Chapter
04-100
2004 -- S 2923
Enacted 06/11/04
A N A C T
RELATING TO MOTOR AND OTHER
VEHICLES -- RENTAL VEHICLES -- INSURANCE
Introduced By: Senators
DaPonte, Ruggerio, Damiani, and Bates
Date
Introduced: February 11, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Section 31-34-7 of the General Laws in Chapter 31-34 entitled
"Responsibility of Owners of
Rental Vehicles" is hereby amended to read as follows:
31-34-7.
Notification to customer regarding insurance coverage. -- (a) Whenever
any
car rental agency offers a
collision damage waiver on the vehicle at an additional cost, it shall
notify the lessee by providing the
following language, (in ten (10) point type) in all rental
agreements:
"Notice:
This contract offers, for an additional charge, a collision damage waiver to
cover
your responsibility for damage to
the vehicle. Before deciding whether to purchase the collision
damage waiver, you may wish to
determine whether your own automobile insurance affords you
coverage for damage to the rental
vehicle and the amount of the deductible under your own
insurance coverage. The purchase of
collision damage waiver is not mandatory under this
contract.
"Read
the collision damage waiver disclosure provision contained in this rental
agreement before signing this
agreement."
(b)
The following uniform collision damage waiver provision shall be contained in
every
rental agreement:
Notice
About Liability for Damage to the Rental Car
The
State of Rhode Island requires us to provide the following information about
your
liability for damage to the rental
car and the purchase of a damage waiver.
Insurance
or Credit Card Coverage
Liability
for any damage to the rental vehicle may be covered by your personal insurance
policy or credit agreement. Check
your insurance policy or credit card agreement about coverage.
Damage
Waiver Coverage
A
damage waiver is not insurance coverage. You do not have to purchase the
Collision
Damage Waiver. You can decline it.
If
you purchase a damage waiver, we will waive our right to hold you or any
authorized
driver liable for damage. Even if
you buy the damage waiver, you and any authorized driver will
remain liable for damage if any of
the following apply:
(1)
Damage or loss caused intentionally, willfully or wantonly by an authorized
driver;
(2)
Damage or loss occurring while an authorized driver operates the rental vehicle
while
legally intoxicated or under the
influence of any illegal drug or chemical as defined or determined
under the law of the state in which
the damage occurred;
(3)
Damage or loss caused while an authorized driver is engaging in any speed
contest;
(4)
Damage or loss caused while an authorized driver is using the vehicle to push
or tow
anything or using the vehicle to
carry persons or property for hire, unless expressly authorized in
the rental agreement;
(5)
Damage or loss incurred while an authorized driver is driving outside the
United
States or Canada, unless or,
if state restrictions are imposed by the rental agreement if such
damage or loss is incurred
outside of those states where operation of the vehicle is expressly
authorized in the rental agreement;
(6)
Damage or loss incurred while the vehicle is driven, with the renter's
permission or
accession, by anyone other than an
authorized driver;
(7)
Damage or loss incurred after the private passenger automobile was rented or an
authorized driver was approved as a
result of fraudulent information provided to the rental
company; and
(8)
Damage or loss incurred as a result of commission of a felony by an authorized
driver.; and
(9)
Damage or loss incurred if the vehicle is stolen and the renter or authorized
driver
fails to return the original
ignition key, fails to file a police report within seventy-two (72) hours
of discovering the theft, or
fails to cooperate with the rental agency, police or other authorities in
all matters connected with the
investigation.
SECTION
2. This act shall take effect upon passage.
=======
LC01806
=======