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Consolidated "Hertz Accident and Insurance" Thread

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Consolidated "Hertz Accident and Insurance" Thread

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Old Aug 1, 2016, 3:49 pm
  #61  
 
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Originally Posted by suley
OP booked rental and used a code he/she was not entitled to. Big No No
I disagree with this part. Searching for discount codes online and trying them before purchase is expected behavior. This is what thrifty shoppers do.
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Old Aug 1, 2016, 4:02 pm
  #62  
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Originally Posted by TObject
I disagree with this part. Searching for discount codes online and trying them before purchase is expected behavior. This is what thrifty shoppers do.
Except that Hertz typically, at the time of pickup, asks the renter to sign or initial a section of the rental agreement to affirm that the renter is affiliated with the organization whose discount code is being used, and that the renter is entitled to use the code (or words to that effect).
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Old Aug 1, 2016, 4:17 pm
  #63  
 
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Originally Posted by TObject
I disagree with this part. Searching for discount codes online and trying them before purchase is expected behavior. This is what thrifty shoppers do.
I currently have a used ford focus for sale at $64,999 but one of you 'thrifty shoppers' can have it for a mere $14,999.

Last edited by Calum; Aug 1, 2016 at 4:26 pm
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Old Aug 1, 2016, 4:27 pm
  #64  
 
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Originally Posted by Calum
I currently have a used ford focus for sale at $64,999 but one of you 'thrifty shoppers' can have it for a $14,999.
I smell a Robinson-Patman Act violation.
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Old Aug 1, 2016, 5:12 pm
  #65  
 
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Wonder if the OP will ever get back to us with an update on how things are going?
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Old Aug 3, 2016, 8:18 am
  #66  
 
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Yeah, I want to see how this ends as well. This is a perfect case study for code eligibility claims that many say would void the insurance. That said, I could not specify where it says so in the rental agreement and in which exact words. A good lawyer should be able to turn this around if the language is not clear. Once the code was accepted the car issued eligibility should no longer be relevant. It also appears that insurance is included at the rate and has been acquired, so I don't see how it can be legally be void. Again, a lawyer should be able to make Hertz responsible for eligibility verification at the time of rental. For all that matters, the customer may claim that he was an employee of IBM Japan at time of reservation, but since then has resigned. Nowhere does it say that he needs to amend his reservation to match his current status and under Japanese privacy law IBM Japan will not reveal information whether the said customer was their employee or not.

One other thing, international drivers get some sort of conditional mandatory insurance automatically applied to their rental. This is true to some states, and I am not sure what is the exact clause and whether it is applicable to long term residents.

Finally, I know it's too late for this, but always get a lawyer when you get into these situations. Call law firm right from scene of the accident and DO NOT post anything online, publish any pictures and admit any guilt or wrong doing. Frankly, when Hertz asked you for employee ID, you should have asked them exact purpose that they require it for.
Also, not sure why you went to contact another location.. There is a hotline number that you can call on your agreement.

Hope you find a way out of this... please keep us posted.
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Old Aug 3, 2016, 4:45 pm
  #67  
pkz
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Originally Posted by Calum
Wonder if the OP will ever get back to us with an update on how things are going?
Hi Calum,

I really appreciate your follow-up on this incident.

Currently, there is nothing to update. I'm still waiting for them to contact me about the insurance and stuff. The only update I need to give you guys is that I got a normal call from Hertz corp and they asked me to describe the incident and said they will contact me if they need any further information. They spoke nothing about the code and stuff. I remained calm because I don't want to mess things up by speaking and making them point finger at me.

I'm still waiting every day for an update from them. I'm waking up with the same thought and I'm going to bed with the same thought.

I'll update you guys if there is any move in the case.

Thanks & Regards.

Originally Posted by aces_high
Yeah, I want to see how this ends as well. This is a perfect case study for code eligibility claims that many say would void the insurance. That said, I could not specify where it says so in the rental agreement and in which exact words. A good lawyer should be able to turn this around if the language is not clear. Once the code was accepted the car issued eligibility should no longer be relevant. It also appears that insurance is included at the rate and has been acquired, so I don't see how it can be legally be void. Again, a lawyer should be able to make Hertz responsible for eligibility verification at the time of rental. For all that matters, the customer may claim that he was an employee of IBM Japan at time of reservation, but since then has resigned. Nowhere does it say that he needs to amend his reservation to match his current status and under Japanese privacy law IBM Japan will not reveal information whether the said customer was their employee or not.

One other thing, international drivers get some sort of conditional mandatory insurance automatically applied to their rental. This is true to some states, and I am not sure what is the exact clause and whether it is applicable to long term residents.

Finally, I know it's too late for this, but always get a lawyer when you get into these situations. Call law firm right from scene of the accident and DO NOT post anything online, publish any pictures and admit any guilt or wrong doing. Frankly, when Hertz asked you for employee ID, you should have asked them exact purpose that they require it for.
Also, not sure why you went to contact another location.. There is a hotline number that you can call on your agreement.

Hope you find a way out of this... please keep us posted.
Thank you so much for your valuable advice and thoughts. Till now there is no update from Hertz. Hope everything will be ok.

I'll update you if there is any move in the case.

Thanks & Regards.

Last edited by FlyinHawaiian; Mar 31, 2018 at 3:25 am Reason: Merge
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Old Aug 3, 2016, 7:08 pm
  #68  
 
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Originally Posted by aces_high
This is a perfect case study for code eligibility claims that many say would void the insurance.
Yes and no.

Normally such claims are that using a code you're not eligible for will void CDW/LDW that is included in that rate. This is a different case as the CDW was paid for separately, at (what appears to be) the full market rate.

Voiding coverage that the renter was never eligible for is one thing, but voiding coverage that they paid for in good faith (for the coverage part, at least) is a very different situation.
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Old Aug 3, 2016, 10:58 pm
  #69  
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So I'm curious - where would one find out what the requirements are for a renter to use a particular discount code? I.e., how does one know that one needs to be an employee of IBM? As opposed to, say, a friend or family member of an IBM employee, or even a customer. In fact, many discount codes are for customers (i.e., Costco, Amex, USAA).

In a related matter, there's a "great" IBM code with National/Enterprise, that includes LDW in the rate. Of course, depending upon the foregoing, may be an even worse idea to use that one compared to the Hertz IBM code.
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Old Aug 3, 2016, 11:02 pm
  #70  
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If IBM doesn't tell its employees that the rate code can be given to friends and family and IBM doesn't publicize this deal for its customers, I would assume that the answer is no. An employee can of course ask their travel office. However, if you have to ask, the answer is very likely to be NO.
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Old Aug 4, 2016, 3:28 am
  #71  
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The IBM codes are available for staff and contractors of IBM to use for business and/or personal travel. They are not available for use by others

IBM doesn't advertise its codes and are private corporate rates and not just general discount codes to be granted to all and sundry
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Old Aug 4, 2016, 7:06 am
  #72  
 
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Originally Posted by ijgordon
So I'm curious - where would one find out what the requirements are for a renter to use a particular discount code? I.e., how does one know that one needs to be an employee of IBM? As opposed to, say, a friend or family member of an IBM employee, or even a customer. In fact, many discount codes are for customers (i.e., Costco, Amex, USAA).
The onus is on the renter to determine if he is eligible. The renter is the one that makes the affirmative statement in the contract that he is eligible to use the code.

Really, it's pretty simple: if you're not sure if you're eligible to use the code, you probably aren't.
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Old Aug 5, 2016, 1:07 pm
  #73  
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Great, well that all seems highly definitive, and I'm sure would hold up during legal proceedings (if one has a good lawyer!)
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Old Aug 5, 2016, 3:08 pm
  #74  
 
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Originally Posted by ijgordon
Great, well that all seems highly definitive, and I'm sure would hold up during legal proceedings (if one has a good lawyer!)
It should hold up just fine. There's a contract where the renter says "I'm entitled to use code XYZ." The renter is making an affirmative statement of eligibility.
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Old Aug 11, 2016, 7:03 pm
  #75  
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Originally Posted by cestmoi123
It should hold up just fine. There's a contract where the renter says "I'm entitled to use code XYZ." The renter is making an affirmative statement of eligibility.
So now the renter gets to determine eligibility? Nice.
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