Indiana Code 24-4-9-13. Limitation of renter’s liability generally
(1) Physical damage to the rented vehicle up to its fair market value regardless of the cause of damage.
Terms Used In Indiana Code 24-4-9-13
- Appraisal: A determination of property value.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- authorized driver: means :
Indiana Code 24-4-9-1
- damage: means physical damage or loss to a vehicle, including loss of use of the vehicle and the cost and expenses incident to any damage or loss. See Indiana Code 24-4-9-3
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- rental agreement: means a written contract:
Indiana Code 24-4-9-5
- rental company: means any person engaged in the business of regularly making available, or arranging for another person to use, a vehicle under a rental agreement. See Indiana Code 24-4-9-7
- renter: means a person who obtains the use of a vehicle from a rental company under a rental agreement. See Indiana Code 24-4-9-6
- vehicle: means a private passenger motor vehicle primarily designed for transporting passengers. See Indiana Code 24-4-9-8
- waiver: means any contract or contract provision, whether separate from or a part of a rental agreement, under which a rental company agrees to waive all claims against the renter for any physical or mechanical damage or other loss or liability, as described in section 13 of this chapter, to or in connection with the rented vehicle during the term of the rental agreement. See Indiana Code 24-4-9-2
(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.