A rental company and renter may agree that the renter will be responsible for no more than all of the following:

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

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

   1. (A) a collision;
   2. (B) an impact; or
   3. (C) another incident that is caused by the renter's or authorized driver's deliberate act.

3. (3) Loss due to theft of the rental vehicle up to its fair market value. However, the renter shall be presumed to have no liability for any loss due to theft if the renter or authorized driver:

   1. (A) has possession of the ignition key furnished by the rental company or establishes that the ignition key furnished by the rental company was not in the vehicle at the time of the theft; and

   2. (B) files an official report of the theft with the police or other law enforcement agency within twenty-four (24) hours of learning of the theft and reasonably cooperates with the rental company, police, and other law enforcement agency in providing information concerning the theft.

      The presumption set forth in this subdivision is a presumption affecting the burden of proof, which the rental company may rebut by establishing that a renter or other authorized driver committed or aided and abetted in the commission of the theft.

4. (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. However, the renter is presumed to have no liability for any loss due to vandalism if the renter or authorized driver:

   1. (A) has possession of the ignition key furnished by the rental company or establishes that the ignition key furnished by the rental company was not in the vehicle at the time of the vandalism; and

   2. (B) files an official report of the vandalism with the police or other law enforcement agency within twenty-four (24) hours of learning of the vandalism and reasonably cooperates with the rental company, police, and other law enforcement agency in providing information concerning the vandalism.

      The presumption set forth in this subdivision is a presumption affecting the burden of proof, which the rental company may rebut by establishing that a renter or other authorized driver committed or aided and abetted in the commission of the vandalism.

5. (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. (6) Loss of use of the rented vehicle, if the renter is liable for damage.
7. (7) Actual charges for towing, storage, and impoundment fees paid by the rental company, if the renter is liable for damage.
8. (8) Reasonable attorney's fees related to the enforcement of the rental agreement.
9. (9) An administrative charge.
10. (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.

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.