
"NOTICE: This agreement offers, for an additional charge, optional
vehicle protection to cover your financial responsibility for damage or
loss to the shared vehicle. The purchase of optional vehicle protection
is optional and may be declined. You are advised to carefully consider
whether to purchase this protection if you have coverage provided by
your credit card or motor vehicle insurance policy that will cover the
shared vehicle. Before deciding whether to purchase optional vehicle
protection, you may wish to determine whether your credit card or your
motor vehicle insurance affords you coverage for damage to the shared
vehicle and the amount of deductible under such coverage."
(g) The peer-to-peer car sharing agreement shall also include in
boldface type and in no smaller print than twelve-point font and, in
plain language, the conditions and exclusions set forth in paragraph (c)
of subdivision one of this section. Upon identification by the shared
vehicle owner or the peer-to-peer car sharing program administrator of
damage to the shared vehicle, such peer-to-peer car sharing program
administrator shall inform such shared vehicle driver of his or her
right to inspect the vehicle, and the procedures and time-frames for
doing so, pursuant to paragraphs (b) and (c) of subdivision five of this
section.
4. (a) Upon identification of damage by the shared vehicle owner or
peer-to-peer car sharing program administrator at the time of return of
the shared vehicle, termination of the peer-to-peer car sharing
agreement, or within ten days if an inspection for damage is precluded
because the shared vehicle is returned by automation, returned
after-hours, or recovered by the shared vehicle owner or peer-to-peer
car sharing program administrator, the peer-to-peer car sharing program
administrator shall furnish an incident report form and a notice,
pursuant to this subdivision, of the obligation of the shared vehicle
driver to execute and return to the peer-to-peer car sharing program
administrator a complete and accurate incident report describing any
physical and/or mechanical damage. If the shared vehicle is returned by
automation, returned after-hours, or recovered by the shared vehicle
owner or peer-to-peer car sharing program administrator, such incident
report form and notice shall be mailed by overnight delivery service or
certified mail, return receipt requested, and another copy of such
notification shall be sent by regular mail. The peer-to-peer car sharing
program administrator shall retain a copy of such notice and the
certified mail return receipt for a period of six years.
(b) Within seventy-two hours of receipt of the incident report form
and notice, either the shared vehicle driver or his or her insurer shall
notify or send notice to the peer-to-peer car sharing program
administrator that either he, she, or the insurer wishes to inspect the
damaged vehicle. If the shared vehicle driver or his or her insurer does
not notify or send a request for this inspection within the
seventy-two-hour period, he, she, or the insurer shall be deemed to have
waived such right.
(c) If the shared vehicle driver shall decline or fail to complete and
return the incident report required pursuant to paragraph (a) of this
subdivision, the peer-to-peer car sharing program administrator shall,
no sooner than ten days after the mailing of notification pursuant to
such paragraph (a), mail another copy of the incident report together
with a letter stating that the shared vehicle driver has declined or
otherwise failed to complete and return the incident report. Such
mailing shall be by overnight delivery service or certified mail, return
receipt requested, and another copy of such notification by regular
mail, with proof of mailing by production of a certificate of mailing
from the post office. When a request to inspect the vehicle shall have
been timely made by the shared vehicle driver or his or her insurer, the
inspection shall be completed within seven days of such request. If the
peer-to-peer car sharing program administrator determines the damaged
vehicle to be a total loss and subject to salvage, such seventy-two hour
period for notification or waiver of the wish to inspect the damaged
vehicle shall not apply, and the shared vehicle driver or his or her
insurer shall have ten business days from the shared vehicle driver's
receipt of notification from the peer-to-peer car sharing program
administrator pursuant to paragraph (a) of this subdivision to inspect
the damaged vehicle, which shall be made available by the shared vehicle
owner. Within the limits provided in this paragraph, the peer-to-peer
car sharing program administrator shall identify the repairer of, and
provide access to, the damaged vehicle, in order to verify the nature
and extent of damages, repairs and repair costs, and/or repair
estimates.
(d) All notices shall be mailed to the address of the shared vehicle
driver as stated on his or her license, or other address as designated
by him or her in the peer-to-peer car sharing agreement.
(e) The shared vehicle driver shall complete and return the incident
report required by paragraph (a) of this subdivision within ten days of
the receipt of the notice required by such paragraph.
(f) The notice required by this subdivision shall be in at least
twelve-point bold face type and shall contain the statement: "Failure to
completely and accurately fill out and return an incident report within
ten days of receipt of this notice may make the shared vehicle driver
liable for damages sustained to the shared vehicle. Except where the
damaged vehicle is determined to be a total loss and subject to salvage,
the shared vehicle driver or his or her insurer has seventy-two hours
from the return or recovery of the vehicle to notify the peer-to-peer
car sharing program administrator that he or she wishes to inspect the
damaged vehicle. The inspection shall be completed within seven business
days of the request to inspect the shared vehicle. If the peer-to-peer
car sharing program administrator does not receive notification from the
shared vehicle driver or his or her insurer requesting such inspection
within the seventy-two-hour period, the shared vehicle driver and his or
her insurer will be deemed to have waived this right. If the
peer-to-peer car sharing program administrator determines the damaged
vehicle to be a total loss and subject to salvage, such seventy-two-hour
period for notification or waiver of the wish to inspect the damaged
vehicle shall not apply, and such right to inspect the damaged vehicle
shall expire ten business days from the shared vehicle driver's receipt
of this notice from the peer-to-peer car sharing company program
administrator. Upon request of the shared vehicle driver or his or her
insurer, we will provide a copy of the professional estimate of the
costs of repairing the damaged motor vehicle." Information that is
provided in response to a request by a peer-to-peer car sharing program
administrator, but that is not provided on an incident report form,
shall satisfy any reporting obligation of a shared vehicle driver if
such response substantially complies with the applicable requirements of
this section. If additional information is reasonably required by the
peer-to-peer car sharing program administrator in order to adjust any
claim of loss, same shall be requested of the shared vehicle driver as
soon as reasonably practicable, who shall respond to same as soon as
reasonably practicable.
(g) (i) For purposes of this subdivision, each of the following shall
constitute an "incident report form":
(A) a motor vehicle accident report pursuant to section six hundred
five of the vehicle and traffic law; or
(B) any similar appropriate form furnished by the peer-to-peer car
sharing program administrator.
(ii) An incident report form described in clause (B) of subparagraph
(i) of this paragraph:
(A) shall be sent or given to a shared vehicle driver with a request
that he or she provide information pursuant to this section concerning
damage to a vehicle possessed by a shared vehicle driver; and
(B) such form may also be made available as a fill-in form on the
peer-to-peer car sharing program administrator's website, and the shared
vehicle driver shall be advised of the availability of such web-based
fill-in form when a request for incident information is made pursuant to
this subdivision.
(h) If the shared vehicle driver is physically incapable of completing
the report, the requirements of this subdivision shall lapse until after
he or she is able to complete the report and is notified that he or she
shall complete and return the report as required by paragraph (b) of
this subdivision.
(i) The peer-to-peer car sharing program administrator shall, at least
twenty days prior to commencing an action against the shared vehicle
driver, provide him or her an additional opportunity to complete and
submit the incident report by providing a second notice, along with
another incident report form, by certified mail, return receipt
requested, and another copy of such notice and report form by regular
mail, with proof of mailing by production of a certificate of mailing.
If such shared vehicle driver sends the peer-to-peer car sharing program
administrator a completed incident report within fifteen days of the
receipt of the notice, the provisions of this subdivision shall be
deemed satisfied.
5. (a) A peer-to-peer car sharing program administrator may hold a
shared vehicle driver liable to the extent permitted under this section
for physical or mechanical damage to the shared vehicle that occurs
during the time the shared vehicle is used or operated under the
peer-to-peer car sharing agreement; provided, however, that a shared
vehicle driver shall not be liable for any normal wear and tear or
mechanical damage that could reasonably be expected from normal use or
operation of the vehicle. For the purposes of this subdivision, the term
"normal wear and tear" shall mean the deterioration of the condition of
the vehicle or its component parts due to repetitive use and does not
include damage that materially diminishes the value of the vehicle and
arises from a specific occurrence or accident during the time the shared
vehicle is subject to the peer-to-peer car sharing agreement; and the
term "actual and reasonable costs" shall mean the cost to repair the
shared vehicle including all discounts and price adjustments available
to the peer-to-peer car sharing program administrator and shall include
costs for towing, storage, and impound fees where applicable.
(b) The total liability of a shared vehicle driver under paragraph (a)
of this subdivision for damage to a shared vehicle shall not exceed the
lesser of:
(i) the actual and reasonable costs that the peer-to-peer car sharing
program administrator incurred to repair the motor vehicle or that the
peer-to-peer car sharing program administrator would have incurred if
the motor vehicle had been repaired, which shall reflect any discounts,
price reductions, or adjustments available to the peer-to-peer car
sharing program administrator; or
(ii) the fair market value of the shared vehicle immediately before
the damage occurred, as determined in the applicable market for the
retail sale of the shared vehicle, less any net disposal proceeds.
(c) The total liability of a shared vehicle driver under paragraph (a)
of this subdivision for loss of a shared vehicle shall not exceed
reasonable costs incurred by the peer-to-peer car sharing program
administrator for such loss due to theft of such shared vehicle up to
its fair market value, as determined by the applicable market for the
retail sale of such vehicle if it is established that such shared
vehicle driver committed, or aided or abetted in the commission of, the
theft of such shared vehicle.
(d) Damages incurred for the loss of use or operation of a shared
vehicle and related administrative fees shall not be recovered from any
shared vehicle driver or his or her insurer.
(e) A peer-to-peer car sharing program administrator shall not hold a
shared vehicle driver liable for any amounts that the peer-to-peer car
sharing program administrator recovers from any other party.
(f) A peer-to-peer car sharing program administrator shall not collect
or attempt to collect the amount described in paragraph (b) of this
subdivision unless the peer-to-peer car sharing program administrator:
(i) obtains an estimate from a repair company or an appraiser in the
business of providing such appraisals regarding the cost of repairing
such shared vehicle;
(ii) provides a copy of such estimate and photographic evidence upon
request to such shared vehicle driver, as applicable who shall be liable
under paragraph (a) of this subdivision, and the insurer of such shared
vehicle driver; and
(iii) submits a copy of such estimate with any claim to collect the
amount described in paragraph (b) of this subdivision.
(g) A claim against a shared vehicle driver resulting from damage or
loss to a shared vehicle shall be reasonable and reflect the value of
the actual damage or loss incurred. A peer-to-peer car sharing program
administrator shall mitigate damages where possible and shall not assert
or collect any claim for physical damage which exceeds the amount
authorized under paragraph (b) of this subdivision.
(h) If insurance coverage exists under an applicable insurance policy
of the shared vehicle driver, such driver may require that the
peer-to-peer car sharing program administrator submit any claims to such
driver's insurance carrier. Upon the request of a shared vehicle driver,
the peer-to-peer car sharing program administrator shall submit any
claims to such driver's insurance carrier and shall not make any written
or oral representations to the contrary, nor shall it make any written
or oral representations that it shall not negotiate with such driver's
insurance carrier.
6. (a) No peer-to-peer car sharing program administrator shall collect
or charge any security deposit by credit card, debit card or otherwise,
for damages to a shared vehicle or report the debt to any consumer
reporting agency, as defined in subdivision (e) of section three hundred
eighty-a of this chapter, during the term of the peer-to-peer car
sharing program agreement, pending resolution of any dispute, or prior
to obtaining judgment in a court of competent jurisdiction.
(b) No peer-to-peer car sharing program administrator shall require a
deposit or an advance charge against the credit card or debit card of a
shared vehicle driver, in any form, for damages to a shared vehicle
which is in the shared vehicle driver's possession or control.
(c) No peer-to-peer car sharing program administrator shall collect or
charge any payment from a shared vehicle driver for damage to a shared
vehicle upon return or recovery of such vehicle in a damaged condition,
until after the cost of the damage to such vehicle and liability
therefor is agreed to between such peer-to-peer car sharing program
administrator and a shared vehicle driver or his or her insurer, or is
determined pursuant to law or peer-to-peer car sharing program agreement
provisions consistent with law and the rights and obligations set forth
in this section, unless there is proof corroborating that the damage did
not exist prior to the reservation and the damage is appraised by an
independent third-party appraiser; provided, however, that a
peer-to-peer car sharing program administrator is not precluded from
presenting a claim to a shared vehicle driver and his or her insurer
pursuant to other provisions of this section.
(d) Causes of action concerning the existence of, liability for, and
extent and cost of damage to such vehicle shall, where appropriate, be
commenced by a peer-to-peer car sharing program administrator in a court
of competent jurisdiction, in accordance with the limitations and
jurisdiction of the appropriate court act, provided the claimant has
first mailed a demand letter. A demand letter sent by the peer-to-peer
car sharing program administrator pursuant to this paragraph shall
contain: (i) the name and post office address of such peer-to-peer car
sharing program administrator, and of its attorney, if any; (ii) the
nature of such claim; (iii) the time when, the place where and the
manner in which such claim arose, if known, or if not known, the time
when and place where the damage was discovered by the shared vehicle
owner or peer-to-peer car sharing program administrator; and (iv) the
items of damage or injuries claimed to have been sustained, accompanied
by supporting documentation, such as repair bills, invoices and
estimates in the possession of or available to such peer-to-peer car
sharing program administrator. Such demand letter shall be served upon
such shared vehicle driver and his or her insurer in a manner reasonably
designed to give actual notice, via regular and certified mail, return
receipt requested. Nothing contained herein shall prohibit a
peer-to-peer car sharing program administrator and a shared vehicle
driver or his or her insurer from entering into an agreement after a
claim of loss to submit the matter to arbitration or mediation.
7. No peer-to-peer car sharing program administrator shall hold any
shared vehicle driver liable for any damage to, or loss of, a shared
vehicle, as provided by this section, unless such peer-to-peer car
sharing program prominently discloses, in the peer-to-peer car sharing
agreement, in at least twelve point bold face display, the nature and
extent of such liability and such driver's rights and responsibilities
pursuant to paragraph (c) of subdivision one of this section and
paragraph (f) of subdivision three of this section.
8. A shared vehicle driver shall provide notice to the peer-to-peer
car sharing program administrator and appropriate law enforcement agency
immediately upon learning of the theft of a shared vehicle.