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(1) Automobile liability insurance shall be in the |
amount of at least $50,000 for death and personal injury |
per person, $100,000 for death and personal injury per |
incident, and $25,000 for property damage. |
(2) Contingent automobile liability insurance in the |
amounts required in paragraph (1) of this subsection (b) |
shall be maintained by a transportation network company and |
provide coverage in the event a participating TNC driver's |
own automobile liability policy excludes coverage |
according to its policy terms or does not provide at least |
the limits of coverage required in paragraph (1) of this |
subsection (b). |
(c) The following automobile liability insurance |
requirements shall apply from the moment a TNC driver accepts a |
ride request on the transportation network company's digital |
network or software application until the TNC driver completes |
the transaction on the digital network or software application |
or until the ride is complete, whichever is later:
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(1) Automobile liability insurance shall be primary |
and in the amount of $1,000,000 for death, personal injury, |
and property damage. The requirements for the coverage |
required by this paragraph (1) may be satisfied by any of |
the following:
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(A) automobile liability insurance maintained by a |
participating TNC driver;
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(B) automobile liability company insurance |
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maintained by a transportation network company; or
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(C) any combination of subparagraphs (A) and (B).
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(2) Insurance coverage provided under this subsection |
(c) shall also provide for uninsured motorist coverage and |
underinsured motorist coverage in the amount of $50,000 |
from the moment a passenger enters the vehicle of a |
participating TNC driver until the passenger exits the |
vehicle.
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(3) The insurer, in the case of insurance coverage |
provided under this subsection (c), shall have the duty to |
defend and indemnify the insured.
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(4) Coverage under an automobile liability insurance |
policy required under this subsection (c) shall not be |
dependent on a personal automobile insurance policy first |
denying a claim nor shall a personal automobile insurance |
policy be required to first deny a claim. |
(d) In every instance when automobile liability insurance |
maintained by a participating TNC driver to fulfill the |
insurance obligations of this Section has lapsed or ceased to |
exist, the transportation network company shall provide the |
coverage required by this Section beginning with the first |
dollar of a claim. |
(e) This Section shall not limit the liability of a |
transportation network company arising out of an automobile |
accident involving a participating TNC driver in any action for |
damages against a transportation network company for an amount |
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above the required insurance coverage. |
(f) The transportation network company shall disclose in |
writing to TNC drivers, as part of its agreement with those TNC |
drivers, the following:
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(1) the insurance coverage and limits of liability that |
the transportation network company provides while the TNC |
driver uses a vehicle in connection with a transportation |
network company's digital network or software application; |
and
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(2) that the TNC driver's own insurance policy may not |
provide coverage while the TNC driver uses a vehicle in |
connection with a transportation network company digital |
network depending on its terms. |
(g) An insurance policy required by this Section may be |
placed with an admitted Illinois insurer, or with an authorized |
surplus line insurer under Section 445 of the Illinois |
Insurance Code; and is not subject to any restriction or |
limitation on the issuance of a policy contained in Section |
445a of the Illinois Insurance Code. |
(h) Any insurance policy required by this Section shall |
satisfy the financial responsibility requirement for a motor |
vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle |
Code.
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(i) If a transportation network company's insurer makes a |
payment for a claim covered under comprehensive coverage or |
collision coverage, the transportation network company shall |
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cause its insurer to issue the payment directly to the business |
repairing the vehicle, or jointly to the owner of the vehicle |
and the primary lienholder on the covered vehicle. |
(Source: P.A. 98-1173, eff. 6-1-15.)
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(625 ILCS 57/32 new) |
Sec. 32. Preemption. A unit of local government, whether or
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not it is a home rule unit, may not regulate transportation
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network companies, transportation network company drivers, or
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transportation network company services in a manner that is
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less restrictive than the regulation by the State under this
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Act. This Section is a limitation under subsection (i) of
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Section 6 of Article VII of the Illinois Constitution on the
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concurrent exercise by home rule units of powers and functions |
exercised by the State.
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(625 ILCS 57/34 new) |
Sec. 34. Repeal. This Act is repealed on June 1, 2020.
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
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