Indiana Code 24-4-9-9. Rental agreement application of damage waivers
(1) The damage is caused by the authorized driver:
Terms Used In Indiana Code 24-4-9-9
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- 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
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- 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
(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.
As added by P.L.232-1989, SEC.1. Amended by P.L.19-2005, SEC.2.