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We needed a really good lawyer and after doing our research we decided to contact Blue Ocean Law Group. James runs a very efficient service and has extensive knowledge of Defamation Law. Nothing was a problem. James would follow up with me regarding issues that had arisen. He dealt with each issue in a professional and ethical manner. James would explain every detail on the phone and the process could not have been easier!
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Our innovative^ Rental Car Insurance ➲ Legal Wizard includes Embedded Lawyer-Logic that is designed to help you make "on-the-spot" fully-informed decisions about insurance coverage when you book +/or rent a car primarily for use in the United States, Australia or New Zealand (as well as other countries where the insurance options are similar).
This Legal Wizard was last updated on 1 May 2024.
We invite insurance industry experts and lawyers from other legal jurisdictions to collaborate with us so that we can aim for a global solution.
Example: Hertz Limited Time Rental Offer for ABA Members.
If you have ever rented a car in the United States, you will have experienced this conundrum.
Consumers are routinely presented with the option to take up expensive Rental Car Insurance coverage, both at the time they book the rental car and again when they pick up their rental car.
As the profit margins for providing Rental Car Insurance are extremely high for the Rental Car Providers there is often considerable sales pressure applied both at the time of booking and by the Rental Car Provider's staff when these offers are made to the consumer.
As private auto insurance policies in the US routinely extend to cover the driver no matter which car they are driving (which includes Rental Cars) and nearly everyone in the US owns a car and has private auto insurance, it can be very difficult for the consumer to understand what insurance coverage they already have and whether or not they are already covered, or whether additional insurance coverage is needed?
They might also be unaware of the potential for insurance coverage to automatically apply if they deny the standard insurance offered by the Rental Car Provider and book and pay for the rental car using a specific payment method that includes Rental Car Insurance such as a credit or debit card.
The required analysis gets very complicated very quickly.
This tends to lead most consumers to decide "in the spur of the moment", in an abundance of caution, to opt to take up the Rental Company Insurance which is always expensive (especially for longer rentals) and may not actually be needed.
If you are not concerned about the cost & cannot tolerate any level of risk, then in line with U.S. Expert Travel Industry Advice (refer FAQ) we recommend you take up expensive Rental Car Insurance coverage every time you rent a car, regardless of what other insurance coverage you already have in place or can access as an alternative.
Taking up overpriced Rental Company Insurance is the only way to achieve a "drop your keys and forget it!" experience.
If a collision occurs, and you are unable or unwilling to pay the rental car company up-front to cover ALL Damages, both Direct and "Associated Losses" (refer FAQ for what is generally included) and be out-of-pocket whilst you claim reimbursement from your insurance provider.
Then, in line with U.S. Expert Travel Industry Advice (refer FAQ) we recommend you find a credit card that offers sufficient primary coverage (not all do), alternative insurance that matches your risk profile, or take up expensive Rental Car Insurance coverage every time you rent a car.
When considering this choice, it MUST also be noted that there is NO GUARANTEE that your alternative insurance coverage will reimburse 100% of the "Associated Losses".
Additionally, even if 100% of "Associated Losses" are theoretically claimable, whether reimbursement of specific items of loss is possible, may depend upon cooperation from the rental car company, which can be both difficult to obtain or enforce.
Does the Rental Car Insurance exclude the side mirrors, undercarriage, roof, tyres/wheels, windshield, windows, headlights and interior?
Does the Rental Car Insurance only cover collisions or is Theft, Fire Damage, Flood, Vandalism, etc. covered as well?
Most Rental Car Insurance policies will include a coverage limit, and this might not be enough to cover ALL of the damages, especially if you are renting a luxury vehicle.
Additionally, it would help if you considered whether the insurance operates as primary or secondary coverage.
Primary coverage means the policy is the first to pay the costs for damage or loss, so you can rely on the coverage such that there is no need to rely on using your private car insurance (which would result in increasing your annual car insurance premiums, and void any "no claim" bonuses you might otherwise qualify for ...
If applicable, you will be directed to contact our legal team to assist you with your decision.
You may already have (or have access to) existing Rental Car Insurance coverage that meets your needs by providing sufficient coverage for your risk profile.
Please refer to our FAQ to start considering possible alternatives.
In Australia the above conundrum is mostly avoided as Rental Car Providers are required by law to include the cost of Third Party Liability Insurance and Rental Car Insurance (that is, a Loss Damage Waiver incl. both Collision Damage Waiver & Theft Protection cover) in their daily car rental rate and private car auto insurance generally covers the private vehicle (not the driver) so it does not typically extend to cover rental cars.
The same bundled Rental Car Insurance requirement applies in most other countries (except in the United States, as noted above).
For example, in New Zealand, Car Rental Providers also have a legal requirement to offer basic Rental Car insurance (for collisions and theft) as part of their base rental fees.
In all countries globally, in the event of a claim, all standard Rental Car Insurance policies generally include a requirement that you contribute a fixed minimum amount (known as a Deductible/Excess/Franchise which are different interchangeable terms used in the USA, Australia and France respectively).
This doesn't mean that the booking and rental process outside of the US is stress-free as the deductible/excess is nearly always materially high and you are presented with the opportunity to choose:
⚖️ Whether to opt to take up the Rental Car Provider's increased daily premiums to reduce or eliminate the normally materially high deductible/excess; or
⚖️ Take a commercially acceptable risk by declining one or both of the Rental Car Provider's excess reduction or elimination options, instead deciding to pay the full or reduced excess, or rely on an alternative source of excess insurance coverage.
Alternatively, you can also consider:
✅ Paying with a credit card that includes excess coverage (If you have an Australian Credit Card ➲ Please refer to out FAQ);
✅ Securing a cheaper third-party excess cover such as one of the following:
Allianz;
www.car-hire-international.com^ or Uber Rentals^
^ Both are powered by CarTrawler (Underwritten by AXA Partners in 30 countries).
etc.; or
✅ Third-party collision coverage policies generally also offer reduced or zero excess coverage at a cheaper rate than the Rental Car Providers charge.
The booking process with the CarTrawler Reservation system will automatically offer you the option to purchase car rental excess insurance at a competitive price.
The excess insurance offered by CarTrawler is a better deal than purchasing from any individual car rental company at their desk when collection your rental car.
Specifically what is and what is not covered by the Rental Car Insurance and whether you want to take up additional insurance coverage (for roadside assistance, personal effects, personal medical, etc.)?
Extended Coverage, also known as "Super" Cover, gives you all the benefits of the zero deductible/excess but extends the coverage to parts of the car not normally covered by standard zero deductible / excess insurance, such as the tyres/wheels, roof, and windshield.
Note: Exclusions such as side mirrors, undercarriage, windows, and interior may still apply.
If you are a frequent rental car user, you, your business or your charity may decide to use this Legal Wizard (and potentially seek our legal advice) to make a fully informed decision as part of setting a Personal or Organisational Policy regarding your ongoing Rental Car Insurance coverage preferences.
When the cost of frequently taking up expensive Rental Car Insurance coverage is accumulated over time, adopting a cost-effective alternative with a commercially acceptable level of risk offers potentially substantial cost-savings.
Regular personal or organizational Rental Car Insurance Policy reviews are recommended (at least every 6 months) as Rental Car Insurance Policies as well as pricing and overall market conditions are subject to change at any time.
Car-sharing is an emerging high-growth alternative to hiring a Rental Car.
It appears that a similar, but potentially less complex insurance coverage needs analysis applies if you book a car-share vehicle instead of a rental car, as it is assumed that fewer insurance coverage options currently need to be considered.
At a later date, we may decide to build a Legal Wizard to assist with your Car-Sharing Insurance coverage needs analysis.
In the meantime, please contact our legal team to assist if you are booking a Car-Sharing vehicle.
Regardless of whether or not you decide to take up Rental Car Insurance, it is important to consider General Liability Protection, specifically, what amount you are covered for based on all relevant insurance policies.
Please refer to our FAQ for more information to help you make this determination.
At a later date, if there is sufficient demand, we may decide to build a dedicated General Liability Protection ➲ Legal Wizard.
⚖️ If you are renting a car whilst travelling overseas, whether you also need Travel Insurance & which inclusions are needed.
Some car Rental Car Companies might ask for an International Driving Permit (IDP) as a part of their standard policy, even if having it is not necessary for that country.
Please refer to our FAQ for more information to help you make this determination.
At a later date, if there is sufficient demand, we may decide to build a dedicated International Driving Permit ➲ Legal Wizard.
Canstar Research reviewed Australian Credit Cards listed on their database, and found that a number of companies that do offer complimentary rental car excess cover with their cards.
If you have an Australian Credit Card, please read our FAQ for a summary of the findings.
For further reading + to access our curated links + resources surf our Rental Car Insurance ➲ Smart List and add its RSS Feed.
This Rental Car Insurance ➲ Legal Wizard has been designed and developed with care by James D. Ford | ⚖️ Principal Solicitor of Blue Ocean Law Group.
Social Media Cover Image: Courtesy of Sonnie Hiles on Unsplash
* Under Development:
This Legal Wizard has been published online before the back-end has been designed & built.
Due to the number and complexity of potentially relevant insurance policies, the plan is to develop the back-end with a sample insurance policy (for each category type) so that we can show a working proof-of-concept as soon as possible.
Then we will progressively add other relevant insurance policies (by country: starting with Australia, New Zealand & the USA focusing specifically on California).
We invite your valuable feedback as well as your requests for features.
Please check back regularly for updates as we continue to iterate and improve.
This Legal Wizard was last updated on 1 May 2024.
^ Inspired by the CodeX Insurance Analyst (CIA) developed by CodeX Computable Contracts Research Developer Preston Carlson.
© 2024. Blue Ocean Law Group℠.
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To better understand consumer experiences with Rental Car Insurance, we have searched for expert US travel industry advice to provide some context.
This blog article by industry expert Ed Perkins titled "The Truth about Rental Car Insurance You Need to Know" is dated 20 September 2023 and appears "on point".
"Consumer advocate Ed Perkins, the founding editor of the Consumer Reports Travel Letter, has been writing about travel for more than three decades."
The introduction to the blog article is extracted below:
"No matter how often I cover the problems that come with collision damage under car rental insurance, consumers continue to share their frustrations.
A reader recently emailed me:
'I'm interested in finding a complete bumper-to-bumper, 'drop off the keys at the counter' car rental coverage when I travel. I recently thought I had complete coverage though a credit card, but when my car suffered a small dent, the car rental company flat-out refused to document that it actually lost income from having the car rental in the shop (which took three weeks to repair a small dent). I was left with responsibility.'
This experience is uncommon, but not unique.
Car rental companies desperately want you to buy their collision damage waiver, or CDW (sometimes also known as loss damage waiver, or LDW), and will go to great lengths to make you pay for even the smallest damages if you don't.
Here's what you need to know before you shell out for car rental insurance on your next vacation ..."
The detailed "What you need to know" part of the article includes the following headings:
The 1-way to drop your keys and forget it!
CDW Insurance is ridiculously overpriced
You'll pay up-front for all damage
Damage is more than fixing a dent
You need General Liability Protection
Alternatives to Rental Company Collision Damage Waivers
1️⃣ Pay with your Existing Car Insurance;
2️⃣ Use Credit Card Benefits;
3️⃣ Third-Party Car Rental Insurance;
The Uncertainty Principle
"The takeaway from all this: No alternative source of collision damage coverage-your auto insurance, your credit card, or a third party-completely isolates you from risk. Lots of travelers successfully rely on lower-cost alternatives to CDW without encountering any problems, sure.
Occasionally, however, your own insurance, credit card, or third-party policy may not cover an unusual charge a rental company might impose.
If you're unwilling to accept any risk at all, you might want to buy that overpriced CDW. For most travelers and circumstances, credit card or third-party coverage is sufficient, and primary coverage is a lot better than secondary."
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Canstar Research reviewed Australian Credit Cards listed on our database, and found that there are a number of companies that do offer complimentary rental car excess cover with their cards.
Bear in mind that some of these providers offer complimentary rental vehicle excess cover for overseas travel only.
It’s also important to remember that there are eligibility criteria that have to be met for this cover to kick in, which could include things such as charging all or part of travel costs to the card.
Before committing to any particular credit card, check upfront with your provider and read the Target Market Determination (TMD), Key Facts Sheet and other important policy documents so you understand details about any relevant car excess cover.
Source: www.canstar.com.au – 23/11/2023.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Some car Rental Car Companies might ask for an International Driving Permit (IDP) as a part of their standard policy, even if having it is not necessary for that country.
Other countries, such as Botswana or Saudi Arabia, require an IDP when hiring a rental car.
Always double-check with your car rental company’s terms and conditions before you rent a car to avoid unpleasant surprises during your trip.
You can only obtain an International Driving Permit in the country where your driver’s license was issued.
That’s why it’s crucial to get the permits before you leave for your trip, otherwise it may become impossible to rent a car (or drive at all) overseas.
Please refer to our FAQ for more information to help you make this determination.
At a later date, if there is sufficient demand, we may decide to build a dedicated International Driving Permit ➲ Legal Wizard.
An International Driving Permit (IDP), often referred to as an international driving license, is a translation of a domestic driving license that allows the holder to drive a private motor vehicle in any country or jurisdiction that recognises the document.
International Driving Permits are governed by three international conventions: the 1926 Paris International Convention relative to Motor Traffic, the 1949 Geneva Convention on Road Traffic, and the 1968 Vienna Convention on Road Traffic. When a state is contracted to more than one convention, the newest one terminates and replaces previous ones.
IDPs are issued by a national government directly, or through a network of AIT/FIA organizations or by any association duly empowered thereto by such other Contracting Party.[1]
For the latter case those issuing organizations are mostly automobile associations,[2] such as American Automobile Association[3] in the United States, Norwegian Automobile Federation[4] in Norway and Riksförbundet M Sverige[5] in Sweden. As there are many unofficial sellers on the internet, the AIT/FIA has created an approved directory to all IDP issuing organizations in the world.[6]
To be valid, the IDP must be accompanied by a valid Driver's license issued in the applicant's country of residence.
An IDP is not required if the driver's domestic licence meets the requirements of the 1949 or 1968 convention; the domestic licence can be used directly in a foreign jurisdiction that is a party to that convention.[7]
In addition, other arrangements eliminates the need of an IDP in some countries, such as the European driving licence valid within the European Economic Area (EEA) as well as member states of the Association of Southeast Asian Nations (ASEAN) with each other.[8]
A major tourist destination that doesn’t recognize the International Driving Permit is the People’s Republic of China. In order to drive in China, foreign tourists need to obtain a Chinese driving license. Contact your local Chinese embassy for details.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Regardless of whether or not you decide to take up Rental Car Insurance, it is important to consider General Liability Protection, specifically, what amount you are covered for based on all relevant insurance policies.
General Liability Protection insurance typically covers damages to other people's property (e.g. their cars) as well as medical costs for other people’s injuries in an accident you're legally responsible for.
In the U.S., every state requires a minimum amount of liability insurance on car insurance policies, so you may already have liability coverage through your personal auto insurance.
Making a fully-informed decision regarding your General Liability Protection insurance coverage:
⚖️ You need to decide whether or not separate General Liability Protection insurance coverage is required to obtain or increase your general liability coverage (if any, especially if it is only the statutory minimum) or whether using a Supplementary Liability Insurance policy is needed to match your risk profile.
Tip: If you run a business or charity or are a high net-worth individual, an "Umbrella" insurance policy providing General Liability Protection for at least $1 Million is always recommended.
Note: As General Liability Protection can be found in a wide range of insurance policies, you should always conduct your independent review of ALL of your existing insurance policies, especially the insurance coverage already provided by your "umbrella" (if any) or general business or charity insurance, as well as your household and/or homeowner/tenant insurance policies.
Given the extensive number of potential sources of General Liability Protection, we have decided to direct you to discuss your General Liability Protection insurance coverage needs with your insurance broker.
At a later date, if there is sufficient demand, we may decide to build a dedicated General Liability Protection ➲ Legal Wizard.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
ALL Damages in the United States are more than just the cost of repairs to the rental car and generally include "Associated Losses" such as the following:
⚖️ "Loss of earnings" means the lost opportunity to rent the car at the full daily rental rate whilst it is out of service being fixed, even if the Rental Car Provider has lots of other cars available for rent.
⚖️ Towing charges if you are unable to drive the car back to the rental returns area, plus a surcharge if the damaged rental car needs to be towed to somewhere other than where it was due to be returned, that is, a different rental car returns location.
⚖️ "Diminished value" or the potential loss of the car's resale value (because of your damage) when the Rental Car Provider disposes of it, usually within 2 years.
⚖️ Claim Administrative expenses associated with the claims process.
Regardless of what other insurance coverage you already have or can access as an alternative, in the United States, taking up a ridiculously overpriced Rental Car Insurance is the only way to achieve "no up-front payments" whilst at the same time avoiding the risk of not being fully reimbursed.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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