HRS §437D-5
Rental agreements must clearly explain damage waivers
This section requires rental agreements with damage waivers to clearly state the waiver is optional, costs extra, and list the daily charge and all restrictions. It also says the agreement cannot have unreasonable terms or exclude damage from ordinary negligence. The renter must be told to check their own auto insurance.
borrowerstenants
The statute, as written — Rental agreements; damage waivers
(a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information: (1) That the damage waiver is optional; (2) That the damage waiver entails an additional charge; (3) The actual charge per day for the damage waiver; (4) All restrictions, conditions, and provisions in or endorsed on the damage waiver; (5) That the lessee may already be sufficiently covered and should examine the lessee's personal automobile insurance policy to determine whether it provides coverage for damage and the amount of the deductible; (6) That by entering into the rental agreement, the lessee may be liable for damage to the rental motor vehicle; and (7) The acknowledgment described in section 437D-11. (b) The rental agreement shall not contain an unreasonable restriction, condition, or provision in or endorsed on a damage waiver. The damage waiver shall not exclude damages caused by ordinary negligence on the part of the lessee.
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