Legal Question in Personal Injury in California

Can rental car companies legally charge for loss of use in California?

California Civil Code 1936 section b)-d) seems to indicate otherwise. It seems the renter would only be liable to repairing physical damage.


Asked on 6/26/11, 9:52 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

That Code section directly states the rental company can recover for loss of use.

5)"Damage waiver" means a rental company's agreement not to hold a renter liable for all or any portion of any damage or loss related to the rented vehicle, any loss of use of the rented vehicle, or any storage, impound, towing, or administrative charges.

If the rental company can agree not to charge for a type of damage, that means that it otherwise could charge for that type of damage.

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Answered on 6/26/11, 11:54 pm


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