625 ILCS 5/6-305.2
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 6 - The Illinois Driver Licensing Law

Sec. 6-305.2. Limited liability for damage.(a) Damage to private  passenger vehicle.  A person who rents a motor vehicle to another may hold  the renter liable to the extent permitted under subsections (b) through (d) for  physical or mechanical damage to the rented motor vehicle that occurs during  the time the motor vehicle is under the rental agreement.(b) Limits on liability: vehicle MSRP $50,000 or less.  The total liability of a renter under subsection  (a) for damage to a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of $50,000 or less may not exceed all of the following:(1) The lesser of:(A) Actual and reasonable costs that the person         who rents a motor vehicle to another incurred to repair the motor vehicle or that the rental company would have incurred if the motor vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the rental company; or(B) The fair market value of that motor vehicle         immediately before the damage occurred, as determined in the customary market for the retail sale of that motor vehicle; and(2) Actual and reasonable costs incurred by the loss     due to theft of the rental motor vehicle up to $2,000; provided, however, that if it is established that the renter or an authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or an authorized driver committed or aided and abetted the commission of the theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of that vehicle.For purposes of this subsection (b), for the period prior to June 1, 1998,  the  maximum amount that may be recovered from an authorized driver shall not exceed  $6,000; for the period beginning June 1, 1998 through May 31, 1999, the maximum  recovery shall not exceed $7,500; and for the period beginning June 1, 1999  through May 31, 2000, the maximum recovery shall not exceed $9,000.  Beginning  June  1, 2000,  and annually each June 1 thereafter, the maximum amount that may be recovered  from an authorized driver shall be increased by $500 above the maximum recovery  allowed immediately prior to June 1 of that year.(b-5)   Limits on liability: vehicle MSRP more than $50,000. The total liability of a renter under subsection (a) for damage to a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of more than $50,000 may not exceed all of the following:(1)   the lesser of:(A)   actual and reasonable costs that the person         who rents a motor vehicle to another incurred to repair the motor vehicle or that the rental company would have incurred if the motor vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the rental company; or(B)   the fair market value of that motor vehicle         immediately before the damage occurred, as determined in the customary market for the retail sale of that motor vehicle; and(2)   the actual and reasonable costs incurred by the     loss due to theft of the rental motor vehicle up to $40,000.The maximum recovery for a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of more than $50,000 under this subsection (b-5) shall not exceed $40,000 on the effective date of this amendatory Act of the 99th General Assembly. On October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $2,500 above the prior year's maximum recovery. On October 1, 2020, and for each year thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $1,000 above the prior year's maximum recovery.(c) Multiple recoveries prohibited.  Any person who rents a motor  vehicle to another may not hold the renter liable for any amounts that the  rental company recovers from any other party.(d) Repair estimates.  A person who rents a motor vehicle to another may  not collect or attempt to collect the amount described in subsection (b) or (b-5) unless  the rental company obtains an estimate from a repair company or an appraiser in  the business of providing such appraisals on the costs of repairing the motor  vehicle, makes a copy of the estimate available upon request to the renter who  may be liable under subsection (a), or the insurer of the renter, and submits a  copy of the estimate with any claim to collect the amount described in  subsection (b) or (b-5). In order to collect the amount described in subsection (b-5), a person renting a motor vehicle to another must also provide the renter's personal insurance company with reasonable notice and an opportunity to inspect damages.(d-5)    In the event of loss due to theft of the rental motor vehicle with a MSRP more than $50,000, the rental company shall provide reasonable notice of the theft to the renter's personal insurance company.(e) Duty to mitigate.  A claim against a renter resulting from damage or  loss to a rental vehicle must be reasonably and rationally related to the  actual loss incurred.  A rental company shall mitigate damages where possible  and shall not assert or collect any claim for physical damage which exceeds the  actual costs of the repair, including all discounts or price reductions.(f) No rental company shall require a deposit or an advance charge  against  the credit card of a renter, in any form, for damages to a vehicle which is in  the renter's possession, custody, or control.  No rental company shall require  any payment for damage to the rental vehicle, upon the renter'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 rental company and renter or is  determined pursuant to law.(g) If insurance coverage exists under the renter's personal insurance  policy and the coverage is confirmed during regular business hours, the renter  may require that the rental  company must submit any claims to the renter's personal insurance carrier as  the renter's agent.  The rental company shall not make any written or oral  representations that it will not present claims or negotiate with the renter's  insurance carrier.  For purposes of this Section, confirmation of coverage  includes telephone confirmation from insurance company representatives during  regular business hours.  After  confirmation of coverage, the amount of claim shall be resolved between the  insurance carrier and the rental company.  (Source: P.A. 99-201, eff. 10-1-15.)