§ 24-4-9-9 — Rental agreement application of damage waivers

Indiana § 24-4-9-9

• Jurisdiction: Indiana
• Art. 4: REGULATED BUSINESSES
• Ch. 9: Motor Vehicle Rental Companies

Text

A rental company may provide in a rental
agreement that a damage waiver does not apply under any of the
following circumstances:
(1) The damage is caused by the authorized driver:
(A) intentionally; or
(B) through willful or wanton misconduct.
(2) The damage arises out of the authorized driver's operation of
the vehicle while intoxicated or under the influence of an illegal
drug.
(3) The damage is caused while the authorized driver is engaged
in a speed contest, race, road rally, test, or driver training activity.
(4) The renter provided the rental company with fraudulent or
false information and the rental company would not have rented
the vehicle if the rental company had received true information.
(5) The damage arises out of vandalism or theft of the rented
vehicle caused by the negligence of the authorized driver, except
that the possession by the authorized driver, at the time of the
vandalism or theft, of the ignition key furnished by the rental
company shall be prima facie evidence that the authorized driver
was not negligent.
(6) The damage arises out of the use of the vehicle in connection
with conduct that could be properly charged as a felony.
(7) The damage arises out of the use of the vehicle to carry
persons or property for hire or to tow or push anything.
(8) The damage arises out of the use of the vehicle outside the
United States, unless the use is specifically authorized by the
rental agreement.
(9) The damage arises out of the use of the vehicle by an
unauthorized driver.

Legislative History

As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.2.