§ 24-4-9-13 — Limitation of renter's liability generally

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.

Legislative History

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.