Sec. 16. (a) A rental company may not require a deposit or advance charge against the credit card of a renter, in any form, for damage to a rental vehicle that is in the care, custody, or control of the renter or other authorized driver.
(b) If a renter's insurance deductible cannot be ascertained, a rental company may:
(1) at the time that care, custody, or control of a rental vehicle is restored to the rental company; and
(2) in an amount that may not exceed five hundred dollars ($500);
require payment by the renter for damage to the rental vehicle.
(c) If a renter's insurance deductible can be ascertained, the rental company may charge the renter an amount that may not exceed the renter's insurance deductible for damage to the rental vehicle.
(d) After the cost of the damage and liability for the damage described in subsections (b) and (c) is agreed to between the rental company and renter or is determined under law, the rental company:
(1) may require payment by the renter of any cost of the damage that exceeds the amount paid by the renter; and
(2) shall refund to the renter any overpayment received from the renter;
under subsection (b) or (c).
As added by P.L.232-1989, SEC.1. Amended by P.L.126-2015, 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