Sec. 13. A rental company and renter may agree that the renter will be responsible for no more than all of the following:
(1) Physical damage to the rented vehicle up to its fair market value regardless of the cause of damage.
(2) Mechanical damage to the rental vehicle, up to and including the rental vehicle's fair market value, resulting from:
(A) a collision;
(B) an impact; or
(C) another incident that is caused by the renter's or authorized driver's deliberate act.
(3) Loss due to theft of the rental vehicle up to its fair market value.
(4) Physical damage to the rented vehicle up to its fair market value resulting from vandalism occurring after, or in connection with, the theft of the rented vehicle.
(5) Physical damage to the rented vehicle and loss of use of the rented vehicle up to its fair market value resulting from vandalism unrelated to the theft of the rented vehicle.
(6) Loss of use of the rented vehicle, if the renter is liable for damage.
(7) Actual charges for towing, storage, and impoundment fees paid by the rental company, if the renter is liable for damage.
(8) Reasonable attorney's fees related to the enforcement of the rental agreement.
(9) An administrative charge.
(10) The cost of appraisal and all other costs and expenses incident to the damage, loss, loss of use, repair, or replacement of the rented vehicle.
However, a damage waiver sold by the rental company must cover all damage, loss, and liability described in this section, less any deductible included in the waiver.
As added by P.L.232-1989, SEC.1. Amended by P.L.70-2003, SEC.1; P.L.19-2005, SEC.4; P.L.126-2015, SEC.1; P.L.176-2018, SEC.2.
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