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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.