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Car Rental - Legal Advice

Discussion in 'BBS Hangout' started by ubigred, Mar 30, 2012.

  1. ubigred

    ubigred Contributing Member

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    Rental Car Insurance - Legal Advice

    I was in involved in an accident and the police confirmed I was not at fault.

    1. The other party acknowledged fault in the accident.
    2. Other party's insurance paid for repair and car rental.
    3. I have liability insurance , which does not cover rental vehicles.


    However, the insurance company did not pay for the insurance that I had to get on the rental car.

    I called the person at fault and politely explained the situation. They promptly said they would not pay for insurance on the rental vehicle.


    Would I have a legit case in Small Claims Court? Thanks for the help.
     
    #1 ubigred, Mar 30, 2012
    Last edited: Mar 30, 2012
  2. AMS

    AMS Contributing Member

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    Why would they pay for your rental insurance?
     
  3. JuanValdez

    JuanValdez Contributing Member

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    It sucks, but it's probably a lot easier to pay out of your own pocket than to use some legal recourse to force someone else to pay.
     
  4. ubigred

    ubigred Contributing Member

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    I wouldn't have to have a rental car if I was not involved in an accident AND it was their fault.

    I had to get insurance on the rental vehicle, it would be stupid not to have insurance/coverage on a rental car.
     
    #4 ubigred, Mar 30, 2012
    Last edited: Mar 30, 2012
  5. ubigred

    ubigred Contributing Member

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    My vehicle was in the shop for over a month. I had the rental for that whole time while paying daily insurance on it.
     
  6. Hammer755

    Hammer755 Contributing Member

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    But you made the choice in your existing policy not to cover the rental car. Insurance rarely, if ever, makes you completely whole after an accident.
     
  7. ubigred

    ubigred Contributing Member

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    What?
     
  8. ryan17wagner

    ryan17wagner Member

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    They're not responsible for that. Only for your car replacement. No one's car insurance pays for car rental damage waiver. If you go out drinking and driving and hit someone, why should the person who hit you have to pay for your rental damage waiver?
     
  9. Dairy Ashford

    Dairy Ashford Member

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    Rental insurance is an extra service, like the prepaid gas or whatever. I can't imagine they'd be responsible for your hypothetical negligence on a separate car.
     
  10. codell

    codell Contributing Member

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    They don't pay for the fuel either. Shocking, I know.
     
    1 person likes this.
  11. LongTimeFan

    LongTimeFan Contributing Member

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    What about the upgraded CD player? It would be stupid not to have some bumping music on a rental car.
     
  12. Space Ghost

    Space Ghost Contributing Member

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    Rental insurance is covered by your policy, not the others. That is what you get for being cheap. Next time don't send it to a shop that takes a month to fix it.
     
  13. Baqui99

    Baqui99 Contributing Member

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    Change your name and move to Mexico.
     
  14. Karolik

    Karolik Member

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    In other words, the answer is NO.
     
  15. BleedsRocketRed

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    When my car was hit and in the shop, Progressive did pay for my liability coverage on my rental car. It was an additional $12 a day or something to that extent.

    :confused:
     
  16. krosfyah

    krosfyah Contributing Member

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    Yea, thats crappy that they don't pay insurance but I doubt you have any recourse. You should have it on your policy. It's not their fault you don't have rental insurance. Insurance is to cover what-if scenario's and you got caught.

    Getting into an accident is ALWAYS a lose-lose scenario. Even if it isn't your fault, you will come out behind.

    Let's say you did have rental car coverage from your insurer and you made a claim to cover this scenario, your insurance co would probably raise your rate next time cause you made a claim.

    Insurance companies suck.

    My advice...wait for it.
    .
    .
    .
    .
    Next time, don't get into an accident.
     
  17. dragician

    dragician Member

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    Go for it man.
     
    1 person likes this.
  18. bobrek

    bobrek Politics belong in the D & D

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    As I understand your question, the cost of the car rental IS being paid by the other guy, but the insurance you have to pay in order to drive the rental car is not. By default, my insurance (State Farm) covers my car rental insurance as long as I am in the U.S. and it has nothing to do with having the ability to get a rental car if I need one due to an accident. What does your agent say?
     
  19. ima_drummer2k

    ima_drummer2k Contributing Member

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    Most insurance companies DO cover rental cars. Rental companies wouldn't rent to you otherwise. But it's never the other guy's policy, it's yours. Doesn't matter whose fault the original accident was or whose insurance is paying for the rental car itself.

    And if you wreck a rental car, YOUR insurance treats it like liability claim - which actually makes sense, since it's technically someone else's car (rental company) that you wrecked. The rental company will go after your insurance company and your rates will go up just as they would with any other liability claim.

    Someone else's insurance will almost never pay for damage waiver on a rental car. Just as they don't pay your personal insurance premiums while your car is in the shop. It's basically the same thing.
     
  20. Surfguy

    Surfguy Contributing Member

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    When my car was hit and in the shop, the old b*stard who hit me was carrying bogus Progressive insurance printout he printed from the internet. I told him this isn't real. He claimed it was real. I called Progressive. Guy wasn't covered by the policy but pretending he was apparently. Since I didn't have rental car option on my policy, I ended up paying for it and the deductible.

    So, I end up paying $250 deductible and $325 for rental car for wreck not my fault in any way and got nothing.

    I just find it crazy that I did nothing wrong and I'm out all that money. It was a big F__K YOU to me for doing the right thing and being covered when the other party wasn't. I still want to kill that old b*stard. Doing the right thing is overrated in my book now.
     

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