Should I have to pay for my own car rental insurance after someone hit my car?

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Should I have to pay for my own car rental insurance after someone hit my car?

Someone backed int my car when it was parked. Their insurance is paying for reapirs and for the rental car i’ve been driving for amonth now but because I had the bare minimum insurance on my car, the rental company says I have to pay for their additional insurance each day which is about $10/day – by the time my car is fixed, I might owe them over $300 – this does not seem fair since I didn’t do anything wrong. I wasn’t even in my car when it was hit. Is there any way I can make the driver who hit me pay or make their insurance company cover this cost? I’m a student this is a lot of $ for me

Asked on May 26, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What rental car companies sometimes call "car rental insurance" is really a collision damage waiver that fills in between your own insurance and the amount of damages you cause to their vehicle. It is my understanding in CA that if you have your own collision coverage with an auto insurance company or you are covered under your credit card's benefits (such as American Express or Visa), then you do not need to purchase the Collision Damage Waiver.  For some people it is a good idea to do so, though.  Here's why.  Check your policy.  If you have a deductible, then you would be responsible for that if you have an accident and do damage to the rental car.  Further, many insurance companies don't cover such things as loss of use of the vehicle, or diminished value of the vehicle, or other charges the rental car companies stick you with.  So it's a calculated risk you take.  If your insurance doesn't cover it, you can either choose to not take the collision damage waiver, or try to get the other party's insurer to cover it.  As far as I know, the rental car company cannot require you to buy it, though.

 

 


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