- (a) A transportation network company driver, or transportation network company on behalf of the driver, shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and that covers the driver while the driver is logged onto the digital network of a transportation network company or while the driver is engaged in a prearranged ride.
(b) The following automobile insurance requirements shall apply while a participating transportation network company driver is logged onto the digital network of a transportation network company and is available to receive transportation requests but is not engaged in a prearranged ride:
- (1) primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury for each person, $100,000 for death and bodily injury for each incident, and $25,000 for property damage;
- (2) uninsured or underinsured motor vehicle coverage as required under AS 21.96.020 and AS 28.20.440;
(3) the coverage requirements of this subsection may be satisfied by
- (A) automobile insurance maintained by the transportation network company driver;
- (B) automobile insurance maintained by the transportation network company; or
- (C) any combination of (A) and (B) of this paragraph.
(c) The following automobile insurance requirements shall apply while a transportation network company driver is engaged in a prearranged ride:
- (1) primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury, and property damage;
- (2) uninsured or underinsured motor vehicle coverage as required under AS 21.96.020 and AS 28.20.440;
(3) the coverage requirements of this subsection may be satisfied by
- (A) automobile insurance maintained by the transportation network company driver;
- (B) automobile insurance maintained by the transportation network company; or
- (C) a combination of (A) and (B) of this paragraph.
- (d) If insurance maintained by a driver under (b) or (c) of this section has lapsed or does not provide the required coverage, insurance maintained by a transportation network company must provide the coverage required by this section beginning with the first dollar of a claim, and the transportation network company insurer has the duty to defend that claim.
- (e) Coverage under an automobile insurance policy maintained by the transportation network company may not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required first to deny a claim.
- (f) Insurance required by this section may be placed with an insurer licensed under AS 21.09.060 or with a surplus lines insurer eligible under AS 21.34 that has a credit rating not lower than A- from A.M. Best or a similar rating from another rating agency recognized by the division of insurance.
- (g) Insurance satisfying the requirements of this section shall be considered to satisfy the financial responsibility requirement for a motor vehicle under AS 28.20.
- (h) A transportation network company driver shall carry proof of coverage under (b) and (c) of this section with the driver at all times during the driver's use of a vehicle in connection with a digital network of a transportation network company. In the event of an accident, a transportation network company driver shall provide the insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers upon request under AS 28.22.019. Upon that request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether the driver was logged onto the digital network of a transportation network company or on a prearranged ride at the time of an accident.
- (i) If the insurance carrier for the transportation network company makes a payment for a claim for physical damage to a personal vehicle that is subject to a lien, the insurance carrier shall pay the claim jointly to the owner of the personal vehicle and the primary lienholder or directly to the business repairing the personal vehicle.