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How the New 2021 Peer Car-Sharing Law Affects Personal Injury Cases

Posted on in Motor Vehicle Accidents

Campbell County personal injury attorney car accident

Despite the pandemic putting many of the usual activities of life on pause for the greater part of 2020, the Tennessee legislature did manage to pass a few laws that take effect in January of 2021. One such law took root in House Bill 1593 and Senate Bill 2207. These bills were primarily meant to tax peer-to-peer car-sharing programs, in which a car owner lends his or her car to someone else who will borrow it to drive using the program for a fee. It is the gig economy’s version of a car rental company in much the same way Airbnb is the hotel or timeshare of its age in this “sharing economy.” But what happens if you suffer a personal injury from a car accident involving a driver who is borrowing an automobile through a peer-to-peer car-sharing program? The 2021 peer-to-peer car-sharing program law has a lot to say about the insurance process, but what if the auto insurance policy does not fairly compensate you for your injuries or damages?   

What to Do After a Peer-to-Peer Car Sharing Program Accident in Tennessee

Essentially, as a personal injury victim, you will want to handle a peer-to-peer ride-sharing accident in much the same way you would any other car accident:

  • Seek medical attention for your injuries.

  • Document all of your injuries and any damages to your car.

  • Collect and provide your insurance information as well as that of the perpetrator.

  • If there are any witnesses to the accident, be sure to get their information since they might be able to help you substantially if you go to court.

  • Cooperate with the police when they arrive at the scene.

  • Contact a lawyer.

One of the few differences in the ways to handle these types of accidents is to determine the peer-to-peer car-sharing programs involved. The person who caused the accident might not know the rules surrounding the insurance per the new law, but basically, it is handled as explained below. Notwithstanding certain exceptions, such as the shared vehicle owner fraudulently entering the peer-to-peer vehicle sharing program, the liable insurance will be according to the following priority order:

  1. The insurance company maintained by the shared vehicle driver is the first party that would be held responsible.

  2. The insurance policy from the peer-to-peer vehicle sharing program would take precedence after bullet point number #1.

  3. Finally, the owner of the car would be held responsible, with the possibility of partial payments being made between the three different insurance policies if necessary or agreed to.

Do not be discouraged if you determine that the vehicle involved in your accident is from a peer-to-peer car-sharing program. While this might complicate things, you could stand a greater chance of receiving additional compensation. If you take the case to court and the ride-sharing company itself is involved, they will most likely want to protect their company’s reputation by offering possible settlements.

Contact a Campbell County Personal Injury Attorney

Whether you are involved in a car accident with a peer-to-peer car-sharing driver or any other type of motorist, you want to be sure to contact an experienced Jacksboro, TN car accident lawyer for the best chance at receiving adequate compensation for your injuries and damages. Reach out to the skilled team at the Law Office of William F. Evans by calling 423-449-7980 today to schedule your free consultation.

 

Sources:

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2207&GA=111

https://publications.tnsosfiles.com/acts/111/pub/pc0796.pdf

https://www.wjhl.com/news/local/2021-means-new-laws-go-into-effect-in-tennessee-and-virginia/

 

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