Ind. Code § 8-2.1-19.3-1 Application of chapter
Sec. 1. This chapter applies after June 30, 2024.
As added by P.L.215-2023, SEC.10.
Ind. Code ch. 8-2.1-19.3
Ind. Code ch. 8-2.1-19.3
in effectInd. Code § 8-2.1-19.3-2 DNC driver is independent contractor; DNC does not control
Sec. 2. Except as otherwise provided in a written contract:
(1) a DNC driver who connects to a DNC's digital network:
(A) is an independent contractor of the DNC; and
(B) is, for all purposes with respect to the DNC driver's relationship with the DNC, not an employee or agent; and
(2) a DNC is not considered to do either of the following:
(A) Control, direct, or manage a DNC driver who connects to the DNC's digital network.
(B) Own, control, operate, or manage a personal vehicle used by a DNC driver to provide delivery services.
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-3 Motor vehicle insurance requirements; proof of coverage
Sec. 3. (a) A DNC driver, or a DNC on the DNC driver's behalf, shall maintain primary motor vehicle insurance that meets the following requirements:
(1) The motor vehicle insurance is issued:
(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or
(B) through a surplus lines producer licensed under IC 27-1-15.8.
(2) The language of the motor vehicle insurance policy:
(A) recognizes that the driver is a DNC driver or otherwise uses the personal vehicle to provide delivery services; and
(B) covers the driver during the delivery available period and the delivery service period.
(3) The motor vehicle insurance must meet the following coverage requirements during the delivery available period:
(A) Primary motor vehicle liability insurance in an amount equal to at least:
(i) fifty thousand dollars ($50,000) per person for death and bodily injury;
(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury; and
(iii) fifty thousand dollars ($50,000) per incident for property damage.
(B) The insurance required by clause (A) may be provided by any of the following:
(i) Motor vehicle insurance maintained by the DNC driver.
(ii) Motor vehicle insurance maintained by the DNC.
(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).
(4) The motor vehicle insurance must meet the following coverage during the delivery service period:
(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.
(B) The insurance required by clause (A) may be provided by any of the following:
(i) Motor vehicle insurance maintained by the DNC driver.
(ii) Motor vehicle insurance maintained by the DNC.
(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).
(b) If motor vehicle insurance maintained by a DNC driver as described in subsection (a) lapses or does not provide the required coverage:
(1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and
(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).
(c) Coverage under motor vehicle insurance maintained by a DNC may not be dependent on a personal motor vehicle insurance company's first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.
(d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 during the delivery available period and delivery service period.
(e) A DNC driver shall do the following:
(1) At all times during which the DNC driver uses a personal vehicle in connection with a DNC's digital network, carry proof of the coverage required by subsection (a).
(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:
(A) the proof described in subdivision (1); and
(B) a disclosure of whether the DNC driver was operating during the:
(i) delivery available period; or
(ii) delivery service period;
at the time of the accident.
Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-4 Disclosures concerning motor vehicle insurance coverage
Sec. 4. A DNC shall, before the DNC allows a DNC driver to engage in delivery services on the DNC's digital network, disclose in writing to the DNC driver all the following:
(1) The motor vehicle insurance coverage, including the types of coverage and limits of liability for each type of coverage, that the DNC provides while the DNC driver uses a personal vehicle in connection with a DNC's digital network.
(2) That the terms of the DNC driver's own motor vehicle insurance policy may not provide coverage during the:
(A) delivery available period; or
(B) delivery service period.
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-5 Exclusions of coverage permitted
Sec. 5. (a) An insurance company that writes motor vehicle insurance in Indiana may exclude coverage under a motor vehicle insurance policy issued to an owner or operator of a personal vehicle for a loss or injury that occurs during the delivery available period or delivery service period.
(b) An exclusion described in subsection (a) includes any coverage included in a motor vehicle insurance policy, including the following:
(1) Liability coverage for death, bodily injury, and property damage.
(2) Uninsured and underinsured motorist coverage.
(3) Medical payments coverage.
(4) Comprehensive physical damage coverage.
(5) Collision physical damage coverage.
(c) An exclusion described in this section applies notwithstanding any requirement of IC 9-25.
(d) This chapter does not do either of the following:
(1) Require a personal motor vehicle insurance policy to provide coverage:
(A) during the delivery available period or delivery service period; or
(B) while the driver is otherwise using a personal vehicle to provide delivery services.
(2) Preclude an insurance company from providing the coverage described in subdivision (1) under a contract or an endorsement.
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-6 Coverage exclusions; duty to defend; indemnify; right of contribution
Sec. 6. (a) An insurance company that excludes coverage described in section 5 of this chapter has no duty to defend or indemnify a claim for coverage that is expressly excluded under a motor vehicle insurance policy.
(b) This chapter does not invalidate or limit an exclusion:
(1) of coverage for a personal vehicle that is used for delivery or any other business use; and
(2) contained in a motor vehicle insurance policy;
including a policy filed under IC 27-1-22-4 or in use in Indiana before July 1, 2024.
(c) An insurance company that defends or indemnifies a claim against a DNC driver for which coverage is excluded under the terms of a motor vehicle insurance policy has a right of contribution against any other insurance company that issues motor vehicle insurance coverage to the DNC driver:
(1) in satisfaction of the requirements of section 3 of this chapter; and
(2) in effect at the time the loss occurs.
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-7 Claim coverage investigation
Sec. 7. (a) In a claim coverage investigation, a DNC and an insurance company that issues a motor vehicle insurance policy potentially providing the coverage required by section 3 of this chapter shall cooperate to facilitate the exchange of information with directly involved parties and any insurance company that issues a motor vehicle insurance policy that provides coverage to the DNC driver, including:
(1) the precise time that a DNC began the:
(A) delivery available period; and
(B) delivery service period, if applicable;
during the twelve (12) hour period immediately preceding, and the twelve (12) hour period immediately following, the accident; and
(2) disclosure among the parties and insurance companies of a clear description of the insurance coverage, exclusions, and limitations that apply under any applicable motor vehicle insurance policy that:
(A) is issued or maintained by a party; and
(B) provides the coverage required by section 3 of this chapter.
(b) An insurance company that issues a motor vehicle insurance policy that provides coverage to a DNC shall assume primary liability for a claim when:
(1) a dispute arises as to when the:
(A) delivery available period; or
(B) delivery service period;
began or ended; and
(2) the DNC:
(A) does not have;
(B) did not retain; or
(C) fails to provide;
the information required by subsection (a).
As added by P.L.215-2023, SEC.10.
Ind. Code § 8-2.1-19.3-8 Construction of chapter
Sec. 8. (a) Nothing in this chapter shall be construed to limit the scope of federal or state law regarding the delivery or transport of goods.
(b) This chapter applies to the extent that it is not in conflict with another state or federal law regarding the delivery or transport of goods. In the event that there is a conflict between this chapter and another federal or state law, the other law prevails over the conflicting provision in this chapter.
As added by P.L.215-2023, SEC.10.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026