Rear ended not authorized driver

helpSOS24 · #1 01-10-2005, 06:52 PM

What is the name of your state? DE

I am really worried. My fiancee rented a car from Hertz and he was the only authorized driver. I was driving that car in Florida and somebody hit us in the rear. We got a police report citing the other person as being completely at fault. However, first I was not legallly authorized to drive and second we did not take insurance from Hertz. We were using our own liability insurance(we dont have collision coverage) and for collision my fiancee used his visa platinum benefits. Now we got a letter from Hertz asking for our policy number for the charges.We called up visa people and they said that only the authorized driver can make a claim. I am stuck . We are planning to call Hertz claim department to talk to them. What should I do? Should I call the insurance company of the person who hit us and ask for damages? or will hertz do it??? also how much are they going to charge for breach of the rental agreement..I am graduate student and I dont knw anything about this . Please help in any way.

teflon_jones · #2 01-11-2005, 09:10 AM

Since you weren't an authorized driver, you're not covered. You need to read the Visa card agreement to see whether you're covered under that plan or not, and confirm what they told him.

That being said, if the other driver was 100% at fault, then his insurance should be paying for this. Have you put Hertz in touch with their insurance?

Who's Liable? · #3 01-11-2005, 01:29 PM

Quote:

Originally Posted by teflon_jones

Since you weren't an authorized driver, you're not covered. You need to read the Visa card agreement to see whether you're covered under that plan or not, and confirm what they told him.

That being said, if the other driver was 100% at fault, then his insurance should be paying for this. Have you put Hertz in touch with their insurance?

whoa partner... wrong info.... since she was NOT the authorized driver, they may have voided the rental car contract and her BF may be at fault... I'll explain a little more later...

teflon_jones · #4 01-11-2005, 09:37 PM

Quote:

Originally Posted by Who's Liable?

whoa partner... wrong info.... since she was NOT the authorized driver, they may have voided the rental car contract and her BF may be at fault... I'll explain a little more later...

I've been thinking about this one more, and I think they were out of luck as soon as she took the wheel of the car. At that point, as you said, the rental contract was voided, and Hertz will want the money only from the boyfriend, which is valid. However, her and her boyfriend may be able to pursue this through small claims court against the other driver. I'm not sure of the specifics of rental car law in DE for this one though... I couldn't find a statute that addressed this.

Who's Liable? · #5 01-11-2005, 09:38 PM

My girlfriend works for Enterprise so I asked her about this. It may change from state to state and within the company but generally they are the same.

In AZ rental contracts are regardless of fault, meaning even if you did not cause the accident, you are responsible for fixing the rental. The rental company doesn't get involved in the "he said, she said" of determing liabilty. So first step is to determine your states rental contract laws are...

So, Hertz would file with the Fiancee's insurance company and because Fiancee does not have collision, Fiancee is responsible for the repair bill. Even if you had been an authorized driver, the primary renter is always responsible for damages incurred. A lot of people rent for their friend/brother etc., and get screwed this way.

His Visa Platinum card will most likely not cover this, he needs to read the fine print of his card to determine what they do/don't conver. There are many many loopholes in their(Visa) rental car coverage. For example, most require a police report and in AZ the police will not come to an accident on private property like a parking lot. So, if you get hit at the mall, Visa won't cover it. Some cards are also only good for secondary coverage, meaning that they will only pay what your collision coverage won't. You have to really read the fine print to see what they will and will not cover.

My GFis almost positive they will not cover this because of the violation of contract - unauthorized driver. Even if he had taken Hertz's coverage, that would have been voided because of the violation as well, so you would still be in this prediciment.

Best advice would be to contact the other guy's insurance company, get a claim number and see if he has filed a claim. If he has and they accept liabilty, you may be able to avoid paying Hertz up front. Then call Hertz with that information. They will not call them upfront because like I said, it is regardless of fault. If you do the legwork for them, they may be willing to work with you. They probably will not charge anything for the breach of contract other than the repair bill.

So a few things learned today:
1.) NEVER let someone drive a rental car unless they are an "authorized" driver... It may cost $15.00 a day, but it's better then $12,000!
2.) Just because you have a Visa or MC does not mean they automatically cover you... They try to get out of paying if they can, and they WILL try to find a way!
3.) ALWAYS get the rental coverage. People think it's a scam to get extra money, but they don't realize that IF they are in an accident they have to pay their(own) insurance deductible within 24HRS. to he rental company or face a LOT of heartaches... Example: You didn't buy the rental coverage, but used your Visa/MC to pay for the rental... You get in an accident the next day, and voila' within 24 HRS. they charge your CC your insurance deductible because they can!

Good luck and let us know what happens.