Louisiana § RS 22:1525 - Collision damage waiver; form filing requirements

§ RS 22:1525. Collision damage waiver; form filing requirements

A.  No lessor shall deliver or issue for delivery in this state a rental motor vehicle agreement containing a collision damage waiver unless such agreement is filed with the commissioner at least thirty days prior to its effective date and the commissioner has not disapproved the collision damage waiver portion of such agreement within such thirty days.

B.  No collision damage waiver shall be approved unless:

(1)  It is written in simple and readable words with common meanings and is understandable.

(2)  The terms of the collision damage waiver are prominently displayed, including but not limited to any conditions or exclusions, or both, applicable to the collision damage waiver.  The collision damage waiver may exclude the following:

(a)  Damages caused intentionally by the lessee or as a result of his willful or wanton misconduct.

(b)  Driving while intoxicated or under the influence of any drug, or the combined influence of alcohol and any drug.

(c)  Damages caused while engaging in any speed contest.

(d)  Damages caused while using the vehicle to push or tow anything, or using the vehicle to carry persons or property for hire, unless authorized by the lessor.

(e)  Damages incurred while driving outside the geographical limitations set forth in the contract.

(f)  Damages incurred while the vehicle is driven, with the lessee's permission or accession, by anyone other than a person authorized under the contract to drive the vehicle.

(g)  The vehicle was leased or an authorized driver approved as a result of fraudulent information provided to the lessor.

(h)  Damage caused while committing or as a result of commission of a felony.

(3)  All restrictions, conditions, or provisions in or endorsed on a collision damage waiver shall be printed in type as large as brevier or ten point type, or be written in pen and ink or typewritten in or attached to such agreement.

(4)  The collision damage waiver includes a statement of the daily charge for the period in question.

(5)  The contractual provision containing the collision damage waiver shall display the following notice on its face, in boldface type and in no smaller print than ten point type.  The notice shall be explained to the consumer by the lessor and signed and dated by the lessee prior to the consummation of the contract.  If the provision is not contained in the contract, then the provision shall be attached to the contract and shall be considered a part thereof.

"NOTICE:  IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.

EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.  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 SUCH COVERAGE."

Acts 1989, No. 773, §2, eff. Jan. 1, 1990; Redesignated from R.S. 22:2091.5 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

NOTE:  Former R.S. 22:1525 redesignated as R.S. 22:715 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.