Mass. Gen. Laws » Part I Title XIV Chapter 90
Massachusetts General Laws

Mass. Gen. Laws ch. 90, § 32E (2026)

Leasing motor vehicles on mileage basis; operation of vehicles or use of trailers; insurance coverage

✓ current as of July 2026
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  Section 32E. Each lessee shall enter, or cause to be entered, on the record required by section thirty-two D, his correct name and address, in full, and shall not permit or suffer any other person to operate such motor vehicle or use such trailer while it is so leased; provided, that a lessee who makes known at the time of leasing that he is unable, or does not intend, to operate such vehicle or use such trailer personally and intends to have such vehicle operated or used for him by another and who at such time also furnishes as to such operator the information required by section thirty-two D, may, with the consent of the lessor, permit such operator to operate such vehicle or use such trailer during the time of the lease. Operation of such vehicle by any person permitted or suffered by the lessee to operate the same in violation of this section shall nevertheless be deemed to be with the express or implied consent of the lessor for the purposes of sections thirty-four A to thirty-four J, inclusive.

[ Second paragraph effective until February 24, 2026. For text effective February 24, 2026, see below.]

  Every lessor shall provide and maintain, during such time as he engages in the business of leasing motor vehicles under any system referred to in section thirty-two C a motor vehicle liability policy or bond or deposit, which, in addition to providing indemnity, protection or security for personal injuries, shall, except in the case of vehicles leased for a term of more than thirty days, further provide indemnity, protection or security for damage to property as required by the provisions of this chapter.

[ Second paragraph as amended by 2025, 78, Sec. 1 effective February 24, 2026. For text effective until February 24, 2026, see above.]

  A lessor shall provide and maintain, during such time as the lessor engages in the business of leasing motor vehicles under any system referred to in section 32C, a motor vehicle liability policy or bond or deposit, on a secondary or contingent basis, equal to not less than the financial requirements imposed on owners or registrants in the commonwealth if the lessee or operator does not have a motor vehicle liability policy or other coverage, which, in addition to providing indemnity, protection or security for personal injuries, shall, except in the case of vehicles leased for a term of more than 30 days, further provide indemnity, protection or security for damage to property as required by this chapter. If the lessee or operator holds a valid and collectible liability policy or other form of financial security which satisfies the minimum financial requirements imposed on owners or registrants in the commonwealth, a lessor's obligation under this section shall be satisfied.

Notes of Decisions
Cited in 15 cases, 1982–2016 · leading case: Hershenow v. Enter. Rent-A-Car Co., 445 Mass. 790 (Mass. 2006).
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Hershenow v. Enter. Rent-A-Car Co., 445 Mass. 790 (Mass. 2006). · cites it 17× “93A, because its terms failed to comply with the requirements of G. L. c. 90, § 32E ½, which regulates collision damage waivers in private passenger automobile rental agreements.”
Roberts v. Enter. Rent-A-Car Co., 438 Mass. 187 (Mass. 2002). · cites it 8× “(Enterprise), alleging that Enterprise sold collision damage waivers (CDWs) in violation of G. L. c. 90, § 32E lk, and G. L. c. 93A, § 2 (a).”
Roberts v. Enter. Rent-a-car Co., 840 N.E.2d 541 (Mass. 2006). · cites it 10× “The case was before us on direct appellate review on a report by a judge in the Superior Court to the Appeals Court of his order granting partial summary judgment for Scott Roberts on that issue.”
Bellermann v. Fitchburg Gas & Elec. Light Co., 54 N.E.3d 1106 (Mass. 2016). “These restrictions, however, did not comply with a Massachusetts statute which permitted invalidation of damage waiver clauses only under the narrow circumstances set forth in G. L. c. 90, § 32E ½. Id. at 792-793. Although the damage waiver provision did not comply with…”
Hartford Ins. v. Hertz Corp., 572 N.E.2d 1 (Mass. 1991). “See G. L. c. 90, § 32E *281 (1988 ed.). Hertz was the obligor, and Aetna Insurance Company (Aetna) the surety, on the bond.”
Liberty Mut. Ins. v. Merchants Car Leasing Corp., 538 N.E.2d 61 (Mass. App. Ct. 1989). “See also G. L. c. 90, § 32E; O’Brien v. Ready, 331 Mass.”
Enter. Rent-A-Car Co. of Boston, Inc. v. Arbella Mut. Ins., 884 N.E.2d 973 (Mass. 2008). “See G. L. c. 90, § 32E (“Every lessor shall provide and maintain, during such time as he engages in the business of leasing motor vehicles .”
Com. Ins. v. Empire Fire & Marine Ins., 879 N.E.2d 1272 (Mass. App. Ct. 2008). “” G. L. c. 90, § 32E ½(A) The rental contracts provided the following: “This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle.”
Alamo Rent-A-Car, Inc. v. Matchem, 11 Mass. L. Rptr. 9 (Mass. Super. Ct. 1999). · cites it 3× “G.L.c. 90, §32E 1/2 (B). Indeed, that is why Massachusetts law requires car rental companies who offer collision damage waivers, for an additional fee, to inform their renters that, if they opted for this coverage on their personal automobile policies, they are already covered…”
Motor Club of Am. Ins. v. All Am. Rental, Inc., 442 N.E.2d 739 (Mass. App. Ct. 1982). “This action is governed by that principle: whether AAR was obligated to maintain compulsory insurance or give a motor vehicle liability bond or deposit (see G. L. c. 90, §§ 32E and 34A) and whether it has the obligations of an insurer if it did not are simply subsidiary…”
DaRosa v. R&F Transp. Co., 13 Mass. L. Rptr. 514 (Mass. Super. Ct. 2001). “See G.L.c. 90, §32E. There is no Massachusetts law which addresses the liability or insurance coverage of vehicles rented in different states.”
Messier v. Ferguson, 13 Mass. L. Rptr. 132 (Mass. Super. Ct. 2001). · cites it 3× “The court would reach this conclusion based on the policy language even without the support of G.L.c. 90, §32E. Mr. Messier’s memorandum is also correct that G.”
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