Legal Question in Credit and Debt Law in California
Credit card insurance coverage on rental cars
I rented a car from Hertz used my Discover card which provides insurance on vehilce I turned it in rented a truck they didn't say anything about the credit card insurance don't cover trucks! I had a blow out and did some damage to truck I was then told the card wouldn't cover truck . Hertz put the damage change on my discover card without permission I didn't sign and on the invoice of damage they replaced windsheild ''nothing wrong with it''and alot of misc parts. I was told by another rental company that it was illegal for them to to that if so how to I address this matter I think this company is scaming people I did a history on truck 'already in 5 accidents and on invoice no vehicle id number listed just plate number!
2 Answers from Attorneys
Re: Credit card insurance coverage on rental cars
You need to go to the Discover website and look up the exact language of the insurance and find out exactly what it does and does not cover. There are consumer protection laws that apply to rental vehicles, I don't know whether the law applies to trucks, commercial or otherwise, and I don't know whether it was legal to automatically charge your credit card -- my best guess is probably not. I would consult the Civil Code at www.leginfo.ca.gov, search on "rental" and look it up yourself. It's not clear to me why you feel you are being "scammed on" since you did have an accident in their truck. Maybe you are trying to say the truck was defective or had bald tires or loose lug nuts, those are facts that might help you. You can take the matter to small claims court for up to $5000 if you think you are in the right. It would not surprise me to learn that Hertz overcharged you for the repairs. There are books on small claims court in your local library; you might even be able to force Hertz to disclose the repair history of the vehicle if you are claiming it had a defect that caused the accident. Hertz' tactic in automatically charging your card might also have violated the Fair Debt Collection Practices Act, entitling you to up to $1,000 in damages. Unfortunately, you are the one who is going to have to google for all of this.
Re: Credit card insurance coverage on rental cars
You may have a case under the Fair Debt Collection Act (both Federal and California). I would need to review your documentation. We handle cases throughout California. Please contact our office for consultation and review of your documentation at 714 363 0220.