ma999
Apr 13, 07, 12:25 pm
We unfortunately had an accident with a Hertz rental car in the USA and my mother and father-in-law found themselves in hospital for a while.
Since they have no other insurance other than the PAI - Personal Accident Insurance - which pays a measly 2500 dollars per person, I was wondering if the LIS could be used to pay the hospital.
For information, the car was hired in my name and my wife (who was driving) was also an authorized operator. My in-laws were not authorized operators.
The conditions are below... sorry it's a bit long!
From my understanding, since my in-laws don't reside in our household (see the last paragraph), it seems that they should be able to claim for bodily injury against this policy, as third parties.
Can anybody confirm this for me?
Hertz will provide secondary liability protection from claims of injury by others against you resulting from an accident with the rental car. Your personal/business insurance is primary to the minimum state limits. In the event there is no applicable liability protection, Hertz, by default, becomes primary.
However, Hertz makes available additional liability protection, which is primary, if the optional Liability Insurance Supplement, LIS, is purchased.
Liability Insurance Supplement (LIS)
Liability Insurance Supplement (LIS) is primary protection, which provides the first USD 1,000,000.00 of combined bodily injury and/or property damage protection for each occurrence. (Note - Hawaii has an extended LIS option of USD 2,000,000.00)
LIS also includes Uninsured/ Underinsured Motorists Coverage of up to USD 100,000.00 per occurrence for combined bodily injury and/or property damage claims. (Exception: In New York, LIS includes up to USD 100,000.00 per person/USD 300,000.00 per accident Uninsured/Underinsured Motorist Coverage. Recoveries under any per accident limit are subject to the per person limit. In Vermont, LIS includes up to USD 50,000.00 per person/USD 100,000.00 per accident Uninsured/Underinsured Motorist Coverage. Recoveries under any per accident limit are subject to the per person limit.)
LIS provides coverage for you and other authorized operators of your rental vehicle for third party claims.
For rentals in Maryland - You may not need the automobile insurance offered by Hertz. Your automobile insurance policy may provide coverage for your liability while operating the rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving this rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required bylaw to be provided by the owner of the rental vehicle.
See Liability Insurance Supplement in the Location Index for specific charges.
There are some exclusions to this coverage, which we feel you should know. Under LIS, in the event of an accident, you will not be protected for third party liability:
If LIS is not accepted at commencement of the rental or if you fail to pay the charges for LIS.
If you or an authorized driver operated the rental car in violation of the Rental Agreement, including, but not limited to, operating the car while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements; permit the use of the car by anyone other than authorized operators; for purposes that could properly be charged as a felony, to tow or push anything, or in a speed contest or for driver training.
If the car or LIS coverage was obtained by fraud or misrepresentation.
LIS is third party liability coverage only. Except where permitted by law or pertaining to Uninsured/Underinsured Motorist Coverage:
LIS does not cover personal injury to you or any authorized operator of the rental car or to your or their family members who are related by blood, marriage or adoption and reside in your or their household.
Since they have no other insurance other than the PAI - Personal Accident Insurance - which pays a measly 2500 dollars per person, I was wondering if the LIS could be used to pay the hospital.
For information, the car was hired in my name and my wife (who was driving) was also an authorized operator. My in-laws were not authorized operators.
The conditions are below... sorry it's a bit long!
From my understanding, since my in-laws don't reside in our household (see the last paragraph), it seems that they should be able to claim for bodily injury against this policy, as third parties.
Can anybody confirm this for me?
Hertz will provide secondary liability protection from claims of injury by others against you resulting from an accident with the rental car. Your personal/business insurance is primary to the minimum state limits. In the event there is no applicable liability protection, Hertz, by default, becomes primary.
However, Hertz makes available additional liability protection, which is primary, if the optional Liability Insurance Supplement, LIS, is purchased.
Liability Insurance Supplement (LIS)
Liability Insurance Supplement (LIS) is primary protection, which provides the first USD 1,000,000.00 of combined bodily injury and/or property damage protection for each occurrence. (Note - Hawaii has an extended LIS option of USD 2,000,000.00)
LIS also includes Uninsured/ Underinsured Motorists Coverage of up to USD 100,000.00 per occurrence for combined bodily injury and/or property damage claims. (Exception: In New York, LIS includes up to USD 100,000.00 per person/USD 300,000.00 per accident Uninsured/Underinsured Motorist Coverage. Recoveries under any per accident limit are subject to the per person limit. In Vermont, LIS includes up to USD 50,000.00 per person/USD 100,000.00 per accident Uninsured/Underinsured Motorist Coverage. Recoveries under any per accident limit are subject to the per person limit.)
LIS provides coverage for you and other authorized operators of your rental vehicle for third party claims.
For rentals in Maryland - You may not need the automobile insurance offered by Hertz. Your automobile insurance policy may provide coverage for your liability while operating the rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving this rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required bylaw to be provided by the owner of the rental vehicle.
See Liability Insurance Supplement in the Location Index for specific charges.
There are some exclusions to this coverage, which we feel you should know. Under LIS, in the event of an accident, you will not be protected for third party liability:
If LIS is not accepted at commencement of the rental or if you fail to pay the charges for LIS.
If you or an authorized driver operated the rental car in violation of the Rental Agreement, including, but not limited to, operating the car while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements; permit the use of the car by anyone other than authorized operators; for purposes that could properly be charged as a felony, to tow or push anything, or in a speed contest or for driver training.
If the car or LIS coverage was obtained by fraud or misrepresentation.
LIS is third party liability coverage only. Except where permitted by law or pertaining to Uninsured/Underinsured Motorist Coverage:
LIS does not cover personal injury to you or any authorized operator of the rental car or to your or their family members who are related by blood, marriage or adoption and reside in your or their household.