Consolidated "Hertz Accident and Insurance" Thread
Jul 27, 2016, 3:22 pm
#46
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MSP is right as usual ..... Get the support and do not worry too much. Best of luck .... Let us know how this gets resolved eventually ..... Expect it to take months .....
Jul 27, 2016, 4:13 pm
#47
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Jul 27, 2016, 4:15 pm
#48
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It can easily cost more than the rental rate. Plus, remember than the people who would statistically be better risks are more likely to decline LDW.
Jul 27, 2016, 4:28 pm
#49
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I usually take out LDW on business rentals figuring that if my client is requiring me to drive an unfamiliar car on unfamiliar roads in an unfamiliar city, they should bear the financial cost of the increased risk I'm incurring.
For personal rentals, I generally decline LDW as I'm incurring that increased risk voluntarily. There are some states though (NY) where the LDW rate is low enough where I take LDW even on leisure rentals.
Last edited by Herb687; Jul 27, 2016 at 4:36 pm Reason: multi-quote
Jul 27, 2016, 4:55 pm
#50
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Took a quick troll through the hertz.com site for LDW rates:
LGA: $9
SFO: $11
ORD: $13.50
BOS: $27
DFW: $27
MIA: $31
DEN: $30
PHX: $30
DCA: $30
Jul 27, 2016, 5:11 pm
#52
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So, ding up a Hertz car or have it stolen from your hotel's parking lot and you will still be dealing with your insurance company and exposing yourself to a claim even with credit card provided insurance.
For me, LDW isn't about avoiding the piddling deductible of my auto insurance policy, it's about not having to deal with my insurance company at all.
Jul 27, 2016, 5:20 pm
#53
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I'm not aware of too many US credit cards, higher-tier or otherwise, that actually provide PRIMARY insurance on car rentals. I know Diners Club used to. I believe that there is a Chase product that still does. But most car rental insurance provided by credit cards is secondary.
So, ding up a Hertz car or have it stolen from your hotel's parking lot and you will still be dealing with your insurance company and exposing yourself to a claim even with credit card provided insurance.
For me, LDW isn't about avoiding the piddling deductible of my auto insurance policy, it's about not having to deal with my insurance company at all.
So, ding up a Hertz car or have it stolen from your hotel's parking lot and you will still be dealing with your insurance company and exposing yourself to a claim even with credit card provided insurance.
For me, LDW isn't about avoiding the piddling deductible of my auto insurance policy, it's about not having to deal with my insurance company at all.
Certainly, if you can just bill your client for LDW, might as well do so.
Jul 27, 2016, 5:40 pm
#54
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Where is the relevant case law history for rental car damages in a situation like that of the OP's?
The way I book rental cars with Hertz, I often face no opportunity to pay anything additional specifically for LDW.
The way I book rental cars with Hertz, I often face no opportunity to pay anything additional specifically for LDW.
Jul 27, 2016, 5:47 pm
#55
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And there are a couple of states (CA? NV?) in which a renter has no or limited liability for the theft of a rental car, as long as the renter's negligence did not contribute to the theft.
Jul 27, 2016, 5:54 pm
#56
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In Illinois, your responsibility for loss or damage for any cause other than theft is limited to USD 15,500.00. Loss or damage related to theft is limited to USD 2,000.00, unless the theft results from your fault.
Jul 27, 2016, 7:08 pm
#57
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The code and the rate were part of the rental agreement.
Others have said basically the same thing but I want to emphasis the following:
Unless you're enrolled at a tiny school, your college or university should have some office or offices that provide initial free legal help to students. [A starting point might be to ask your foreign student advisor or foreign student office about this as they usually know the way around such things at your particular institution.] Often this is funded by student services fees, although sometimes it's run by the law school to provide their students with some supervised practical experience on a part time volunteer basis.
Find that student legal services office immediately, before you have any more contact with Hertz, their insurance representatives, or anyone representing the other party. Make an appointment ASAP and bring all of the paperwork you have about the accident and rental contract. Be totally honest with the person advising you. If they advise you to retain an outside lawyer, get recommendations--don't pick your lawyer from an ad or on the internet.
Before meeting with lawyers etc. it might be helpful if you write down the details of all conversations, phone or otherwise, you have had so far regarding the situation. Your cell phone records can help you to recall dates and times.
Others have said basically the same thing but I want to emphasis the following:
Unless you're enrolled at a tiny school, your college or university should have some office or offices that provide initial free legal help to students. [A starting point might be to ask your foreign student advisor or foreign student office about this as they usually know the way around such things at your particular institution.] Often this is funded by student services fees, although sometimes it's run by the law school to provide their students with some supervised practical experience on a part time volunteer basis.
Find that student legal services office immediately, before you have any more contact with Hertz, their insurance representatives, or anyone representing the other party. Make an appointment ASAP and bring all of the paperwork you have about the accident and rental contract. Be totally honest with the person advising you. If they advise you to retain an outside lawyer, get recommendations--don't pick your lawyer from an ad or on the internet.
Before meeting with lawyers etc. it might be helpful if you write down the details of all conversations, phone or otherwise, you have had so far regarding the situation. Your cell phone records can help you to recall dates and times.
Jul 28, 2016, 8:20 am
#58
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Unfortunately, credit card insurance won't cover this accident, since the LDW from Hertz wasn't declined by the customer.
It is a required trigger for the CC insurance.
(If the handling office was located in one of the developing countries they could've easily re-issue a differently worded contract, fraudulently dating it back), but in the law-abiding part of the world the rules are generally followed (at least, within the retail amounts).
Here it will be handled according to the standard Hertz procedures - it isn't a unique case for them.
It is a required trigger for the CC insurance.
(If the handling office was located in one of the developing countries they could've easily re-issue a differently worded contract, fraudulently dating it back), but in the law-abiding part of the world the rules are generally followed (at least, within the retail amounts).
Here it will be handled according to the standard Hertz procedures - it isn't a unique case for them.
Last edited by Firstboss; Jul 28, 2016 at 8:32 am
Aug 1, 2016, 9:23 am
#59
Join Date: Jun 2014
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Ok my thoughts on reading page 1 and 5, seems we have not moved much on the details.
So lets look at this through a contract law prospective
OP booked rental and used a code he/she was not entitled to. Big No No
Hertz accepted booking and did not validate you were entitled to use CDP. Big F Up on there behalf.
Now lets leave aside whats happened, Hertz by providing the vehicle have entered into a contract, while it could be argued that Hertz entered it on up-most good faith, the counter to that is they failed to validate or make appropriate checks. The fact the employee who the damage was reported to asked for the ID and was not happy the OP did not have, shows that Hertz failed in there role and as a consequence Hertz must honor the coverage purchased.
My advise speak to a legal representative who specialisms is in contract law as that's where you will be able win this argument in. By Hertz accepting they failed in there duty they entered into a contract with the OP and accepted the terms.
The OP could as a gesture of good will suggest later in negotiation that he is willing to contrite the difference in the LIS however then the rate etc might come into play but I would not suggest so.
So lets look at this through a contract law prospective
OP booked rental and used a code he/she was not entitled to. Big No No
Hertz accepted booking and did not validate you were entitled to use CDP. Big F Up on there behalf.
Now lets leave aside whats happened, Hertz by providing the vehicle have entered into a contract, while it could be argued that Hertz entered it on up-most good faith, the counter to that is they failed to validate or make appropriate checks. The fact the employee who the damage was reported to asked for the ID and was not happy the OP did not have, shows that Hertz failed in there role and as a consequence Hertz must honor the coverage purchased.
My advise speak to a legal representative who specialisms is in contract law as that's where you will be able win this argument in. By Hertz accepting they failed in there duty they entered into a contract with the OP and accepted the terms.
The OP could as a gesture of good will suggest later in negotiation that he is willing to contrite the difference in the LIS however then the rate etc might come into play but I would not suggest so.
Aug 1, 2016, 3:28 pm
#60
Join Date: Oct 2008
Posts: 338
Actually, their full damages are the damage to the rental vehicle (plus loss of use). If the insurance purchased isn't valid, then the OP is liable for that full amount. Plus, the owner of the other vehicle has a claim against the OP as well. Again, if the liability insurance purchased isn't valid, Hertz has no obligation to cover that claim.
That is unless you want to say that the rental company would have never rented the vehicle to the OP had they known he is not an IBM employee.