Sec. 10. (a) A rental company may offer and sell, for a separate charge, a damage waiver that is set forth in the rental agreement and that relieves an authorized driver of any liability for damage that the authorized driver might otherwise incur.
(b) Each rental agreement that contains a damage waiver must disclose the following information in plain language printed in type at least as large as 10 point type:
(1) That the waiver is optional.
(2) That the waiver entails an additional charge.
(3) The actual charge per day for the waiver.
(4) All restrictions, conditions, and provisions in or endorsed on the waiver.
(5) That the renter or other authorized driver may already be sufficiently covered for damage to the rental vehicle and should examine the renter's or authorized driver's automobile insurance policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible.
(6) That by entering into the rental agreement, the renter may be liable for damage, loss, or loss of use to the rental vehicle.
(c) A rental company may not rent a vehicle to a renter until the renter has acknowledged in writing that the renter understands the information set forth in subsection (b). The acknowledgment must be written in plain language on the rental agreement and must be initialed by the renter.
As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.3.
Structure Indiana Code
Article 4. Regulated Businesses
Chapter 9. Motor Vehicle Rental Companies
24-4-9-0.1. Application of Chapter to Certain Rental Agreements
24-4-9-2. "Damage Waiver"; "Waiver"
24-4-9-8.5. "Vehicle License Cost Recovery Fee"
24-4-9-9. Rental Agreement Application of Damage Waivers
24-4-9-10. Sale of Damage Waivers; Disclosures; Acknowledgment by Renter
24-4-9-11.1. Vehicle License Cost Recovery Fee; Estimates; Adjustment
24-4-9-12. Rental Company's Action for Damages
24-4-9-13. Limitation of Renter's Liability Generally
24-4-9-15. Renter's Maximum Total Liability; Multiple Recovery of Single Item of Damages
24-4-9-16. Damage Deposits or Advances; Payment for Damage; Liability
24-4-9-17. Rental Rates, Mileage Charges, and Fees; Disclosures and Prohibited Practices
24-4-9-18. Additional Charges for Optional Items
24-4-9-19. Nonconforming Rental Agreements Unenforceable
24-4-9-20. Renter's Action for Damages or Equitable Relief; Attorney's Fees
24-4-9-21. Waiver of Chapter Provisions Void and Unenforceable
24-4-9-22. Unfair, Deceptive, or Coercive Acts by Rental Company
24-4-9-24. Remedies for Rental Company Violations of Chapter Provisions