344.574
344.574
Limited liability for damage. 344.574(1)
(1)
Damage to private passenger vehicle. 344.574(1)(a)(a) Unless a renter purchases a damage waiver offered in accordance with
s. 344.576, a rental company may hold the renter liable to the extent permitted under
subs. (2) to
(4) for physical or mechanical damage to the rented private passenger vehicle that is caused by any of the following:
344.574(1)(a)1.
1. An accident occurring while the private passenger vehicle is under the rental agreement.
344.574(1)(a)2.
2. The renter or an authorized driver who is using the private passenger vehicle, intentionally or by his or her reckless or wanton misconduct.
344.574(1)(b)
(b) Unless a renter purchases a damage waiver offered in accordance with
s. 344.576, a rental company may hold an authorized driver liable to the extent permitted under
subs. (2) to
(4) for physical or mechanical damage to the rented private passenger vehicle that is caused by any of the following:
344.574(1)(b)1.
1. An accident occurring while the private passenger vehicle is operated by the authorized driver and is under the rental agreement.
344.574(1)(b)2.
2. The authorized driver who is using the private passenger vehicle, intentionally or by his or her reckless or wanton misconduct.
344.574(2)(a)(a) The total liability of a renter or authorized driver under
sub. (1) for damage to a rented private passenger vehicle may not exceed all of the following:
344.574(2)(a)1.a.
a. The actual and reasonable costs that the rental company incurred to repair the private passenger vehicle or that the rental company would have incurred if the private passenger vehicle had been repaired, which shall reflect any discounts, price reductions or adjustments available to the rental company.
344.574(2)(a)1.b.
b. The fair market value of that private passenger vehicle immediately before the damage occurred, as determined in the customary market for the sale of that private passenger vehicle.
344.574(2)(a)2.
2. Actual and reasonable costs incurred by the rental company for towing the private passenger vehicle and for storage of the private passenger vehicle for no more than 2 days.
344.574(2)(b)
(b) A rental company may not hold the renter or authorized driver liable for any of the following:
344.574(2)(b)1.
1. Loss or damage to the private passenger vehicle resulting from a cause other than that described in
sub. (1) (a) 1. or
2. with respect to the renter or
sub. (1) (b) 1. or
2. with respect to the authorized driver.
344.574(2)(b)3.
3. Any administrative charges, including the cost of appraisal, or other costs or expenses that are incidental to the damage to the private passenger vehicle.
344.574(2)(c)
(c) A rental company may not hold the renter liable for any amounts that the rental company has recovered from an authorized driver. A rental company may not hold an authorized driver liable for any amounts that the rental company has recovered from the renter.
344.574(4)
(4) Inspection and estimates. A rental company may not collect or attempt to collect the amount described in
sub. (2) (a) from the renter or authorized driver or the insurer of the renter or authorized driver unless the rental company satisfies all of the following:
344.574(4)(a)
(a) Allows the renter or authorized driver who may be liable under
sub. (1) (b) and the insurer of the renter or authorized driver to inspect the unrepaired rented private passenger vehicle within 2 working days after the rental company is notified of the damage. Upon receiving notice of the damage, the rental company shall promptly notify the renter or authorized driver who may be liable under
sub. (1) (b) of his or her right and his or her insurer's right to inspect the private passenger vehicle.
344.574(4)(b)
(b) Obtains at least 2 estimates from competing repair shops on the costs of repairing the private passenger vehicle, makes a copy of each estimate available upon request to the renter or authorized driver who may be liable under
sub. (1) (b) or the insurer of the renter or authorized driver who may be liable under
sub. (1) (b) and submits a copy of each estimate with any claim to collect the amount described in
sub. (2) (a).
344.574 History
History: 1989 a. 328.
344.576(1)(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).
344.576(2)
(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:
344.576(2)(a)
(a) The damage is caused by the renter or authorized driver intentionally or by his or her reckless or wanton misconduct.
344.576(2)(b)
(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) or
(b) or
(2m).
344.576(2)(c)
(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.
344.576(2)(d)
(d) The damage occurs while the renter or authorized driver is engaged in a race or speed or endurance contest.
344.576(2)(e)
(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.
344.576(2)(f)
(f) The damage occurs while the renter or authorized driver uses the private passenger vehicle to carry persons or property for hire.
344.576(2)(g)
(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.
344.576(2)(h)
(h) The damage occurs while the private passenger vehicle is operated on a surface not intended for use by private passenger vehicles.
344.576(2)(i)
(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.
344.576(2)(j)
(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.
344.576(3)(a)(a) A rental company that offers or sells a damage waiver shall provide to each renter a written notice that is in the form required by rule under
par. (c) and that includes all of the following:
344.576(3)(a)2.
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.
344.576(3)(a)5.
5. The address and telephone number of the department of agriculture, trade and consumer protection.
344.576(3)(b)
(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. The rental company shall give the renter one copy of the notice signed by the renter and shall retain one copy in its files.
344.576(3)(c)
(c) The department of agriculture, trade and consumer protection shall promulgate rules specifying the form of the notice required under
par. (a), including the size of the paper and the type size and any highlighting of the information described in
par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.
344.576 History
History: 1989 a. 328;
1995 a. 27.
344.577
344.577
Advertisement or representation. 344.577(1)
(1)
Definition. In this section, "advertisement or representation" means any oral, written or graphic statement which is made in connection with the solicitation of the rental of a private passenger vehicle.
344.577(2)
(2) Damage waiver charge. If a rental company or an employee or agent of a rental company disseminates or makes in this state an advertisement or representation that includes a statement of the rental rate for a private passenger vehicle available for rent from a location in this state, the advertisement or representation shall also include a statement of the charge for any damage waiver offered by the rental company in conjunction with the rental of that private passenger vehicle and a statement that purchase of the damage waiver is optional.
344.577 History
History: 1989 a. 328.
344.578
344.578
Credit card for deposit or damages. 344.578(1)
(1)
Prohibited deposits; collection of damages. A rental company may not use credit available pursuant to a credit card belonging to a renter as a deposit for damages for which the renter may be held liable under
s. 344.574 (2) (a) or for any other charges, except as provided in
sub. (2). If a rented private passenger vehicle is damaged, the rental company may use credit available pursuant to a credit card belonging to the renter as payment for the damages for which the renter is liable under
s. 344.574 (2) (a) only if the rental company obtains the renter's authorization to use that credit and the authorization is obtained after the total amount of the renter's liability is determined and before the rental company processes the credit card charge.
344.578(2)
(2) Deposit for rental fees. If authorized by the renter, a rental company may use credit available pursuant to a credit card belonging to the renter as a deposit for the estimated cost of the rental, as determined under this subsection. The estimated cost of the rental may not exceed an amount equal to the daily rental rate specified in the rental agreement, which may include the daily charge for a damage waiver if purchased by the renter, multiplied by the number of days specified in the agreement for which the private passenger vehicle is being rented.
344.578 History
History: 1989 a. 328.
344.579(2)
(2) Enforcement. The department of agriculture, trade and consumer protection shall investigate violations of
ss. 344.574,
344.576 (1),
(2) and
(3) (a) and
(b),
344.577 and
344.578. The department of agriculture, trade and consumer protection may on behalf of the state:
344.579(2)(b)
(b) Bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under
sub. (1).
344.579(3)
(3) Defense. Proof by a rental company that the rental company began an action to impose liability upon a renter or authorized driver, even though the renter had purchased a damage waiver sold under
s. 344.576, because of a good-faith mistake that an exception under
s. 344.576 (2) (a) to
(j) applied is a defense to a prosecution for a violation of the terms of the damage waiver under
s. 344.576 (2).
344.579 History
History: 1989 a. 328;
1995 a. 27.
