A short-term lessor may provide in a lease of a passenger car that a waiver of damages does not apply in the following circumstances:
1. Damage or loss resulting from an authorized driver’s:
(a) Intentional, willful, wanton or reckless conduct.
(b) Operation of the car in violation of NRS 484C.110.
(c) Towing or pushing with the car.
(d) Operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
2. Damage or loss occurring when the passenger car is:
(a) Used for hire.
(b) Used in connection with conduct that constitutes a felony.
(c) Involved in a speed test or contest or in driver training activity.
(d) Operated by a person other than an authorized driver.
(e) Operated in a foreign country or outside of the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations.
3. An authorized driver providing:
(a) Fraudulent information to the short-term lessor.
(b) False information to the lessor and the lessor would not have leased the passenger car if the lessor had received true information.
4. Damage or loss resulting from the theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:
(a) 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
(b) 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.
The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft.
(Added to NRS by 1989, 1621; A 2003, 982; 2009, 549)
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