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  #1  
Old 04-20-2005, 05:34 PM
Junior Member
 
Join Date: Apr 2005
Location: Fresno, CA
Posts: 1

Rental Car Accident (LDW vs. Insurance)


What is the name of your state? California

Two years ago I rented a car from Budget Rent a Car here in Fresno, CA.
While renting, the associate asked me for my proof of insurance. I told her that I did in fact have insurance but it was in my car at home and I had been dropped off. She said if I didn’t have the proof with me, that in order to rent a car I would need to purchase a Loss Damage Waiver (LDW). I said sure and went ahead with the rental and put it on my Visa card.

The next day I got into a car accident in Hayward, CA. I rear ended a Range Rover, 100% my fault. (Range Rover = dented bumper, Hyundai Rental = Totaled front end) I traded info with the other driver. She asked for my insurance info and I told her I was insured through Budget and gave her their info.

I called Budget and they took care of the tow truck and towed the car to the Oakland Airport Budget Location. I tried to get a car from there to get back to Fresno, but they said that wasn’t possible. Apparently, the Fresno Budget is a franchise and corporate offices don’t do one way rentals to franchise locations. So I made some phone calls and found some friends in the area that got me back to Fresno.

The Budget office in Fresno refunded me my rental fee and LDW for the days that I did not have a car, and they said they would take care of everything else.

A few days later I received a letter from the other driver’s insurance company to collect ~$400 for the damage to her bumper. I wrote them back a letter saying that I purchased insurance through Budget and that they should contact them. Budget’s attorney wrote me a letter saying that a LDW was not insurance and that it only covered damage to the rental vehicle, not other vehicles.

I did not pay the other vehicles insurance company because I believed that I purchased insurance and that Budget should cover it. I also did not get my insurance company involved. At the time I did have coverage under my parent’s policy and now I am under my own policy with a different provider.

Recently, I received a letter from a collection agency asking for ~$8,000 in reference to the same accident.

Do I have any options here?

- Can my Visa card insurance help any? (I’m sure it is too late to file a claim with them and I think I am supposed to decline any other insurance for their coverage to go into effect.)

- Is there a way that I can just pay the original ~$400?

- Should I get my insurance company involved? If so, my current provider or my previous provider?

- Can rental car companies rent to uninsured motorists? I am insured but at the time had no proof. Should they have sold me some type of insurance?


Any help would be appreciated.

Thank You,

-Tony

Last edited by fresnotony; 04-20-2005 at 05:35 PM. Reason: Repeated Sentence
  #2  
Old 04-20-2005, 10:42 PM
Senior Member
 
Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 3,079
California is different than most states in regards to insurance coverage...

In CA, the individual's insurance is the PRIMARY coverage, and the rental car company is the SECONDARY coverage. In other words, if you get in an accident, your insurance will kick in first and cover up to the limit. If the amount of the fees go OVER the limit of the insurance you carry, the rental company kicks in and covers the remaining, or whatever they have as their limit...

the LDW you bought covers your deductible and misc. other fees associated with the accident(towing as you stated) as well as Loss of Use of the vehicle for the days the company COULD NOT rent the car because it was in the shop, and YES they do charge for that, and it IS legal..
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  #3  
Old 04-21-2005, 10:52 AM
Member
 
Join Date: Feb 2005
Posts: 791
Also, I think the OP is a bit consfused as to what LDW is. See [url=http://www.bestplaceshawaii.com/tips/hints/rental_car.html]this page[/url].

LDW covers damage to the rented car ONLY.

ALI would have covered the damage to the other car.
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