Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 118 - Car Rentals; Customer Notices › Subchapter I - Notice of Renter Liability › Section ATCP 118.02 - Notice requirements

Current through June 24, 2024
Rental companies that offer and sell damage waivers shall
					 notify prospective renters about liability for damage to a private passenger
					 vehicle as follows:
(1) Rental
				  companies shall conspicuously display in the place where renters customarily
				  sign rental agreements a notice which states in not less than 16-point type
				  bold face and appears in the format as follows:
WHAT IF YOU DAMAGE A RENTAL CAR?
We Must Provide You With
An Important Notice About Your
Liability For Damage To A Rental Car
(2) Rental companies that offer or sell a
				  damage waiver shall provide each renter a written notice having the following
				  form and content. The rental company shall provide the notice to the renter as
				  part of the rental agreement, or as a separate document without other text or
				  markings, before the renter enters into a rental agreement. If a separate
				  document is used, the rental company shall give each renter one complete copy
				  of the notice signed by that renter and shall retain one complete signed copy
				  with the company's copy of the rental agreement for a period of six years. The
				  rental company may retain its copy in photographic or electronic form. A rental
				  company that retains its copy in photographic or electronic form shall print
				  that copy for the department upon request. The notice shall:
(a) Be printed with text in 11-point type,
				  except that title and headings shall be capitalized and in 13-point type bold
				  face. If a separate document is used, it shall be printed on paper 8 1/2 by 11
				  inches in size.
(b) Contain the
				  following information in the following format.
NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL
					 CAR
The State of Wisconsin requires us to provide the following
					 information about your liability for damage to a rental car and the purchase of
					 a damage waiver.
LIABILITY FOR DAMAGE TO THE RENTAL CAR
The rental agreement makes you and any authorized driver
					 liable for any damage to the rental car caused by an accident, or by
					 intentional, reckless or wanton misconduct, or by theft that you may have
					 intentionally caused. Total liability for any damage is limited to:
1) reasonable repair costs, less discounts
				  available to us, or the fair market value of the car, whichever is less,
				  and
2) actual and reasonable towing
				  costs, and for storage costs during the period before you notify the rental
				  company of the damage to the vehicle or for 14 days after the damage occurs,
				  whichever period is shorter.
LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN
					 STOLEN
If a person who drives the rental car without your
					 authorization causes damage to the car, you may be liable for the damage as
					 though you or an authorized person was driving the car unless you do all of the
					 following:
1) Refrain from leaving the
				  ignition key in the car when you are not in the car.
2) Always keep the ignition key in your
				  possession.
3) Immediately report
				  to the local police if you learn the car has been stolen, or that an
				  unauthorized person is driving the car.
4) Cooperate fully with the local police by
				  providing any information you know that may be helpful.
INSURANCE OR CREDIT CARD COVERAGE
Liability for any damage may be covered by your personal
					 insurance policy or credit card agreement. Check your insurance policy or
					 credit card agreement about coverage.
DAMAGE WAIVER COVERAGE
A damage waiver is not insurance coverage. If you purchase
					 a damage waiver for $ per day, we will waive our right to hold you or any
					 authorized driver liable for damage. Even if you buy a damage waiver, you and
					 any authorized driver will remain liable for damage if any of the following
					 apply:
1) You cause, or any authorized
				  driver causes, the damage intentionally or by reckless or wanton
				  misconduct.
2) The damage occurs
				  while you, or any authorized driver, operates the car in this state while under
				  the influence of an intoxicant or other drug, as described by the laws of this
				  state.
3) The damage occurs while
				  you, or any authorized driver, operates the car in another state while under
				  the influence of an intoxicant or other drug, as described by the laws of that
				  state.
4) The damage occurs while
				  you, or any authorized driver, is engaged in a race, speed, or endurance
				  contest.
5) The damage occurs while
				  you or any authorized driver is using, or has directed another to use, the car
				  in the commission of a misdemeanor, or a felony, as defined by s.939.60,
				  Stats.
6) The damage occurs while
				  you are using, or any authorized driver is using, the car to carry persons or
				  property for hire.
7) The damage
				  occurs while you are using, or any authorized driver is using, the car outside
				  the United States and Canada, except as is permitted under the rental
				  agreement.
8) The damage occurs
				  while the car is operated on a surface not intended for use by private
				  passenger vehicles.
9) You provide
				  us misleading or false information in order to rent the car, which causes us to
				  rent you the car when we would not have otherwise done so, or on terms to which
				  we would not have otherwise agreed.
10) You, or an authorized driver who was
				  operating the car when an accident occurred, fail to promptly report, to us and
				  the police, the accident resulting in damage to the car.
11) The damage is caused by an unauthorized
				  driver if you did not report a theft to the police within 24 hours after you
				  learned the unauthorized driver took possession of the car, did not cooperate
				  with the police in providing information about the theft, or left the ignition
				  key in the car at the time of the theft
NOTICE OF RIGHT TO INSPECT DAMAGE
If the car is damaged, we may not collect any amount for
					 the damage unless you, or an authorized driver against whom we claim liability,
					 have been promptly notified of your and your insurers' right to inspect the
					 unrepaired car within two working days after we were notified of the damage. If
					 you request, we must also give you a copy of any estimate we have obtained from
					 a repair shop regarding any damage claim. Within 2 working days after receiving
					 that estimate, you may request a second estimate from a competing repair shop
					 and we must give you a copy of the second estimate.
COMPLAINTS
If you have any complaints about our attempt to hold you
					 liable for damages or would like a copy of the state law that fully sets forth
					 your rights and obligations, contact:
Bureau of Consumer Protection
P.O. Box 8911, Madison, WI 53708-8911
Call toll-free 1-800-422-7128
Date: Renter's Signature