No insurance may be issued, offered, sold, solicited or negotiated pursuant to this section unless:

Terms Used In New Mexico Statutes 59A-32A-6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

A. the rental period of the rental agreement is ninety consecutive days or less; B. at every location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:

(1)     summarize, clearly and correctly, the material terms and conditions of coverage offered to renters, including the identify of the insurer;

(2)     describe the process for filing a claim in the event the renter elects to purchase coverage, including a toll-free telephone number to report a claim;

(3)     provide the rental car agent’s name, address, telephone number and license number, as well as the consumer hotline number for the superintendent of insurance;

(4)     state that the rental car insurance offered by the rental car agent or endorsee may provide a duplication of coverage already provided by a renter’s personal automobile policy or by another source of coverage;

(5)     state that the purchase by the renter of the rental car insurance is not required in order to rent a rental car;

(6)     state that neither the rental car agent nor its endorsees are qualified to evaluate the adequacy of the renter’s existing insurance coverages;

(7)     set forth the costs for the rental car insurance in the rental agreement; and

(8)     contain any additional information as the superintendent of insurance may prescribe; and

C. evidence of the rental car insurance purchased is disclosed on the face of the rental agreement.