Section 344.576. Damage waivers.

 

(1)   Offer and sale restricted. A rental company may not offer or sell a damage waiver in conjunction with a rental agreement unless the terms of the damage waiver comply with sub. (2) and the renter is provided the notice required under sub. (3) .

(2)   Terms. Every damage waiver shall provide that the rental company may not hold the renter or authorized driver liable for any amount that the renter or authorized driver might otherwise be liable for under s. 344.574 (2) (a) for damage to the rented private passenger vehicle, unless any of the following applies:

(a) The damage is caused by the renter or authorized driver intentionally or by his or her reckless or wanton misconduct.

(b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a) , (am) , or (b) or (2m) .

(c) The damage occurs while the renter or authorized driver operates the private passenger vehicle in another state while under the influence of an intoxicant or other drug, as described in the laws of that state.

(d) The damage occurs while the renter or authorized driver is engaged in a race or speed or endurance contest.

(e) The damage occurs while the renter or authorized driver is using, or has directed another to use, the private passenger vehicle in the commission of a misdemeanor or felony, as those terms are defined in s. 939.60 .

(f) The damage occurs while the renter or authorized driver uses the private passenger vehicle to carry persons or property for hire.

(g) The damage occurs while the renter or authorized driver uses the private passenger vehicle outside of the United States or Canada, unless use outside the United States or Canada is permitted under the rental agreement.

(h) The damage occurs while the private passenger vehicle is operated on a surface not intended for use by private passenger vehicles.

(i) The renter provided misleading or false information to the rental company, causing the rental company to rent the private passenger vehicle when the rental company would not have otherwise done so, or on terms to which it would not have otherwise agreed.

(j) The renter or the authorized driver who was operating the private passenger vehicle when an accident occurred fails to promptly report to the police and rental company the accident resulting in damage to the private passenger vehicle.

(k) The damage occurs while the private passenger vehicle is operated by someone other than an authorized driver as defined in s. 344.57 (2) . This paragraph does not apply if the vehicle has been lost or a theft has occurred and the renter is presumed to have not caused the theft or loss intentionally under s. 344.574 (1) (a) 3.

(3)   Notice.

(a) A rental company that offers or sells a damage waiver shall provide to each renter a written notice that is part of the rental agreement or on a separate form described in the rule under par. (c) and that includes all of the following:

1. An explanation of the total costs that the renter or authorized driver may be liable for under s. 344.574 (2) (a) .

2. A statement that the liability of the renter or authorized driver under s. 344.574 (2) (a) may be covered by the renter's or authorized driver's personal motor vehicle insurance policy or by an agreement under which the renter or authorized driver has obtained a credit card.

3. A list of any exceptions to the damage waiver imposed in accordance with sub. (2) (a) to (j) .

4. An explanation of the right of inspection under s. 344.574 (4) (a) .

5. The address and telephone number of the department of agriculture, trade and consumer protection.

6. Any other information required by rule under par. (c) .

7. A line for the renter's signature.

(b) A rental company that offers or sells a damage waiver shall provide the notice described in par. (a) to each renter before the renter enters into a rental agreement. If a separate form is used to give notice under par. (a) , the rental company shall give each renter one copy of the notice signed by him or her and shall retain one copy in its files.

(c) The department of agriculture, trade, and consumer protection shall promulgate rules specifying the form of the notice required under par. (a) , including the type size and any highlighting of the information described in par. (a) and, in the case of a separate form, the size of the paper. The rule may specify additional information that must be included in the notice and the precise language that must be used.

1989 a. 328 ; 1995 a. 27 ; 2003 a. 97 ; 2005 a. 173 . Cross-reference: See also s. ATCP 118.01 , Wis. adm. code.