RSA 359-U:8 · Financial Responsibility of TNCs

359-U:8 Financial Responsibility of TNCs. – On the effective date of this chapter and thereafter:

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I.

Every TNC driver, or TNC on behalf of the driver, shall maintain primary motor vehicle insurance that recognizes that the driver is a TNC driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver:

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(a)

While the driver is logged on to the TNC's digital network; or

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(b)

While the driver is engaged in a prearranged ride.

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II.

The following motor vehicle insurance requirements shall apply while a participating TNC driver is logged on to the TNC's digital network but is not engaged in a prearranged ride:

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(a)

Primary motor vehicle liability insurance, consistent with RSA 259:61, in the amount of at least $50,000 for death and bodily injury per person; $100,000 for death and bodily injury per incident; and $25,000 for property damage, including the duty to defend.

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(b)

Coverage consistent with New Hampshire financial responsibility laws.

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III.

The coverage requirements of paragraph II may be satisfied by any of the following:

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(a)

Motor vehicle insurance maintained by the TNC driver;

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(b)

Motor vehicle insurance maintained by the TNC; or

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(c)

Any combination of subparagraphs (a) and (b).

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IV.

The following motor vehicle insurance requirements shall apply while a TNC driver is engaged in a prearranged ride:

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(a)

Primary automobile liability insurance that provides at least $300,000 for death, bodily injury, and property damage.

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(b)

Coverage consistent with New Hampshire financial responsibility laws.

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V.

The coverage requirements of paragraph IV may be satisfied by any of the following:

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(a)

Motor vehicle insurance maintained by the TNC driver;

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(b)

Motor vehicle insurance maintained by the TNC; or

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(c)

Any combination of subparagraphs (a) and (b).

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VI.

If insurance maintained by the TNC driver in paragraphs II and IV has lapsed or does not provide the required coverage, insurance maintained by the TNC shall provide the coverage required by this section beginning with the first dollar of a claim and shall have the duty to defend and indemnify such claim.

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VII.

Coverage under a motor vehicle insurance policy maintained by the TNC shall not be dependent on a personal motor vehicle insurer first denying a claim nor shall a personal motor vehicle insurance policy be required to first deny a claim.

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VIII.

Insurance required by this section shall be placed with an admitted insurer that has the requisite certificate of authority to write motor vehicle insurance pursuant to RSA 401:1. Insurance required under this section may be placed with an unadmitted surplus lines insurer consistent with the provisions of RSA 405:24 through RSA 405:31, that has a credit rating of no less than "A-" from A.M. Best or "A" from Demotech or a similar rating from another rating agency recognized by the insurance department.

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IX.

Every TNC driver shall carry physical or electronic proof of coverage satisfying paragraphs II and IV with him or her at all times during his or her use of a vehicle in connection with a TNC's digital network. In the event of an accident, a TNC driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers. Upon request, a TNC driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether he or she was logged on to the TNC's digital network or on a prearranged ride at the time of an accident. Source. 2023, 30:2, eff. July 1, 2023.

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