KIA&B 2015 Volume 20, Issue 6 | Page 29

as a taxi service. The difference is that the drivers are everyday individuals who utilize their personal vehicles to transport passengers. The drivers and the passengers are connected with each other through a mobile app. Drivers and passengers do not exchange payment. Payment is handled through the mobile app where the passenger has stored his or her credit card information. Uber is the most commonly known ride-sharing company. They operate in cities across the country, including Topeka, Wichita, Lawrence, Manhattan and the Kansas City market. are your insureds ride-sharing? Ride-sharing is growing in popularity, especially in metro areas and college towns. Because drivers have the flexibility to choose when they are available to offer rides, college students and retirees are often among those who sign up to be ride-sharing drivers as a way to earn a few extra dollars. what are the new requirements? As of January 1, 2016, anyone driving for a ride-sharing company or anyone who is the owner of a vehicle being used for ride-sharing is required to maintain primary auto insurance that covers the driver while he or she is logged on to the ride-sharing company’s digital network, engaged in a prearranged ride, or transporting a passenger for compensation. The ride-sharing process has been broken down into two periods. Drivers or vehicle owners are required to have coverage in place for both Periods 1 and 2 either through their own auto insurance, the ride-sharing company’s insurance or a combination of the two. coverage during period 1 Period 1 is defined as the time when a driver is logged on to the digital network and available to receive transportation requests but not engaged in a prearranged ride. During this time, the following auto insurance requirements apply: • Primary auto insurance of at least $50,000 for death and bodily injury per person and $100,000 per incident, and $25,000 for property damage; and • Primary auto liability insurance that meets the minimum coverage requirements for uninsured and underinsured motorist coverage and motor vehicle liability coverage. coverage during period 2 Period 2 is defined as the time when a driver is engaged in a prearranged ride. During this time, the following automobile insurance requirements apply: • Primary auto insurance that provides at least $1,000,000 for death, bodily injury, and property damage; and • Primary auto liability insurance that meets the minimum coverage requirements for uninsured and underinsured motorist coverage and motor vehicle liability coverage. insufficient or lapsed coverage According to the legislation, if the insurance maintained by the driver or vehicle owner, as described in Periods 1 and 2, has lapsed or does not provide the required coverage, the insurance maintained by the ride-sharing company provides the coverage required beginning with the first dollar of a claim, and the company has the duty to defend the claim. Under the new law, coverage by an automobile insurance policy maintained by the ride-sharing company does not depend on a personal auto insurer first denying a claim, nor is a personal auto insurance policy required to first deny a claim. insurance disclosure to drivers Under the new law, ride-sharing companies are required to disclose the insurance implications to drivers. The companies must provide the following information in writing to the driver before the driver is allowed to accept a request for a prearranged ride on the digital network: • Cov