What to do if the other party was completely at fault but their insurer won’t cover the collision damage waiver as part of my damages and the rental agency wants me to pay it?

I do not carry full coverage on my policy, so when I rented a car I had to choose the collision damage waiver for an additional fee. Wouldn’t all of my out of pocket expenses be considered part of my damages? After all, I wouldn’t have had to rent a car if someone else hadn’t disabled my vehicle.

Asked on November 7, 2012 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, this additional cost is not considered something the insurer would have to cover, because you *could* choose to drive without it--it would be unwise to, perhaps, but you could rent and drive without it (collision is not a required insurance). The insurer does not need to cover additional costs that you choose to incur because you deem them advantagous to yourself.


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