Indiana Code 24-4-9-14. Damage to rented vehicle; rental company’s loss of use of damaged vehicle; administrative charges
(1) The estimated cost of replacement parts that the rental company would have to pay to replace damaged vehicle parts, less all discounts and price reductions or adjustments that will be received by the rental company.
Terms Used In Indiana Code 24-4-9-14
- 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
- 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
(A) the rate for labor usually paid by the rental company to replace vehicle parts of the type that were damaged; and
(B) the estimated time for replacement;
less all discounts and price reductions or adjustments that will be received by the rental company.
(3) The estimated cost of labor to repair damaged vehicle parts, which may not exceed the lesser of the following:
(A) The product of the rate for labor usually paid by the rental company to repair vehicle parts of the type that were damaged and the estimated time for repair.
(B) The sum of the estimated labor and parts costs determined under subdivisions (1) and (2) to replace the same vehicle parts.
All discounts and price reductions or adjustments that will be received by the rental company must be taken into account in determining the figure under this subdivision.
(4) Except as otherwise provided for, the loss of the use of the rented vehicle, which may not exceed the product of:
(A) the rental rate stated in the rental agreement for the particular vehicle rented, excluding optional charges; and
(B) the total of the estimated time for replacement and estimated time for repair.
(5) Actual charges for towing, storage, and impound fees paid by the rental company.
(b) Under any circumstances described in this chapter, liability for the rental company’s loss of use of the rented vehicle may not exceed the product of:
(1) the rental rate stated in the rental agreement for the particular vehicle rented, excluding all optional charges; and
(2) eighty percent (80%) of the period from the date of the accident to the date the vehicle is ready to be returned to rental service.
However, a renter is not liable to a rental company for the loss of use of a damaged vehicle unless the rental company uses its best efforts to effect repairs and return the vehicle to rental service.
(c) The administrative charge described in section 13(9) of this chapter may not exceed:
(1) fifty dollars ($50) if the total estimated cost for parts and labor is less than five hundred dollars ($500);
(2) one hundred dollars ($100) if the total estimated cost for parts and labor is at least five hundred dollars ($500) and less than one thousand five hundred dollars ($1,500); or
(3) one hundred fifty dollars ($150) if the total estimated cost for parts and labor is at least one thousand five hundred dollars ($1,500).
As added by P.L.232-1989, SEC.1. Amended by P.L.70-2003, SEC.2; P.L.109-2015, SEC.44; P.L.126-2015, SEC.2.