Legal Question in Civil Litigation in California

Collision damage waiver car rental issue

I rented a car from a car rental agency in san jose california but i didn't read the fine print that restricted me from going out of ca and nevada.I duly purchased collision damage waivewr from this co.but on my way back i met with an accident.this rental co. now tells me that since i went outta state the whole contract is void.I have paid the additional fees for the miles outta state but now they claim that the repair estimate is $18,000 and want me to pay up? Does CDW/PDW become invalid if one crosses state lines.what are my options to fight/dispute this?


Asked on 1/13/04, 7:59 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Collision damage waiver car rental issue

Your message doesn't say what state you were in when you had the accident, which might make a difference. Regardless of where it happened there are viable arguments you can make, but precisely what you can argue will depend upon the language of the contract and the facts of the accident.

You should consult with a lawyer one-on-one, since this web site will not allow you enough space to provide the information needed in order to assess your case.

Also, you may have insurance in place already which will cover you. Some automobile insurance will cover damage to cars rented by the policyholder, and some credit cards automatically provide insurance for rental cars which are charged to the card. If you have homeowner's or renter's insurance, it also might cover you. You may want a lawyer to review your policies to see whether the insurers will come to your aid.

Read more
Answered on 1/13/04, 8:16 pm
Terry A. Nelson Nelson & Lawless

Re: Collision damage waiver car rental issue

Your own car insurance should be brought into this, and you/they should point out that if the rental company is collecting for the out of state miles, they shouldn't deny the coverage you paid for. Get an attorney if your own insurance company won't provide coverage.

Read more
Answered on 1/13/04, 8:59 pm
Larry Rothman Larry Rothman & Associates

Re: Collision damage waiver car rental issue

We can help you in the defense of the matter if you are sued. Please provide us with your documentation and we can provide you with consultation and litigation strategy. 714 363 0220

Read more
Answered on 1/16/04, 4:02 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California