Am I liable for loss of use charges and administrative fees for a damage to a rental car if I opted for my own insurance coverage?

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Am I liable for loss of use charges and administrative fees for a damage to a rental car if I opted for my own insurance coverage?

I rented a car 4 months ago. The weather the next day involved heavy rain and I hydroplaned on the highway, damaging the car severely. I opted for my own car insurance coverage during the rental process. My company has paid for the damages, less my deductible, and considers the claim closed. The car rental company is trying to collect “loss of use” charges for the time the car was unable to be rented out, as well as some sort of administrative fee, as they had to process their own claim. I signed to this in the rental agreement, apparently. Is this legal in WV? Do they need to prove it?

Asked on June 16, 2011 under Accident Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The best way to determine if the agreement in valid in West Virginia is to take the agreement to an attorney there to read and review.  The basics of contract law assume that if you signed the agreement then you read the agreement and you approved of the terms and conditions. Therefore, you would be bound by the agreement.  This rule is not always hard and fast but it is the one that the courts will start from, meaning that if there was some reasons that the contract was against public policy or could be seen as void it is up to you to present the information to the courts.  Get help. Good luck.


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