§ 24-4-9-10 — Sale of damage waivers; disclosures; acknowledgment by renter

(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.

Legislative History

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.3.