Ind. Code » Title 24
Indiana Code

Ind. Code § 24-4-9-13 (2025)

Limitation of renter's liability generally

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 13. A rental company and renter may agree that the renter will be responsible for no more than all of the following:

(1) Physical damage to the rented vehicle up to its fair market value regardless of the cause of damage.

(2) Mechanical damage to the rental vehicle, up to and including the rental vehicle's fair market value, resulting from:

(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.

 

Notes of Decisions
Cited in 2 cases, 1995–1997 · leading case: Harbour v. Arelco, Inc., 678 N.E.2d 381 (Ind. 1997).
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Harbour v. Arelco, Inc., 678 N.E.2d 381 (Ind. 1997). · cites it 4× “[5] Indiana Code § 24-4-9-13 states: "[a] rental company and renter may agree that the renter will be responsible for no more that all of the following .”
Guzman v. AAA Auto Rental, 654 N.E.2d 838 (Ind. Ct. App. 1995). “CODE § 24-4-9-13. The majority apparently holds that a renter may never be held responsible for any mechanical damage, as opposed to physical damage, which does not result from collision or theft.”
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