FlyerTalk Forums - View Single Post - Had an accident, no insurance with me and Hertz going to charge me for the Liability
Old May 16, 2014 | 8:43 pm
  #3  
wsnju
 
Join Date: Oct 2013
Posts: 40
Thanks for your quick reply, I know in this general terms and conditions there's no statements about property damage. I'm not a lawyer, so I don't know if they would provide that coverage when they don't talked about it.

But a further research lead me to a much detailed terms and conditions, this is for for the Gold Reward Enrollment and Rentals:

https://www.hertz.com/rentacar/ememb...dConditions.do

In the PART II. B. Par (10), there's a detailed statement about the secondary and primary liability insurance :

B. If you do not purchase liability insurance supplement (lis) (a summary of lis coverage appears below) at the commencement of the rental and an accident results from the use of the car, your insurance and the insurance of the operator of the car will be primary. This means that hertz will not grant any defense or indemnity protection under this paragraph if either you or the operator of the car are covered by any valid and collectible automobile liability insurance, whether primary, excess or contingent, with limits at least equal to the minimum required by the applicable state financial responsibility law. If neither you nor the operator of the car have such insurance, hertz will grant you and any authorized operator of the car limited protection under the terms and conditions stated in subparagraphs 10(a) above and 10(e) below.

10(A). Within the limits stated in this subparagraph, hertz will indemnify, hold harmless, and defend you and any other authorized operators from and against liability to third parties, which by definition excludes any of your or any authorized operators’ family members related by blood, marriage or adoption residing with you or them, for bodily injury (including death) and property damage, if the accident results from the use of the car as permitted by this agreement. The limits of this protection, including owner’s liability, are the same as the minimum limits required by the automobile financial responsibility law of the jurisdiction in which the accident occurs, unless higher limits apply for the cdp number or rate plan shown on the rental record. These limits may not be adequate to fully cover your liability in the event that you are involved in an accident. This protection will conform to the basic requirements of any applicable mandatory “no fault” law but does not include “uninsured motorist,” “underinsured motorist,” “supplementary no fault” or any other optional coverage. To the extent permitted by law, hertz and you hereby waive and reject the inclusion of any such protection. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. Hertz warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which you or an authorized operator may have.
To be honest, I'm not a lawyer, I'm not sure under this condition which one should be applied to my case. And overall, this would only be a ~$1000 claim, I'm still consider if it worth the time and effort to fight for, but I would suggest that anyone should not just rely on Hertz's build-in liability coverage, this is a lesson for me, and hope is also for the others.


Originally Posted by Dave Noble
Looking at the Hertz terms, the only coverage that is provided by Hertz covers secndary coverage for injury of individuals and nothing to do with coverage of damage to property

From https://www.hertz.com/rentacar/reser...ES&EOAG=MSPT11



If you have refused to pay , then it seems not surprising that you may have been added to a do-not-rent list

Last edited by wsnju; May 16, 2014 at 8:52 pm
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