C.R.S. Section 6-1-1203
Insurance coverage during car sharing period


(1)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (1)(b) of this section, a car sharing program shall assume the liability of a shared car owner for any bodily injury or property damage to third parties, or uninsured and underinsured motorist or personal injury protection losses, during the sharing period up to an amount stated in the car sharing agreement, but not less than the minimum amount of financial responsibility required by article 7 of title 42.

(b)

The assumption of liability under subsection (1)(a) of this section does not apply to a shared car owner if:

(I)

The shared car owner makes an intentional or fraudulent material misrepresentation to or omission to the car sharing program before the sharing period when the loss occurred; or

(II)

The shared car owner acts in concert with a shared car driver who fails to return the shared car in accordance with the car sharing agreement.

(c)

Notwithstanding subsection (1)(b) of this section, the definition of “sharing termination time” in section 6-1-1202 (11), or the amount of liability coverage stated in the car sharing agreement, the assumption of liability under subsection (1)(a) of this section in the amount required by article 7 of title 42 applies to any bodily injury or property damage suffered by innocent third parties for injuries or losses during the sharing period.

(2)

A car sharing program shall ensure that, during each sharing period, the shared car owner and the shared car driver are insured under an automobile liability insurance policy that:

(a)

Intentionally left blank —Ed.

(I)

Recognizes that the shared car insured under the policy is made available through and used through a car sharing program; or

(II)

Does not exclude use of a shared car by a shared car driver; and

(b)

Provides insurance coverage under a:

(I)

Commercial liability policy issued to the car sharing program that is not less than three times the minimum amount of financial responsibility required by article 7 of title 42; or

(II)

Personal liability policy issued to the shared car driver that is not less than the minimum amount of financial responsibility required by article 7 of title 42.

(3)

The financial responsibility required in subsection (2) of this section may be satisfied by automobile liability insurance that is maintained by any one or a combination of the following:

(a)

A shared car driver; or

(b)

A car sharing program.

(4)

The insurance described in subsection (3) of this section that satisfies the insurance requirement in subsection (2) of this section is the primary coverage during the sharing period.

(5)

A car sharing program shall assume primary liability for a claim if:

(a)

The program is in whole or in part providing the insurance required in subsections (2) and (3) of this section;

(b)

A dispute exists as to who was in control of the shared car at the time of the loss; and

(c)

The program does not have available, did not retain, or fails to provide the information required in section 6-1-1207 that relates to the claim.

(6)

Intentionally left blank —Ed.

(a)

If the insurance that complies with subsection (2) of this section is provided by the shared car driver or shared car owner, a car sharing program shall maintain insurance that provides coverage meeting the requirements of this section and that covers a lapse in or lack of coverage of the shared car driver’s or shared car owner’s insurance, beginning with the first dollar of a claim and including a duty to defend the claim.

(b)

The insurance required by this subsection (6) may be procured from:

(I)

An insurer licensed under title 10; or

(II)

A surplus lines insurer authorized under article 5 of title 10 that has a credit rating of no less than:

(A)

“A-” from A.M. Best Company, Inc.;

(B)

“A” from Demotech, Inc.; or

(C)

A similar rating from another rating agency if both the rating and agency are recognized by the commissioner of insurance by rule under section 10-5-117.

(7)

Coverage under an automobile liability insurance policy maintained by the car sharing program does not depend on a personal automobile liability insurer first denying or being required to deny a claim.

(8)

This section does not:

(a)

Limit the liability of the car sharing program for an act or omission of the car sharing program that results in bodily injury to any person as a result of the use of a shared car through a car sharing program; or

(b)

Limit the ability of the car sharing program to contract for indemnification from the shared car owner or the shared car driver for economic loss sustained by the car sharing program caused by a breach of the terms and conditions of the car sharing agreement.

Source: Section 6-1-1203 — Insurance coverage during car sharing period, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-06.­pdf (accessed Oct. 20, 2023).

6‑1‑101
Short title
6‑1‑102
Definitions
6‑1‑103
Attorney general and district attorneys concurrently responsible for enforcement
6‑1‑104
Cooperative reporting
6‑1‑105
Unfair or deceptive trade practices
6‑1‑106
Exclusions
6‑1‑107
Powers of attorney general and district attorneys
6‑1‑108
Subpoenas - hearings - rules
6‑1‑109
Remedies
6‑1‑110
Restraining orders - injunctions - assurances of discontinuance
6‑1‑111
Information and evidence confidential and inadmissible - when
6‑1‑112
Civil penalties
6‑1‑113
Civil actions - damages - other relief - class actions
6‑1‑114
Criminal penalties
6‑1‑115
Limitations
6‑1‑116
Investigation of unfair business practices by regulated persons - district attorney requests for records from licensing authorities - interagency agreements with attorney general - legislative declaration - definitions
6‑1‑201
Definitions
6‑1‑202
Prohibited act
6‑1‑203
Collision damage waiver form - requirements - failure to comply
6‑1‑204
Prohibited exclusion
6‑1‑205
Information to be disclosed in advertisements for rental agreements for rental motor vehicles
6‑1‑206
Additional mandatory charges - required disclosures - definitions
6‑1‑207
Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions
6‑1‑301
Legislative declaration
6‑1‑302
Definitions
6‑1‑303
Registration of commercial telephone sellers
6‑1‑304
Unlawful telemarketing practices
6‑1‑305
Penalties
6‑1‑401
Legislative intent
6‑1‑402
Definitions
6‑1‑403
Express warranty required - authorized servicers
6‑1‑404
Remedies
6‑1‑405
Remedies for consumers of purchased wheelchairs - conditions
6‑1‑406
Remedies for consumers of leased wheelchairs - conditions
6‑1‑407
Resale of a returned wheelchair - disclosure required
6‑1‑408
Other remedies - waiver of rights void
6‑1‑409
Fraudulent acts
6‑1‑410
Arbitration
6‑1‑411
Defect notification
6‑1‑412
Disclosures
6‑1‑501
Definitions
6‑1‑502
Express warranty required - authorized servicers
6‑1‑503
Remedies
6‑1‑504
Remedies for consumers of purchased facilitative devices - conditions
6‑1‑505
Remedies for consumers of leased facilitative devices - conditions
6‑1‑506
Resale of a returned facilitative device - disclosure required
6‑1‑507
Other remedies - waiver of rights void - limitation of coverage
6‑1‑508
Fraudulent acts
6‑1‑509
Arbitration
6‑1‑510
Defect notification
6‑1‑511
Disclosures
6‑1‑701
Dispensing hearing aids - deceptive trade practices - definitions
6‑1‑702
Unsolicited facsimiles - deceptive trade practice - definitions
6‑1‑702.5
Commercial electronic mail messages - deceptive trade practice - remedies - definitions - short title - legislative declaration
6‑1‑703
Time shares and resale time shares - deceptive trade practices
6‑1‑703.5
Time share resale transfer agreements - deceptive trade practices
6‑1‑704
Health clubs - deceptive trade practices
6‑1‑705
Dance studios - deceptive trade practices
6‑1‑706
Buyers’ clubs - deceptive trade practices
6‑1‑707
Use of title or degree - deceptive trade practice
6‑1‑708
Vehicle sales and leases - deceptive trade practice - definition
6‑1‑709
Sales of manufactured and tiny homes - deceptive trade practices
6‑1‑710
Trafficking of false airbag - deceptive trade practices - criminal liability - definitions
6‑1‑711
Restrictions on credit card receipts - legislative declaration - application - definitions
6‑1‑712
Discount health plan and cards - deceptive trade practices - definitions
6‑1‑713
Disposal of personal identifying information - policy - definitions
6‑1‑713.5
Protection of personal identifying information - definition
6‑1‑714
Unfair drug pricing practice - deceptive trade practice - definitions
6‑1‑715
Confidentiality of social security numbers
6‑1‑716
Notification of security breach
6‑1‑717
Influencing a real estate appraisal - deceptive trade practice
6‑1‑718
Ticket sales and resales - prohibitions - unlawful conditions - definitions
6‑1‑719
Truth in music advertising
6‑1‑720
Online event ticket sales - deceptive trade practice - definitions
6‑1‑721
Like-kind exchanges by exchange facilitators - deceptive trade practice - definitions
6‑1‑722
Gift certificates - validity - exemptions - definitions
6‑1‑723
Cathinone bath salts - deceptive trade practice
6‑1‑724
Unlicensed alternative health-care practitioners - deceptive trade practices - short title - legislative declaration - definitions
6‑1‑725
Synthetic cannabinoids - incense - deceptive trade practice
6‑1‑726
Sale of public services - deceptive trade practice - definition
6‑1‑727
Immigration-related services provided by nonattorneys - deceptive trade practice - definitions
6‑1‑728
Solicitation of fee for a deed or deed of trust - definitions
6‑1‑729
Assisted living residence referral - disclosures - penalty - fine - definitions
6‑1‑730
Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions
6‑1‑731
Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions
6‑1‑732
Automatic renewal contracts - unlawful acts - required disclosures - right to cancel - trial period offers - exemptions - definitions
6‑1‑733
Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - definition
6‑1‑734
Access to abortion services and emergency contraception - deceptive trade practice - definitions
6‑1‑801
Legislative finding, declaration, and intent
6‑1‑802
Definitions
6‑1‑803
Prohibited practices and required disclosures
6‑1‑804
Exemptions
6‑1‑901
Short title
6‑1‑902
Legislative declaration
6‑1‑903
Definitions
6‑1‑904
Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally
6‑1‑905
Establishment and operation of a Colorado no-call list
6‑1‑906
Enforcement - penalties - defenses
6‑1‑907
Acceptance of gifts, grants, and donations
6‑1‑908
Severability
6‑1‑1001
Restrictions on use of loan information for solicitations - definition
6‑1‑1101
Short title
6‑1‑1102
Legislative declaration
6‑1‑1103
Definitions
6‑1‑1104
Foreclosure consulting contract
6‑1‑1105
Right of cancellation
6‑1‑1106
Waiver of rights - void
6‑1‑1107
Prohibited acts
6‑1‑1108
Criminal penalties
6‑1‑1109
Unconscionability
6‑1‑1110
Language
6‑1‑1111
Written contract required
6‑1‑1112
Written contract - contents - notice
6‑1‑1113
Cancellation
6‑1‑1114
Notice of cancellation
6‑1‑1115
Options through reconveyances
6‑1‑1116
Waiver of rights - void
6‑1‑1117
Prohibited conduct
6‑1‑1118
Criminal penalties
6‑1‑1119
Unconscionability
6‑1‑1120
Language
6‑1‑1121
Short sales - subsequent purchaser - definition
6‑1‑1201
Short title
6‑1‑1202
Definitions
6‑1‑1203
Insurance coverage during car sharing period
6‑1‑1204
Notification of implications of lien
6‑1‑1205
Liability - exclusions for personal automobile liability insurance policy - indemnification
6‑1‑1206
Prohibition on exclusion of coverage for car sharing
6‑1‑1207
Record keeping
6‑1‑1208
Federal law - vicarious liability
6‑1‑1209
Insurable interest
6‑1‑1210
Required disclosures and notices
6‑1‑1211
Driver’s license verification and data retention
6‑1‑1212
Shared car equipment
6‑1‑1213
Safety recalls
6‑1‑1214
Enabling operation at airport
6‑1‑1301
Short title
6‑1‑1302
Legislative declaration
6‑1‑1303
Definitions
6‑1‑1304
Applicability of part
6‑1‑1305
Responsibility according to role
6‑1‑1306
Consumer personal data rights - repeal
6‑1‑1307
Processing de-identified data
6‑1‑1308
Duties of controllers
6‑1‑1309
Data protection assessments - attorney general access and evaluation - definition
6‑1‑1310
Liability
6‑1‑1311
Enforcement - penalties - repeal
6‑1‑1312
Preemption - local governments
6‑1‑1313
Rules - opt-out mechanism
6‑1‑1401
Definitions
6‑1‑1402
Disclosure of information by online marketplaces to inform consumers
6‑1‑1403
Enforcement
6‑1‑1404
Preemption
6‑1‑1501
Short title
6‑1‑1502
Definitions
6‑1‑1503
Powered wheelchair manufacturer obligations regarding services - exemptions
6‑1‑1504
Limitations
6‑1‑1505
Federal legislation on right to repair agricultural equipment - repeal - notice to revisor
Green check means up to date. Up to date

Current through Fall 2024

§ 6-1-1203’s source at colorado​.gov