HRS §437D-12
No deposits or upfront charges for rental car damage
A rental car company cannot ask for a deposit or charge your credit card in advance for possible damage to the car you are renting. When you return the car damaged, the company cannot demand payment until you both agree on the cost and who is responsible, or a legal process decides it.
The statute, as written — Deposit or advance charge prohibited; payment for damages to rental motor vehicle
No lessor shall require a deposit or an advance charge against the credit card of a lessee, in any form, for damages to a vehicle which is in the lessee's possession, custody, or control. No lessor shall require any payment for damages to the rental vehicle, upon the lessee's return of the vehicle in a damaged condition, until after the cost of the damage to the vehicle and liability therefor is agreed to between the lessor and lessee or is determined pursuant to law.
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