NRS482.31535. Permissible agreements between lessor and lessee as to responsibility for damage to or loss of passenger car leased for short term; determination of fair market value.

      1.  Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical damage to the car, up to and including its fair market value, regardless of the cause of the damage.

      (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

             (1) A collision;

             (2) An impact; or

             (3) Any other type of incident,

Ê that is caused by a deliberate or negligent act or omission on the part of the lessee.

      (c) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

             (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

             (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

Ê The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      (d) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph (c).

      (e) Physical damage to the car and loss of use of the car, up to $2,500, resulting from vandalism not related to the theft of the car and not caused by the lessee.

      (f) Loss of use of the car if the lessee is liable for damage or loss.

      (g) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.

      (h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      (Added to NRS by 1989, 1619; A 2003, 980; 2009, 548)