2 Del. Admin. Code § 2289-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2289-6.0 - Insurance Requirements

6.1 All TNCs, TNC drivers, and personal vehicles must be covered with insurance as specified in the regulation. It shall be unlawful and a violation of this regulation to lease or operate a personal vehicle that is not insured to the extent required herein.

6.2 The insurance coverage required by this regulation may be placed with an insurer licensed under Delaware law or with a surplus lines insurer eligible under Delaware law.

6.3 The insurance coverage required by this regulation may be satisfied by any combination of policies maintained by either a TNC or TNC driver.

6.4 The insurance requirements must be disclosed on each TNC's digital network and website.

6.5 Each TNC must file its insurance policies under seal with the Department as part of applying for a permit. The permit for the TNC will automatically expire upon expiration of the insurance policy, unless and until the TNC provides an updated insurance policy and applies to renew the permit.

6.6 A TNC's insurance shall provide coverage in the event a TNC driver maintains an insurance policy as described in this regulation and the TNC driver's policy has declined coverage, ceased to exist or has been cancelled.

6.7 TNC insurance requirements are defined by three service periods:

Period 1: Digital network or Software Application open - waiting for a match.

Period 2: Match accepted - but passenger not yet picked up (i.e. driver is on his/her way to pick up the passenger).

Period 3: Passenger in the vehicle and until the passenger exits the vehicle.

6.7.1 Period 1 - TNCs shall provide primary insurance in the amount of at least fifty thousand dollars ($50,000) for death and personal bodily injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and twenty-five thousand dollars ($25,000) for property damage. TNCs may satisfy this requirement through:

(a) TNC insurance maintained by the driver;

(b) TNC insurance maintained by the TNC that provides coverage if a driver does not maintain the required TNC insurance, or if the driver's TNC insurance ceases to exist or is cancelled; or

(c) a combination of (a) and (b).

6.7.2 Periods 2 and 3 - TNCs must provide primary commercial liability insurance in the amount of one million dollars ($1,000,000) per accident. TNCs may satisfy this requirement through:

(a) TNC insurance maintained by the driver, if the TNC verifies that the driver's TNC insurance covers the driver's use of a vehicle for TNC services;

(b) TNC insurance maintained by the TNC; or

(c) a combination of (a) and (b).

6.7.3 Period 2 and 3 - TNCs shall also provide uninsured motorist coverage and under insured motorist coverage in the minimum amount required under 18 Del.C. § 3902. TNCs may satisfy this requirement through:

(a) TNC insurance maintained by the driver, if the TNC verifies that the driver's TNC insurance covers the driver's use of a vehicle for TNC services;

(b) TNC insurance maintained by the TNC; or

(c) a combination of (a) and (b). The policy may also provide this coverage during any other time period, if requested by a participating driver relative to insurance maintained by the driver.

6.8 If involved in an accident while providing TNC Services:

6.8.1 The TNC and/or a TNC driver must provide proof of insurance information to the other party involved in the accident.

6.8.2 Notify the TNC and the Division of the accident within 30 days.

2 Del. Admin. Code § 2289-6.0

20 DE Reg. 66 (7/1/2016) (Final)