50-657.Rental agreement; collision damage waiver;requirements.No lessor shall deliver or issue for delivery in thisstate a rental agreement containing a collision damage waiverunless:
(a) It is written in simple and readable words with common meanings andis understandable;
(b) the terms of the collision damage waiver are prominently displayedincluding, but not limited to, any conditions and exclusions applicable tothe collision damage waiver. The collision damage waiver may exclude thefollowing:
(1) Damages caused intentionally byan authorized driver or as a result ofan authorized driver's willful or wanton misconduct;
(2) damages caused byan authorized driver of the rental motor vehicledriving while intoxicated or under the influence of anyillegal or unauthorizeddrug, or thecombined influence of alcohol and anyillegal or unauthorizeddrug;
(3) damages caused while engaging in any speed contest;
(4) the rental transaction is based on fraudulentinformation supplied by the renter;
(5) the damage arises out of the use of the vehiclewhile committing or otherwise engaged in a criminal actwhich would be a felonyin which the automobile usage is substantially relatedto the nature of the criminal activity;
(6) the damage arises out of the use of the vehicle tocarry persons or property for hire;
(7) the damage occurs while the vehicle is operatedby a person other than an authorized driver;
(8) the damage arises out of the use of the vehicleoutside of the United States unless such use is specificallyauthorized by the rental agreement;
(9) towing or pushing anything or if operation of thevehicle is off road; and
(10) loss due to the theft of the rental vehicle.However, the lessee shall be presumed to have no liabilityfor any loss due to theft if:
(A) An authorized driver has possession of the ignition key furnished by thelessor, proof that the keys to the rental motor vehicle were taken by duressor an authorizeddriver establishes that the ignition key furnished by thelessor was not in the vehicle at the time of the theft; and
(B) an authorized driver files an official report ofthe theft with the police or other law enforcement agencywithin 24 hours of learning of the theft andreasonably cooperates withthe lessorand the police orother law enforcement agency in providing informationconcerning the theft.
The presumption set forth in this paragraph is apresumption affecting the burden of proof which thelessor may rebut by establishing that an authorized drivercommitted, or aided and abetted the commission of, thetheft.
(c) All restrictions, conditions or provisions in or endorsed on acollision damage waiver shall be printed in type as large asten point type, or be written in pen and ink or typewritten in or on suchagreement; but nothing contained in this section shall relate or apply tophotographic copies of applications or parts thereof, attached to or madepart of such agreement;
(d) the collision damage waiver includes a statement of the total chargefor the waiver period; and
(e) the agreement containing the collision damage waiver displays thefollowing notice on the face of the agreement, set apart and in boldfacetype and in no smaller print than 10 point type:NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGEWAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFOREDECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TODETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FORDAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUROWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER ISNOT MANDATORY AND MAY BE WAIVED.
History: L. 1988, ch. 193, § 6;L. 2006, ch. 82, § 2; July 1.
50-657.Rental agreement; collision damage waiver;requirements.No lessor shall deliver or issue for delivery in thisstate a rental agreement containing a collision damage waiverunless:
(a) It is written in simple and readable words with common meanings andis understandable;
(b) the terms of the collision damage waiver are prominently displayedincluding, but not limited to, any conditions and exclusions applicable tothe collision damage waiver. The collision damage waiver may exclude thefollowing:
(1) Damages caused intentionally byan authorized driver or as a result ofan authorized driver's willful or wanton misconduct;
(2) damages caused byan authorized driver of the rental motor vehicledriving while intoxicated or under the influence of anyillegal or unauthorizeddrug, or thecombined influence of alcohol and anyillegal or unauthorizeddrug;
(3) damages caused while engaging in any speed contest;
(4) the rental transaction is based on fraudulentinformation supplied by the renter;
(5) the damage arises out of the use of the vehiclewhile committing or otherwise engaged in a criminal actwhich would be a felonyin which the automobile usage is substantially relatedto the nature of the criminal activity;
(6) the damage arises out of the use of the vehicle tocarry persons or property for hire;
(7) the damage occurs while the vehicle is operatedby a person other than an authorized driver;
(8) the damage arises out of the use of the vehicleoutside of the United States unless such use is specificallyauthorized by the rental agreement;
(9) towing or pushing anything or if operation of thevehicle is off road; and
(10) loss due to the theft of the rental vehicle.However, the lessee shall be presumed to have no liabilityfor any loss due to theft if:
(A) An authorized driver has possession of the ignition key furnished by thelessor, proof that the keys to the rental motor vehicle were taken by duressor an authorizeddriver establishes that the ignition key furnished by thelessor was not in the vehicle at the time of the theft; and
(B) an authorized driver files an official report ofthe theft with the police or other law enforcement agencywithin 24 hours of learning of the theft andreasonably cooperates withthe lessorand the police orother law enforcement agency in providing informationconcerning the theft.
The presumption set forth in this paragraph is apresumption affecting the burden of proof which thelessor may rebut by establishing that an authorized drivercommitted, or aided and abetted the commission of, thetheft.
(c) All restrictions, conditions or provisions in or endorsed on acollision damage waiver shall be printed in type as large asten point type, or be written in pen and ink or typewritten in or on suchagreement; but nothing contained in this section shall relate or apply tophotographic copies of applications or parts thereof, attached to or madepart of such agreement;
(d) the collision damage waiver includes a statement of the total chargefor the waiver period; and
(e) the agreement containing the collision damage waiver displays thefollowing notice on the face of the agreement, set apart and in boldfacetype and in no smaller print than 10 point type:NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGEWAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFOREDECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TODETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FORDAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUROWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER ISNOT MANDATORY AND MAY BE WAIVED.
History: L. 1988, ch. 193, § 6;L. 2006, ch. 82, § 2; July 1.
50-657.Rental agreement; collision damage waiver;requirements.No lessor shall deliver or issue for delivery in thisstate a rental agreement containing a collision damage waiverunless:
(a) It is written in simple and readable words with common meanings andis understandable;
(b) the terms of the collision damage waiver are prominently displayedincluding, but not limited to, any conditions and exclusions applicable tothe collision damage waiver. The collision damage waiver may exclude thefollowing:
(1) Damages caused intentionally byan authorized driver or as a result ofan authorized driver's willful or wanton misconduct;
(2) damages caused byan authorized driver of the rental motor vehicledriving while intoxicated or under the influence of anyillegal or unauthorizeddrug, or thecombined influence of alcohol and anyillegal or unauthorizeddrug;
(3) damages caused while engaging in any speed contest;
(4) the rental transaction is based on fraudulentinformation supplied by the renter;
(5) the damage arises out of the use of the vehiclewhile committing or otherwise engaged in a criminal actwhich would be a felonyin which the automobile usage is substantially relatedto the nature of the criminal activity;
(6) the damage arises out of the use of the vehicle tocarry persons or property for hire;
(7) the damage occurs while the vehicle is operatedby a person other than an authorized driver;
(8) the damage arises out of the use of the vehicleoutside of the United States unless such use is specificallyauthorized by the rental agreement;
(9) towing or pushing anything or if operation of thevehicle is off road; and
(10) loss due to the theft of the rental vehicle.However, the lessee shall be presumed to have no liabilityfor any loss due to theft if:
(A) An authorized driver has possession of the ignition key furnished by thelessor, proof that the keys to the rental motor vehicle were taken by duressor an authorizeddriver establishes that the ignition key furnished by thelessor was not in the vehicle at the time of the theft; and
(B) an authorized driver files an official report ofthe theft with the police or other law enforcement agencywithin 24 hours of learning of the theft andreasonably cooperates withthe lessorand the police orother law enforcement agency in providing informationconcerning the theft.
The presumption set forth in this paragraph is apresumption affecting the burden of proof which thelessor may rebut by establishing that an authorized drivercommitted, or aided and abetted the commission of, thetheft.
(c) All restrictions, conditions or provisions in or endorsed on acollision damage waiver shall be printed in type as large asten point type, or be written in pen and ink or typewritten in or on suchagreement; but nothing contained in this section shall relate or apply tophotographic copies of applications or parts thereof, attached to or madepart of such agreement;
(d) the collision damage waiver includes a statement of the total chargefor the waiver period; and
(e) the agreement containing the collision damage waiver displays thefollowing notice on the face of the agreement, set apart and in boldfacetype and in no smaller print than 10 point type:NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGEWAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFOREDECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TODETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FORDAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUROWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER ISNOT MANDATORY AND MAY BE WAIVED.
History: L. 1988, ch. 193, § 6;L. 2006, ch. 82, § 2; July 1.
