Consolidated "Hertz Accident and Insurance" Thread
Jul 27, 2016, 4:31 am
#31
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Except that, when you get the car, you sign a contract stating that you're eligible to use the code. He knew perfectly well he wasn't an IBM employee.
Jul 27, 2016, 4:34 am
#32
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In fact, it can be argued that it is Hertz doing something unsavory by planting those discount codes in the Internet. I just found an IBM corporate discount code right on www.hertz.com.
Jul 27, 2016, 10:09 am
#34
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You're such an idiot who talks as if you know what is fraud and not fraud. If the guy committed fraud in your assumptions, then about the rental company by giving him the liability insurance when they know that the IBM discount would cover the liability as well. Why the .... did they not disclose that? Wouldn't that make them frauding a customer too, not for $4, for $13+ by them compared to the guy's. Don't talk without understanding both sides. Dumbass .... head...
You do not understand the difference between what a company covers for its employees traveling on company business, coverage for damage to the vehicle rented by the employee, and LIS, which is coverage for damage covered to third-party's vehicles (and perhaps injuries to third parties).
The OP admitted to fraud when he admitted that he pulled the CFP off an internet search and then represented to Hertz that he was eligible for its use without knowing that he was.
As others note, he immediately invalidated the contract and all of the coverages he obtained.
Please understand the difference between the various coverages which OP obtained, what they mean and why people obtain them and why being an employee traveling on company business means something.
Last edited by Often1; Jul 27, 2016 at 10:37 am
Jul 27, 2016, 12:01 pm
#35
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Even if (and I do not think they do) the rental company qualifies for reimbursement, what are their damages again, was it $4? I think if they ask nicely the OP will give them $4.
Jul 27, 2016, 1:29 pm
#36
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This has nothing to do with damages.
I am certain that neither Hertz nor its carrier will sue OP for the $4 per day. He has simply voided the benefits by committing fraud and therefore won't receive the benefit of the deal. In fact, Hertz will likely refund OP the cost of the two coverages.
If you want to review the specific language, it is upthread. It's the same for all the auto rental companies.
I am certain that neither Hertz nor its carrier will sue OP for the $4 per day. He has simply voided the benefits by committing fraud and therefore won't receive the benefit of the deal. In fact, Hertz will likely refund OP the cost of the two coverages.
If you want to review the specific language, it is upthread. It's the same for all the auto rental companies.
Jul 27, 2016, 1:32 pm
#37
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The scare stories -- including those based on claims about fraud -- are just scare mongering unless and until the OP really sees Hertz coming after the OP's accounts above and beyond what Hertz has already been duly paid.
Not all perceived breaches of contracts are actual breach of contract; nor are all breaches of contract -- even willful breaches -- necessarily considered a form of fraud under the law.
Not all perceived breaches of contracts are actual breach of contract; nor are all breaches of contract -- even willful breaches -- necessarily considered a form of fraud under the law.
Jul 27, 2016, 2:01 pm
#38
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Doesn't matter if it's fraud or not, it's breach of contract, and that's sufficient. Who knows if Hertz will actually come after the OP for the full damages. OP should be prepared for the real possibility that they will, however.
Jul 27, 2016, 2:10 pm
#39
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Sure. Their full damages are at best the difference between the IBM employee rate and the lowest rate the OP actually qualified for at the time of rental.
Jul 27, 2016, 2:12 pm
#40
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Jul 27, 2016, 2:26 pm
#41
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Jul 27, 2016, 2:30 pm
#42
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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.
Jul 27, 2016, 2:36 pm
#43
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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.
Last edited by MSPeconomist; Jul 27, 2016 at 3:26 pm
Jul 27, 2016, 2:38 pm
#44
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The OP misrepresented himself (as an IBM employee) when he booked the car. The question is, is that misrepresentation sufficient enough to invalidate the insurance. I'm not at all sure it invalidates the OP's insurance, since it's not that Hertz wouldn't have rented him the car absent the misrepresentation, they just would have charged a higher price.
Certainly, any insurance that comes with being an IBM employee would be invalid. Since the OP bought the insurance (at what looks like full retail), it's not a cut and dried situation, in my mind.
Certainly, any insurance that comes with being an IBM employee would be invalid. Since the OP bought the insurance (at what looks like full retail), it's not a cut and dried situation, in my mind.
Jul 27, 2016, 2:39 pm
#45
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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 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 serviced 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 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 serviced 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.
Excellent advice.