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#41
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OT - When does a rental car become a stolen vehicle?
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#42
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OT - When does a rental car become a stolen vehicle?
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#43
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OT - When does a rental car become a stolen vehicle?
On Fri, 20 Jul 2012 11:00:34 -0700 (PDT), DerbyDad03
wrote: I'm going to be renting a car for a family vacation. I am trying to find the cheapest way to add my wife and 2 sons as operators and ensure that our private insurance will cover any accidents regardless of who is driving. In order to add 3 Additional Authorized Operators (AAO), the rental company wants an extra $24/day for the 10 day trip, and that's with a considerable discount. I asked my insurance company what would would happen if I didn't add them to the contract and one of them was involved in an accident. The answer was: "Well that is a hypothetical situation that I can not answer directly. All I can say is that from a policy perspective they would be covered, but from a legal perspective they might not be." That was the best that I could get out of her since it was a "hypothetical situation". So I called the rental agency and ran it by them. The rental agent was a bit more forthcoming. "Your auto insurance policy coverage extends to any operator that you authorize to operate a covered vehicle and your coverage also extends to rental vehicles. Therefore, if you authorize someone to operate the rental vehicle, they would be covered by your insurance. However, in a worst case scenario, if an operator who is not listed as an AAO with the rental agency has an accident, the rental agency has the option to consider the contract null and void, which essentially turns the vehicle into a stolen car. Since it would no longer be a rental vehicle, but technically a vehicle involved in a crime, it might not be covered by your policy." He did mention that something like that has not happened, to his knowledge, in a long, long time, but in a worst case scenario, it could. He added that, hypothetically, it was up to me if I wanted to take that chance. Find a different car rental and ask the same question. I never heard of this in the past tho I haven't rented a car lately. I think you are allowed to authorize a person to drive the car even if they aren't listed as a main driver. Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. |
#44
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 12:11*am, "Doug" wrote:
Find a different car rental and ask the same question. There's no real point in that. My corporate discount is with the rental agency I'm dealing with and is by far the best deal available to me. Any cost associated with additional drivers wouldn't make me change companies because the overall discount is substantial. I never heard of this in the past tho I haven't rented a car lately. *I think you are allowed to authorize a person to drive the car even if they aren't listed as a main driver. I don't know what you mean by "a main driver". If you mean the person who signed the rental contract, then that will be me. If I want other people to operate the vehicle, I have to bring those people to the rental agency, where they will have to show a valid driver's license and credit card. They will then be known as Additional Authorized Operators by this company. Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. If they are not listed on the contract, they are not authorized to drive the car even if I, as the person who signed the contract, say that they are. |
#45
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OT - When does a rental car become a stolen vehicle?
On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03
wrote: On Jul 21, 12:11*am, "Doug" wrote: Find a different car rental and ask the same question. There's no real point in that. My corporate discount is with the rental agency I'm dealing with and is by far the best deal available to me. Any cost associated with additional drivers wouldn't make me change companies because the overall discount is substantial. I never heard of this in the past tho I haven't rented a car lately. *I think you are allowed to authorize a person to drive the car even if they aren't listed as a main driver. I don't know what you mean by "a main driver". If you mean the person who signed the rental contract, then that will be me. If I want other people to operate the vehicle, I have to bring those people to the rental agency, where they will have to show a valid driver's license and credit card. They will then be known as Additional Authorized Operators by this company. Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up. |
#46
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 11:25*pm, DerbyDad03 wrote:
On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. *Perhaps he can tell us more. Keep in mind who you are responding to. *That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. Good enough for me. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money.. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. And we had one example so far of what potentially could happen. That being an unauthorized driver could be stopped by the cops during a traffic stop or accident and unable to show a rental agreement with their name on it, they might wind up having the car impounded, detained, etc. Other than that, as I can't see any other material legal risk that you would be at. Also, consider that the contract the rental company uses is the same whether you take out optional insurance with them or not. Now,if you did take out THEIR insurance and then allowed an unauthorized person to drive the car, then I think we can all see the clear legal risk, in that the rental company then would have a good and valid reason to say the insurance did not cover them. |
#47
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 11:51*pm, "HeyBub" wrote:
wrote: Your lawyer: "Isn't it the case that you're raising this business about the car now being stolen in a futile attempt to weasel out of a monetary loss?" What monetary loss? *The $25 extra for the additional driver? * I agree with what you're saying though. *I don't see the whole stolen car nonsense going anywhere. The suit filed against the car company by the relatives of the 13 illegal Mexicans who died when the station wagon they were in exploded after being tapped by the rental car driver. Then there is the mental anguish suffered by five people who witnessed the accident as they were standing on the curb waiting for the light to change. They saw legs and entrails and bones and hair and livers and sinews and other stuff flying through the air. They have not yet brought suit, or even contacted a lawyer, inasmuch as they have been under heavy sedation for the last four months. Plus repairing the scratch on the left rear fender of the station wagon. That particular part of the car was found about thirty feet from the explosion, on the window ledge of a second floor apartment. Fortunately, the apartment owner's cat, who was sunning himself at the time just inside the window, suffered no physical injury, but has severe psychological problems from the event. The cat, regrettably, and unlike the five bystanders, can probably not expect any monetary relief no matter whom is eventually found culpable. Everything you listed can happen with or without the extra driver being listed on the rental contract. And whether the driver was listed or not, unless the renter took out insurance with the rental car company their position is going to be the same. You or someone you let drive the car wrecked it and killed the other people. You, the renter are responsible to us for the cost of the car and we the rental company are not responsible for the damages to the other parties. So, again, I don't see any monetary loss to the rental company that is different because the renter did not add the additional driver. |
#48
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 6:21*am, "Doug" wrote:
On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03 wrote: On Jul 21, 12:11*am, "Doug" wrote: Find a different car rental and ask the same question. There's no real point in that. My corporate discount is with the rental agency I'm dealing with and is by far the best deal available to me. Any cost associated with additional drivers wouldn't make me change companies because the overall discount is substantial. I never heard of this in the past tho I haven't rented a car lately. *I think you are allowed to authorize a person to drive the car even if they aren't listed as a main driver. I don't know what you mean by "a main driver". If you mean the person who signed the rental contract, then that will be me. If I want other people to operate the vehicle, I have to bring those people to the rental agency, where they will have to show a valid driver's license and credit card. They will then be known as Additional Authorized Operators by this company. Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. *I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up.- Hide quoted text - - Show quoted text - And I think you obviously have not rented many cars. Every rental company I have used requires that additional drivers be listed and they charge a daily fee. The majors, eg Hertz, Avis, Enterprise all do it. So, instead of Derby, maybe you should go talk to some rental companies. And I understand Derby's point about his corporate discount not making it worthwhile to go find another company. I don't think he could find a rental company on this green earth that says they don't care if additional drivers are listed or not. And even if they did, the chance that they are going to have a deal that is better than just taking the corp rate with the rental company he has and paying the few extra bucks to add the drivers is slim. For years I rented cars with a Fortune 100 company that used Hertz. The rate which was also available when I rented a car for myself, was so good that it wasn't worth the time and trouble to screw around finding the special deal of the day to maybe save a few bucks. Plus with Hertz, I was a gold customer. The car was waiting with keys in it. I did not even have to go into the office. Just find my name on an electronic board and get the stall number the car was sitting in just a few feet away. After getting off a 6 hour plane ride, that is a very big benefit to me..... As is the rental company being right at the airport most of the time, not a bus ride 2 miles away. They also had other innovations that other companies did not, at least back then. Like being able to pay for a tank of gas when picking up the car and then bringing it back near empty. They charged a fair price for the gas if you bought it that way, about the same as the local street price. So, if I expected to use nearly a tank or more, I always took out that option. Again, a nice convenience not having to worry about filling up a rental car when returning to the airport. |
#49
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OT - When does a rental car become a stolen vehicle?
"Doug" wrote:
On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03 Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. The point is that you can't just let anyone drive the rental just by handing them the keys and expect the rental agency not to care. They want to know who will be operating the vehicle that they own. If it was your car wouldn't you want to know who was driving it? Obviously if the renter was incapacitated they would probably give you some leeway, even with an unlicensed driver, but it would be their choice. It still wouldn't make it legal from a contract perspective. I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up. No, what I have is the best rate and mileage available to me so there is no need for me to call anyone else. If i want that rate along with the unlimited miles, i have to play by their rules. Besides, as others have said, I doubt I can find a rental agency that wouldn't require me to list additional drivers. In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. |
#50
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OT - When does a rental car become a stolen vehicle?
On Fri, 20 Jul 2012 20:25:20 -0700 (PDT), DerbyDad03
wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17Â*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. Perhaps he can tell us more. Keep in mind who you are responding to. That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. You need to LIST the drivers. You do not need to insure them. You do NOT want ANY of their insurance, or your "non-ownwd vehicle" insurance does NOT cover you. You need to REFUSE their extended coverage. In most cases, at least "up here" there is no extra charge for an additional listed driver over 25 if you are not buying insurance. Not sure about under 25, as I have not been in tha position for quite a few years - kids both grown up. |
#51
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OT - When does a rental car become a stolen vehicle?
On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03
wrote: On Jul 21, 12:11Â*am, "Doug" wrote: Find a different car rental and ask the same question. There's no real point in that. My corporate discount is with the rental agency I'm dealing with and is by far the best deal available to me. Any cost associated with additional drivers wouldn't make me change companies because the overall discount is substantial. I never heard of this in the past tho I haven't rented a car lately. Â*I think you are allowed to authorize a person to drive the car even if they aren't listed as a main driver. I don't know what you mean by "a main driver". If you mean the person who signed the rental contract, then that will be me. If I want other people to operate the vehicle, I have to bring those people to the rental agency, where they will have to show a valid driver's license and credit card. They will then be known as Additional Authorized Operators by this company. Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. If they are not listed on the contract, they are not authorized to drive the car even if I, as the person who signed the contract, say that they are. My last 2 rentals were in europe, and there was no extra charge for additional adult drivers, who just needed to be named at the time of vehicle pickup. MY insurance was the only policy in effect on the one and no deductible total coverage was included on the other - along with no mileage limit - but the island was not very big! (Tennerife) |
#52
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OT - When does a rental car become a stolen vehicle?
On Sat, 21 Jul 2012 12:38:43 +0000 (UTC), DerbyDad03
wrote: "Doug" wrote: On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03 Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. The point is that you can't just let anyone drive the rental just by handing them the keys and expect the rental agency not to care. They want to know who will be operating the vehicle that they own. If it was your car wouldn't you want to know who was driving it? Obviously if the renter was incapacitated they would probably give you some leeway, even with an unlicensed driver, but it would be their choice. It still wouldn't make it legal from a contract perspective. I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up. No, what I have is the best rate and mileage available to me so there is no need for me to call anyone else. If i want that rate along with the unlimited miles, i have to play by their rules. Besides, as others have said, I doubt I can find a rental agency that wouldn't require me to list additional drivers. In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. Or they didn't know so they wouldn't say??? Seems to me you're asking for legal advice and should seek a lawyer if it really worries you that much or just do as the car rental said authorize in writing the other drivers and that ends your worries. Also just a heads up but if you ask your insurance agent a question and they don't know, ask them to ask their underwriters. |
#53
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OT - When does a rental car become a stolen vehicle?
wrote:
If you have "non owned vehicle coverage" from your insurer, you don't need to buy insurance from the rental company - We know that. and if your coverage covers all of your drivers as named insured on YOUR vehicles, they are all covered on the "non owned" as well. That's part of the issue. My sons are not named on my policy. Good luck to the insurance company claiming it is a "stolen vehicle" unless it is not returned at the end of the rental agreement - whether in 1 piece or 10. It would not be the Ins Co claiming it was "stolen", it would be the rental agency. At that point the Ins Co *could* say "The operator at the time is not our customer and he was not authorized by the rental company to operate the vehicle that our customer contracted, therefore we are not going to cover the incident. In Ontario anyway. No idea how those things work in Yankee-Land |
#54
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 10:19*am, "Doug" wrote:
On Sat, 21 Jul 2012 12:38:43 +0000 (UTC), DerbyDad03 wrote: "Doug" wrote: On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03 Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. The point is that you can't just let anyone drive the rental just by handing them the keys and expect the rental agency not to care. They want to know who will be operating the vehicle that they own. If it was your car wouldn't you want to know who was driving it? Obviously if the renter was incapacitated they would probably give you some leeway, even with an unlicensed driver, but it would be their choice. It still wouldn't make it legal from a contract perspective. I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up. No, what I have is the best rate and mileage available to me so there is no need for me to call anyone else. If i want that rate along with the unlimited miles, i have to play by their rules. Besides, as others have said, I doubt I can find a rental agency that wouldn't require me to list additional drivers. In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. Or they didn't know so they wouldn't say??? * Seems to me you're asking for legal advice and should seek a lawyer if it really worries you that much or just do as the car rental said authorize in writing the other drivers and that ends your worries. Also just a heads up but if you ask your insurance agent a question and they don't know, ask them to ask their underwriters. *- Hide quoted text - - Show quoted text - This from the guy who obviously has little experience renting cars. |
#55
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 9:47*am, wrote:
On Fri, 20 Jul 2012 20:25:20 -0700 (PDT), DerbyDad03 wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. *Perhaps he can tell us more. Keep in mind who you are responding to. *That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. * You need to LIST the drivers. Besides saying he "needs" to, why exactly would that be? So far we have his own insurance company saying he would be covered under the policy whether the drive is listed or not. And the only scenario anyone has come up with where I can see a material difference is if an unlisted driver is driving the rental car and gets pulled over by the police. With his name not on the contract, it MIGHT result in the car being impounded, the driver detained. But even that seems unlikely to me. You do not need to insure them. You do NOT want ANY of their insurance, or your "non-ownwd vehicle" insurance does NOT cover you. You need to REFUSE their extended coverage. That's incorrect as well. The fact that you took out some other insurance does not mean that your own insurance company is off the hook. The rental insurance would likely be the PRIMARY coverage, but if you kill a car load of nuns and exceed it, then your own insurance company has to pay too. In most cases, at least "up here" there is no extra charge for an additional listed driver over 25 if you are not buying insurance. Not sure about under 25, as I have not been in tha position for quite a few years - kids both grown up.- Hide quoted text - - Show quoted text - That may be true in Canada, but it's not true in the USA. Not with any of the rental companies I've dealt with and that includes Hertz, Avis, Enterprise.... |
#56
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OT - When does a rental car become a stolen vehicle?
wrote:
On Fri, 20 Jul 2012 20:25:20 -0700 (PDT), DerbyDad03 wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17 pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. Perhaps he can tell us more. Keep in mind who you are responding to. That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. You need to LIST the drivers. You do not need to insure them. You do NOT want ANY of their insurance, or your "non-ownwd vehicle" insurance does NOT cover you. You need to REFUSE their extended coverage. You need to stop telling things that I already know. No where in this thread is there any indication that I am buying the insurance from the rental agency. This whole thread has only been about the question of whether or not *my* insurance company will cover an operator that is not listed on the rental contract. I'll repeat what I said in my OP: *My* insurance company has told me that from a policy perspective, all operators would be covered but that there might be *legal* ramifications related to that coverage if the drivers are not listed on the rental contract. Those (unspecified) legal ramifications may render the coverage from *my* insurance company void. That's why I say that my insurance company is protecting me by telling me to: 1 - Refuse the rental agency insurance coverage since I'm covered through them. 2 - Make sure all drivers are listed so that there will be no "legal" problems with my insurance company covering an incident. In most cases, at least "up here" there is no extra charge for an additional listed driver over 25 if you are not buying insurance. Not sure about under 25, as I have not been in tha position for quite a few years - kids both grown up. As noted earlier in this thread, there is a charge from the rental agency ($3) for each additional operator, regardless of age. There is an additional charge of $15 for operators between 20 and 24, $41 for operators under 20. |
#57
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OT - When does a rental car become a stolen vehicle?
DerbyDad03 wrote:
I'm going to be renting a car for a family vacation. I am trying to find the cheapest way to add my wife and 2 sons as operators and ensure that our private insurance will cover any accidents regardless of who is driving. In order to add 3 Additional Authorized Operators (AAO), the rental company wants an extra $24/day for the 10 day trip, and that's with a considerable discount. I asked my insurance company what would would happen if I didn't add them to the contract and one of them was involved in an accident. The answer was: "Well that is a hypothetical situation that I can not answer directly. All I can say is that from a policy perspective they would be covered, but from a legal perspective they might not be." That was the best that I could get out of her since it was a "hypothetical situation". So I called the rental agency and ran it by them. The rental agent was a bit more forthcoming. "Your auto insurance policy coverage extends to any operator that you authorize to operate a covered vehicle and your coverage also extends to rental vehicles. Therefore, if you authorize someone to operate the rental vehicle, they would be covered by your insurance. However, in a worst case scenario, if an operator who is not listed as an AAO with the rental agency has an accident, the rental agency has the option to consider the contract null and void, which essentially turns the vehicle into a stolen car. Since it would no longer be a rental vehicle, but technically a vehicle involved in a crime, it might not be covered by your policy." He did mention that something like that has not happened, to his knowledge, in a long, long time, but in a worst case scenario, it could. He added that, hypothetically, it was up to me if I wanted to take that chance. Never trust a word a car rental company tells you. They will lie through their teeth to get an extra buck. After a rantal company in Hawaii told me that if I didn't buy their collision damage waiver, if I had an accident, I'd have to pay them in cash before I could leave Hawaii, I called the Hawaiian Attorney Generals office. The guy I told this to there asked me "What are they going to do, send a goon to the bank with you?" The rental company ended up returning my CDW payment. I had an extra hour at the airport after dropping off my rental at the end of the visit, so I hung out where the rental company dropped people off at the airport, and got three other people to sign statements that they had been similarly lied to. All these were copied to the Hawaii and Washington state attorney generals and the Hawaii insurance commissioners office. A couple years later, I received a copy of Hawaiis just changed rental insurance laws from the insurance commisioners office. The rental company in Hawaii also told me that I would have to deal with my own insurance company about any claims, that the rental company had nobody that would talk to my insurance. When I called the rental company after getting home, I was told "we have a whole department that does that". Check up on anything the rental people tell you. |
#58
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OT - When does a rental car become a stolen vehicle?
On Sat, 21 Jul 2012 07:54:52 -0700 (PDT), "
wrote: On Jul 21, 10:19*am, "Doug" wrote: On Sat, 21 Jul 2012 12:38:43 +0000 (UTC), DerbyDad03 wrote: "Doug" wrote: On Fri, 20 Jul 2012 21:46:51 -0700 (PDT), DerbyDad03 Think of it this way.... suppose you were injured badly and could not drive, then someone might have to drive your rental car with you in it, to the hospital. That doesn't make it "legal" from a rental agency or insurance company perspective. If I was badly injured and the only person who could drive me to the hospital was a 13 year old, whether is was my car or a rental, it still wouldn't be legal for them to drive. Come on... I meant a person who had a driver's license. The point is that you can't just let anyone drive the rental just by handing them the keys and expect the rental agency not to care. They want to know who will be operating the vehicle that they own. If it was your car wouldn't you want to know who was driving it? Obviously if the renter was incapacitated they would probably give you some leeway, even with an unlicensed driver, but it would be their choice. It still wouldn't make it legal from a contract perspective. I think you have some pre-notions or phobias here but if you don't want to talk to another car agency, then either go to a lawyer or no need to talk about it because you have your mind made up. No, what I have is the best rate and mileage available to me so there is no need for me to call anyone else. If i want that rate along with the unlimited miles, i have to play by their rules. Besides, as others have said, I doubt I can find a rental agency that wouldn't require me to list additional drivers. In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. Or they didn't know so they wouldn't say??? * Seems to me you're asking for legal advice and should seek a lawyer if it really worries you that much or just do as the car rental said authorize in writing the other drivers and that ends your worries. Also just a heads up but if you ask your insurance agent a question and they don't know, ask them to ask their underwriters. *- Hide quoted text - - Show quoted text - This from the guy who obviously has little experience renting cars. No, this is from a guy who has a lot experience with insurance agents in other matters !!!!! |
#59
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 3:41*pm, DerbyDad03 wrote:
"Additional driver not signed on contract. What if I just allow them to drive without adding them on the contract? Failure to add someone on the contract could result in the car being impounded if stopped by the police." Maybe that's just fluff, or maybe the police really could impound the car, for which they must have a legal reason. Yes, the legal reason is that you as the contracted (rental) user of the vehicle do not have legal authority to determine who can and can not use the vehicle, only its owner, the rental company can do that... That is why all persons who will or could be driving the rental vehicle should be listed as additional authorized operators... There are different laws in different states but since you are not the legal registered owner of the vehicle your decisions and directives as far as who can use it are meaningless... It is a crime of varying severity to be operating a motor vehicle without authority and connected to it are various offenses such as uninsured operation of a motor vehicle -- as if you are not authorized by the owner to operate it and have no proof available at the scene of the accident/traffic stop to prove you have specific insurance coverage for that driver on that vehicle it is big trouble... The police can impound the car since if they come upon it involved in an accident or stop it for a traffic offense and it is ot being operated by an authorized user as described on the contract then it is evidence related to the criminal infractions and why would the police want to allow the authorized operator (even if they were present) the continued ability to commit additional fraud against the owner... |
#60
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 10:08*pm, "
wrote: On Jul 20, 7:02*pm, G. Morgan wrote: DerbyDad03 wrote: Their website does have this in their FAQ: "Additional driver not signed on contract. What if I just allow them to drive without adding them on the contract? Failure to add someone on the contract could result in the car being impounded if stopped by the police." Maybe that's just fluff, or maybe the police really could impound the car, for which they must have a legal reason. Because the second a non-additional driver moves an inch behind the wheel, and you the contracted allowed it - the contract is broken right then. So what? *It's a breech of contract, which is a civil matter. *Last time I checked, just because someone breeches a contract does not give the police the right to impound a vehicle. *If that were the case, the cops would be doing all the work for finance companies when the people who finance a car fail to make payments. There is a difference between being the registered owner of a vehicle with a financial lien against its title (i.e. why a financing company would be involved) which would be entirely a civil matter unless some intent to defraud the financing company could be proven against the registered owner of said vehicle... And the situation where you are merely a contracted user of a vehicle owned by someone else (the rental company)... The police can refuse to allow you to retake possession of such a vehicle after a traffic stop or accident (in both situations your vehicle is considered to be seized by the police during the duration of the incident unless and until the police release custody of it back to the legal owner or someone the legal owner designates) and why would the police trust an authorized user of a rental car who allowed someone not authorized to operate the vehicle and it was either involved in a traffic accident or violated traffic laws to continue to be honest and only allow the authorized users to operate it when the fact that it was stopped or crashed with someone else driving it say otherwise... Impound and allow the legal owner to come collect it is the typical police mindset on such things... |
#61
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OT - When does a rental car become a stolen vehicle?
"Doug" wrote:
On Sat, 21 Jul 2012 12:38:43 +0000 (UTC), DerbyDad03 In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. Or they didn't know so they wouldn't say??? Seems to me you're asking for legal advice and should seek a lawyer if it really worries you that much or just do as the car rental said authorize in writing the other drivers and that ends your worries. Obviously you haven't read this thread very carefully. I have already said that I am planning to authorize and pay for additional drivers. Everything else in this thread has been nothing more than a lively discussion. Why would I possibly need to talk a lawyer? To save a few bucks on car rental? Gimme a break. Also just a heads up but if you ask your insurance agent a question and they don't know, ask them to ask their underwriters. Obviously you haven't read this thread very carefully. In every post I have used the terms Ins Co or insurance company. I have not been talking to an agent. As a matter of fact I was talking to at least a 2nd level representative of my Ins Co customer service department. 1st level was not sure of the answer and said "Hang on while I get in touch with someone knowledgable in that area." I am very confident that the person I spoke to was knowledgable with regards to my coverage as it applies to rental vehicles. For all I know I _was_ talking to an underwriter. |
#62
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 10:32*pm, "
wrote: On Jul 20, 3:17*pm, Evan wrote: On Jul 20, 2:00*pm, DerbyDad03 wrote: I'm going to be renting a car for a family vacation. I am trying to find the cheapest way to add my wife and 2 sons as operators and ensure that our private insurance will cover any accidents regardless of who is driving. In order to add 3 Additional Authorized Operators (AAO), the rental company wants an extra $24/day for the 10 day trip, and that's with a considerable discount. I asked my insurance company what would would happen if I didn't add them to the contract and one of them was involved in an accident. *The answer was: "Well that is a hypothetical situation that I can not answer directly.. All I can say is that from a policy perspective they would be covered, but from a legal perspective they might not be." That was the best that I could get out of her since it was a "hypothetical situation". So I called the rental agency and ran it by them. The rental agent was a bit more forthcoming. "Your auto insurance policy coverage extends to any operator that you authorize to operate a covered vehicle and your coverage also extends to rental vehicles. Therefore, if you authorize someone to operate the rental vehicle, they would be covered by your insurance. However, in a worst case scenario, if an operator who is not listed as an AAO with the rental agency has an accident, the rental agency has the option to consider the contract null and void, which essentially turns the vehicle into a stolen car. Since it would no longer be a rental vehicle, but technically a vehicle involved in a crime, it might not be covered by your policy." He did mention that something like that has not happened, to his knowledge, in a long, long time, but in a worst case scenario, it could. He added that, hypothetically, it was up to me if I wanted to take that chance. I would not buy into what either of the experts you have spoken to about this issue, there are too many variables which change when you cross state lines... Your rental agent is correct in that the PRIMARY policy holder is covered when operating a rental vehicle, that coverage does not always extend to additional insureds designated for specific vehicles under a policy... That's a good point and an important one. *Derby should make sure his policy actually covers the other drivers in his family. * I know for example that a son in my household would be covered while driving MY insured car. *But I have no idea if they would be covered if they were driving a car I rented. This is where you need to cover yourself and figure out how that works in the states you are going to travel through... That would seem to depend only on the policy Derby has and what it covers. * If it covers his son while driving a car Derby rents in NJ, I don't see it changing if Derby rents a car in MD. Your insurance agent is correct on the contract law issue, without disclosing who is going to be operating a rental vehicle on the contract, which becomes the vehicle registration document during your authorized use of the rental, if you were in an accident and the operator was not listed on that contract as an authorized operator by the rental agency (the owner of the vehicle) then you may have an operator who is in trouble for unauthorized use of a motor vehicle... In doubt the laws for unauthorized use would apply and I've never heard of any such crazy case being brought. The rental company has lots of insurance on its fleet of vehicles so it is covered, however if you breach the terms of the rental agreement you would not be covered Not covered by what? *His own insurance company? His own insurance company gave him an answer that was not a clear "no coverage", so how could you know what they will or will not cover? *Suppose I breech the terms of the rental agreement by smoking in the car. Does that give my insurance company the right to deny a claim? nor would your auto insurer pay out any claims for your violation of the terms of the rental contract... What would such a claim for violation even be? *Expect a lawsuit for any damages caused by your allowing an operator not listed on the rental contract driving the rental vehicle and getting into an accident while behind the wheel plus any allowable damages for the breach of the contract under the state law where the rental took place, or in the state where the rental company is headquartered (there will be fine print somewhere on the contract which specifies the jurisdiction of the court which will settle all disputes which you agree to by entering into and signing the contract)... There isn't a schedule of allowable damages by state. * In a contracts case it's up to the plaintiff to PROVE their damages from the breech. *And I don't see the rental company having any damages period. *Derby MIGHT be responsible himself for the damages his son causes to someone he hits if his insurance company denies the claim. *But what loss exactly does the rental company have? Insurance policies which cover any operator for any vehicle are quite expensive and you would know it for sure if you had one of those in effect...- Hide quoted text - - Show quoted text - Derby apparently believes he does. *Perhaps he can tell us more. Once you violate the terms of the contract (by allowing an non-listed driver to operate it) the vehicle is not covered by any of your own supplemental insurance from your own policy because you allowed it to be used in an improper way in breach of the covenant of agreement for its use known as the rental contract... Your insurer can drop your coverage for issues like that because your choice to breach a contract or law was willful and not considered "normally acceptable use"... Just the same way your insurer can cancel your policy or refuse to pay out on claims if you operate your own vehicles with expired registration tags or an invalid inspection sticker because both of those conditions are not legal uses of the vehicle under just about every motor vehicle law in every state on public roadways... It is not a "claim for violation of the contract" it is ANY claim made, as the instant you breach the contract you VOID your supposed insurance coverages... What losses does the rental company have if a non-listed non-authorized driver gets into an accident with one of their vehicles ? Umm... The rental income which that vehicle would bring in from other renters using it during the duration of the repairs and any impoundment by authorities during an investigation... That has a value to it that the unauthorized use and subsequent damage has deprived the rental company of and due to your willful breach of contract that is but one of the "losses" you have caused the rental company... |
#63
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OT - When does a rental car become a stolen vehicle?
On Sat, 21 Jul 2012 15:55:02 +0000 (UTC), DerbyDad03
wrote: wrote: On Fri, 20 Jul 2012 20:25:20 -0700 (PDT), DerbyDad03 wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17 pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. Perhaps he can tell us more. Keep in mind who you are responding to. That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. You need to LIST the drivers. You do not need to insure them. You do NOT want ANY of their insurance, or your "non-ownwd vehicle" insurance does NOT cover you. You need to REFUSE their extended coverage. You need to stop telling things that I already know. No where in this thread is there any indication that I am buying the insurance from the rental agency. This whole thread has only been about the question of whether or not *my* insurance company will cover an operator that is not listed on the rental contract. I'll repeat what I said in my OP: *My* insurance company has told me that from a policy perspective, all operators would be covered but that there might be *legal* ramifications related to that coverage if the drivers are not listed on the rental contract. Those (unspecified) legal ramifications may render the coverage from *my* insurance company void. That's why I say that my insurance company is protecting me by telling me to: 1 - Refuse the rental agency insurance coverage since I'm covered through them. 2 - Make sure all drivers are listed so that there will be no "legal" problems with my insurance company covering an incident. In most cases, at least "up here" there is no extra charge for an additional listed driver over 25 if you are not buying insurance. Not sure about under 25, as I have not been in tha position for quite a few years - kids both grown up. As noted earlier in this thread, there is a charge from the rental agency ($3) for each additional operator, regardless of age. There is an additional charge of $15 for operators between 20 and 24, $41 for operators under 20. OK. Not to be ignorant or anything, but what's your question? Register all drivers 25 or older with the rental company, and no drivers under 25 get the keys. Simple. |
#64
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 11:25*pm, DerbyDad03 wrote:
On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. *Perhaps he can tell us more. Keep in mind who you are responding to. *That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money.. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. Bull****... Period... Since you are not the legal owner of any rental vehicle you lack legal authority to choose who can and can not use it... Period... Contract law governs the rest, IF you breach the terms of the rental agreement by allowing anyone other than the users listed on the contract by the rental company THEN your insurer is not legally required to pay for your fraudulent and unauthorized use of the vehicle... It is NOT yours, you do not own it like you do your specifically identified and covered vehicles listed on your auto policy... That seems to be where your disconnect is... Your car = you can decide who can drive it under the terms and limitations of your insurance policy... Rental car = you have no legal authority beyond the use of the car within the terms of the contract, your insurance will not magically pay out on a claim for a driver who is not listed on the rental contract even if that person is covered to operate vehicles which you own because their operation of the rental was in breach of the terms of the rental contract... The rental contract has to list the authorized operators as well as the insurance information so that you have that contract as a "registration document" and "proof of insurance" for those allowed to use the vehicle on your possession and in the vehicle at all times during your use... Lose that contract and in addition to "unauthorized use of a motor vehicle" you would also be operating a vehicle "unregistered/uninsured" as you have nothing in your possession or in the car which states that you have authority to operate the vehicle in your possession nor that you have any documents indicating proper insurance coverage... As far as your insurance policy coverage extending to anyone and everyone you desire, no way, a casual user who drives your car once or twice in a year is one thing, but you can not allow someone regular use of your vehicle without providing their information to your insurance provider and that can effect the price of your policy... Again, you would know it if you had a fleet vehicle policy where the listing of specifically approved users for each covered vehicle would be impractical as the patterns of use change daily and authority is granted by one's status as an employee with a valid driver's license and clean driver's history... Those cost a lot of money, you would know it for sure if you had such a policy... |
#65
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OT - When does a rental car become a stolen vehicle?
On Jul 20, 11:23*pm, "
wrote: On Jul 20, 10:44*pm, Doug Miller wrote: DerbyDad03 wrote in news:8b1f22c9-a3b9-4ef9-9b02- : I'm going to be renting a car for a family vacation. I am trying to find the cheapest way to add my wife and 2 sons as operators and ensure that our private insurance will cover any accidents regardless of who is driving. In order to add 3 Additional Authorized Operators (AAO), the rental company wants an extra $24/day for the 10 day trip, and that's with a considerable discount. I asked my insurance company what would would happen if I didn't add them to the contract and one of them was involved in an accident. *The answer was: The straight answer is, you're screwed. Every time I've ever rented a car or truck, the contract has had some language to the effect that lessee agrees not to allow anyone other than persons listed on the rental contract to operate the vehicle. You breach that contract if you permit that -- and I'll bet that your auto insurance provides coverage on a rental car only if you're in compliance with the rental contract. His own insurance company told him he would still be covered. * It seems kind of extreme and odd to me that the same insurance company that will pay off on a claim when you drive your car 90 MPH when you're drunk, will suddenly deny a claim they otherwise would have paid *just because you did not list a driver on a contract with a rental company. Any breech does not void a contract, release the parties or mean that the other party can rain hell down on you. *It just means that the party that believes they were wronged has to PROVE what harm the breech did to them and what they are out. *For starters, it has to be a MATERIAL breech. *And again, it's hard for me to see how simply not listing the other driver on a contract with a rental company rises to that level. What material difference would it have made to your own insurance company whether the driver was on the rental contract or not? Because having the driver properly listed on the rental agreement would be obeying the terms of the contract... Once you breach them you are in a grey area where even if one of the insurance companies does pay out for something they can come after you for repayment because your choice to breach the contract caused the loss... |
#66
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 12:51*pm, "Bob F" wrote:
DerbyDad03 wrote: I'm going to be renting a car for a family vacation. I am trying to find the cheapest way to add my wife and 2 sons as operators and ensure that our private insurance will cover any accidents regardless of who is driving. In order to add 3 Additional Authorized Operators (AAO), the rental company wants an extra $24/day for the 10 day trip, and that's with a considerable discount. I asked my insurance company what would would happen if I didn't add them to the contract and one of them was involved in an accident. *The answer was: "Well that is a hypothetical situation that I can not answer directly. All I can say is that from a policy perspective they would be covered, but from a legal perspective they might not be." That was the best that I could get out of her since it was a "hypothetical situation". So I called the rental agency and ran it by them. The rental agent was a bit more forthcoming. "Your auto insurance policy coverage extends to any operator that you authorize to operate a covered vehicle and your coverage also extends to rental vehicles. Therefore, if you authorize someone to operate the rental vehicle, they would be covered by your insurance. However, in a worst case scenario, if an operator who is not listed as an AAO with the rental agency has an accident, the rental agency has the option to consider the contract null and void, which essentially turns the vehicle into a stolen car. Since it would no longer be a rental vehicle, but technically a vehicle involved in a crime, it might not be covered by your policy." He did mention that something like that has not happened, to his knowledge, in a long, long time, but in a worst case scenario, it could. He added that, hypothetically, it was up to me if I wanted to take that chance. Never trust a word a car rental company tells you. They will lie through their teeth to get an extra buck. After a rantal company in Hawaii told me that if I didn't buy their collision damage waiver, if I had an accident, I'd have to pay them in cash before I could leave Hawaii, I called the Hawaiian Attorney Generals office. The guy I told this to there asked me "What are they going to do, send a goon to the bank with you?" The rental company ended up returning my CDW payment. I had an extra hour at the airport after dropping off my rental at the end of the visit, so I hung out where the rental company dropped people off at the airport, and got three other people to sign statements that they had been similarly lied to. All these were copied to the Hawaii and Washington state attorney generals and the Hawaii insurance commissioners office. A couple years later, I received a copy of Hawaiis just changed rental insurance laws from the insurance commisioners office. The rental company in Hawaii also told me that I would have to deal with my own insurance company about any claims, that the rental company had nobody that would talk to my insurance. When I called the rental company after getting home, I was told "we have a whole department that does that". Check up on anything the rental people tell you. Don't rely on your insurance coverage amounts complying with the laws in other states... It is one thing to operate your vehicle registered in compliance with your states' laws elsewhere, but a rental car might not be registered in your state or even where you are purchasing the rental insurance... Why take the risk that your insurance amounts are insufficient to comply with the laws where you are travelling -- as improper insurance coverage (or not being insured at all) are crimes... |
#67
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OT - When does a rental car become a stolen vehicle?
On Sat, 21 Jul 2012 18:02:02 -0700 (PDT), Evan
wrote: On Jul 20, 11:25Â*pm, DerbyDad03 wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17Â*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. Â*Perhaps he can tell us more. Keep in mind who you are responding to. Â*That's Evan that posted that. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. Bull****... Period... Since you are not the legal owner of any rental vehicle you lack legal authority to choose who can and can not use it... Period... Contract law governs the rest, IF you breach the terms of the rental agreement by allowing anyone other than the users listed on the contract by the rental company THEN your insurer is not legally required to pay for your fraudulent and unauthorized use of the vehicle... It is NOT yours, you do not own it like you do your specifically identified and covered vehicles listed on your auto policy... That seems to be where your disconnect is... Your car = you can decide who can drive it under the terms and limitations of your insurance policy... Rental car = you have no legal authority beyond the use of the car within the terms of the contract, your insurance will not magically pay out on a claim for a driver who is not listed on the rental contract even if that person is covered to operate vehicles which you own because their operation of the rental was in breach of the terms of the rental contract... The rental contract has to list the authorized operators as well as the insurance information so that you have that contract as a "registration document" and "proof of insurance" for those allowed to use the vehicle on your possession and in the vehicle at all times during your use... Lose that contract and in addition to "unauthorized use of a motor vehicle" you would also be operating a vehicle "unregistered/uninsured" as you have nothing in your possession or in the car which states that you have authority to operate the vehicle in your possession nor that you have any documents indicating proper insurance coverage... As far as your insurance policy coverage extending to anyone and everyone you desire, no way, a casual user who drives your car once or twice in a year is one thing, but you can not allow someone regular use of your vehicle without providing their information to your insurance provider and that can effect the price of your policy... We lent my daughter's boyfriend our "extra" vehicle for a couple of weeks after his car was stolen, and his rental coverage was used up waiting for setlement. When it stretched out to a month we added him as primary driver on that vehicle - for $189 per year. (it's coming up 4 months now - still no settlement) Fleet policy is not required for 3 vehicles and 4 or 5 drivers if they are part of a single household or family - and "fleet" doesn't necessarily cover a rental or "unowned vehicle". And a "casual" driver does not need to be listed on the policy - you CAN lend your car to your neighbour or friend for a day without having them added to your policy. At least in Ontario - I cannot speak for USA or elsewhere. Again, you would know it if you had a fleet vehicle policy where the listing of specifically approved users for each covered vehicle would be impractical as the patterns of use change daily and authority is granted by one's status as an employee with a valid driver's license and clean driver's history... Those cost a lot of money, you would know it for sure if you had such a policy... |
#68
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OT - When does a rental car become a stolen vehicle?
wrote:
On Sat, 21 Jul 2012 15:55:02 +0000 (UTC), DerbyDad03 As noted earlier in this thread, there is a charge from the rental agency ($3) for each additional operator, regardless of age. There is an additional charge of $15 for operators between 20 and 24, $41 for operators under 20. OK. Not to be ignorant or anything, but what's your question? Register all drivers 25 or older with the rental company, and no drivers under 25 get the keys. Simple. There never really was a question. I was simply pointing out what I was told by my Ins Co and the rental agency regarding coverage for authorized vs. non-authorized drivers as a means to start what I knew would be a lively discussion. Who I choose to list and pay for is totally up to me and not really related to this discussion. |
#69
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OT - When does a rental car become a stolen vehicle?
OK OK OK
Here is another thing to watch out for... As you said, your personal car insurance will cover the rental car...but beware, most of us have a pretty high deducible on our personal auto insurance policies and if we get a scratch on our personal car, we don't file a claim and we don't care. But... if you get a SCRATCH on the rental car, they DO CARE and the cost to repair can be $300 and fall under the deductible, so YOU are on the hook for it. However, many credit cards, such as Visa, will pick up the tab for this. Check your credit card rules, otherwise get the CDW. and the way they make bumpers these days, all you have to do is tap the bumper and it will have a $300 scratch. I just went through this.. Mark |
#70
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 8:31*pm, Evan wrote:
On Jul 20, 10:08*pm, " wrote: On Jul 20, 7:02*pm, G. Morgan wrote: DerbyDad03 wrote: Their website does have this in their FAQ: "Additional driver not signed on contract. What if I just allow them to drive without adding them on the contract? Failure to add someone on the contract could result in the car being impounded if stopped by the police." Maybe that's just fluff, or maybe the police really could impound the car, for which they must have a legal reason. Because the second a non-additional driver moves an inch behind the wheel, and you the contracted allowed it - the contract is broken right then. So what? *It's a breech of contract, which is a civil matter. *Last time I checked, just because someone breeches a contract does not give the police the right to impound a vehicle. *If that were the case, the cops would be doing all the work for finance companies when the people who finance a car fail to make payments. There is a difference between being the registered owner of a vehicle with a financial lien against its title (i.e. why a financing company would be involved) which would be entirely a civil matter unless some intent to defraud the financing company could be proven against the registered owner of said vehicle... And the situation where you are merely a contracted user of a vehicle owned by someone else (the rental company)... *The police can refuse to allow you to retake possession of such a vehicle after a traffic stop or accident (in both situations your vehicle is considered to be seized by the police during the duration of the incident unless and until the police release custody of it back to the legal owner or someone the legal owner designates) and why would the police trust an authorized user of a rental car who allowed someone not authorized to operate the vehicle and it was either involved in a traffic accident or violated traffic laws to continue to be honest and only allow the authorized users to operate it when the fact that it was stopped or crashed with someone else driving it say otherwise... *Impound and allow the legal owner to come collect it is the typical police mindset on such things...- Hide quoted text - - Show quoted text - It's still a breech of contract, plain and simple. The fact that the police MIGHT impound the car because the unlisted driver might not be able to prove that they are authorized to drive the car, doesn't change that. From a practical matter, I seriously doubt if the car was rented to Derby and the cops find his son driving it that they are going to waste their time on this nonsense. And next, when a contract is breeched, it doesn't suddenly become a no-mans wilderness. The procedure is simple. If the party that believes they were damaged by the breech wants to pursue it, they can sue. Then they have to prove: A - The contract was breeched by the other party. B - Damages. I'm still waiting to hear in all this what the damages to the rental company are specifc to Derby allowing an unlisted driver to use the car. If he returns the car without any problems, no damages. He wrecks the car himself, he and/or his insurance company are responsible. The unlisted driver wrecks the car, Derby and/or his insurance company and the unlised driver are responsible. Same thing. The only "damages" here I can see are the insurance company is out the additional fee they were entitled to for the additional driver. If they want to go after Derby for $25, that is their case. BFD. |
#71
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 8:19*pm, Evan wrote:
On Jul 20, 3:41*pm, DerbyDad03 wrote: "Additional driver not signed on contract. What if I just allow them to drive without adding them on the contract? Failure to add someone on the contract could result in the car being impounded if stopped by the police." Maybe that's just fluff, or maybe the police really could impound the car, for which they must have a legal reason. Yes, the legal reason is that you as the contracted (rental) user of the vehicle do not have legal authority to determine who can and can not use the vehicle, only its owner, the rental company can do that... That is why all persons who will or could be driving the rental vehicle should be listed as additional authorized operators... *There are different laws in different states but since you are not the legal registered owner of the vehicle your decisions and directives as far as who can use it are meaningless... It is a crime of varying severity to be operating a motor vehicle without authority and connected to it are various offenses such as uninsured operation of a motor vehicle -- as if you are not authorized by the owner to operate it and have no proof available at the scene of the accident/traffic stop to prove you have specific insurance coverage for that driver on that vehicle it is big trouble... Derby told you in the original post that his insurance company told him he is in fact covered if he allows an unlisted driver to use the car. You claimed he could not have such a policy and that such a policy is prohibitively expensive. Derby reaffirmed that he does in fact have that coverage. Now, who should we believe? Derby who talked to his insurance company, or you? As for it being a crime, I think you'd have a hell of a time getting a prosecutor to pursue this nonsense. And an almost impossible job getting a conviction. It might be theoretically possible, but at the end of the day, the only "crime" here is that the rental car company did not get their additonal small fee of a few bucks a day for adding the driver. It's not like someone going over to a relatives house at night and taking their car on a joyride for a week. THAT is what unauthorized use laws are there for. The police can impound the car since if they come upon it involved in an accident or stop it for a traffic offense and it is ot being operated by an authorized user as described on the contract then it is evidence related to the criminal infractions and why would the police want to allow the authorized operator (even if they were present) the continued ability to commit additional fraud against the owner... Yes, that's true. And so far, despite all the attempts to make this into something worse, that's the only POSSIBLE downside I see. And if the cops pull over son Little Derby in that rental, he has the rental contract that shows it was rented to Big Daddy Derby, I submit there ain't a cop in a thousand miles that's gonna waste his time on this horse ****. You remind me of Barney Fife. |
#72
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 10:23*pm, Mark wrote:
OK OK OK Here is another thing to watch out for... As you said, your personal car insurance will cover the rental car...but beware, most of us have a pretty high deducible on our personal auto insurance policies and if we get a scratch on our personal car, we don't file a claim and we don't care. But... if you get a SCRATCH on the rental car, they DO CARE and the cost to repair can be $300 and fall under the deductible, so YOU are on the hook for it. However, many credit cards, such as Visa, will pick up the tab for this. *Check your credit card rules, otherwise get the CDW. and the way they make bumpers these days, all you have to do is tap the bumper and it will have a $300 scratch. I just went through this.. Mark So say you have a $500 deductible. Let's say your credit card doesn't offer protection. You think it's a good idea to pay the outrageous CDW every time you rent a car, just on the chance that one day you MIGHT be out $500? |
#73
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OT - When does a rental car become a stolen vehicle?
On Sat, 21 Jul 2012 18:04:35 -0700 (PDT), Evan
wrote: Because having the driver properly listed on the rental agreement would be obeying the terms of the contract... Once you breach them you are in a grey area where even if one of the insurance companies does pay out for something they can come after you for repayment because your choice to breach the contract caused the loss... My insurance says it covers me for any car I'm driving. It does not say I have to be listed as a driver on a rental contract. Good to know, if I steal your car tonight, at least I'm covered. |
#74
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OT - When does a rental car become a stolen vehicle?
On Jul 21, 9:02*pm, Evan wrote:
On Jul 20, 11:25*pm, DerbyDad03 wrote: On i, July 20, 2012 10:32:49 PM UTC-4, wrote: On Jul 20, 3:17*pm, Evan > wrote: > > Insurance policies which cover any operator for any > vehicle are quite expensive and you would know it > for sure if you had one of those in effect...- Hide quoted text - > > - Show quoted text - Derby apparently believes he does. *Perhaps he can tell us more. Keep in mind who you are responding to. *That's Evan that posted that.. My policy, which is nothing special and certainly not expensive, covers exactly what I said it covers in my OP. It covers the 2 vehicles listed on the policy. It covers any driver that I authorize to drive either of those vehicles. It extends to coverage of rental vehicles. Since it extends to rental vehicles, it automatically extends to any driver that I authorize to drive the rental. I called my Ins Co and verified that. At issue is the status of operators that are not authorized to drive the vehicle per the rental contract. I have no problem believing both the Ins Co and the rental agency when they tell me that there may be legal problems with the coverage should an unauthorized driver get in an accident. I can certainly see a "loophole", or whatever you want to call it, where even though any driver that I authorize to drive any covered vehicle would be covered, I may not have the right to authorize drivers to drive the rental. If only the rental company can authorize additional operators, then the Ins Co could refuse to cover a driver that is not listed on the contract.. Maybe the car wouldn't be considered stolen, but there is obviously a reason why the Ins Co says to make sure that all drivers are listed on the contract. It can't be monetary because not only don't they make any money when the drivers are listed, they are actually putting themselves "at risk" since they are telling me to do something that could end up costing them money. My only assumption is that they really want to protect me, their customer, by making sure that I don't get myself in trouble from a legal non-coverage perspective. Bull****... *Period... Since you are not the legal owner of any rental vehicle you lack legal authority to choose who can and can not use it... *Period... Contract law governs the rest, IF you breach the terms of the rental agreement by allowing anyone other than the users listed on the contract by the rental company THEN your insurer is not legally required to pay for your fraudulent and unauthorized use of the vehicle... Oh, really? Where is that written in the law? Answer, it's not. It might be written in an insurance policy, but since you don't have Derby's policy, how the hell would you know? Oh, I know, as usual, you know everything. And that which you're not sure of, well you just make up. *It is NOT yours, you do not own it like you do your specifically identified and covered vehicles listed on your auto policy... That seems to be where your disconnect is... I'd say you're the one disconnected here. Your car = you can decide who can drive it under the terms and limitations of your insurance policy... Rental car = you have no legal authority beyond the use of the car within the terms of the contract, your insurance will not magically pay out on a claim for a driver who is not listed on the rental contract even if that person is covered to operate vehicles which you own because their operation of the rental was in breach of the terms of the rental contract... You know this for a fact right? You don't even know who the insurance company Derby has is. How could you know what the policy does or does not say? The rental contract has to list the authorized operators as well as the insurance information so that you have that contract as a "registration document" and "proof of insurance" for those allowed to use the vehicle on your possession and in the vehicle at all times during your use... BS. I've rented cars for decades. And not one of them asked me for proof of insurance or even who my insurance company is. They only ask if you want THEIR additional insurance. They even rent cars to folks who don't own a car themselves, so of course they don't have car insurance. Think people living in NYC who rent cars for a weekend trip. Lose that contract and in addition to "unauthorized use of a motor vehicle" That's pure BS. I can throw the rental agreement out the window and it doesn't make the use "unauthorized". Why do you make this stuff up? you would also be operating a vehicle "unregistered/uninsured" as you have nothing in your possession or in the car which states that you have authority to operate the vehicle in your possession nor that you have any documents indicating proper insurance coverage... Again, not having the document doesn't make the car unregistered or uninsured. It is registered with the DMV in the state that issued the plates. It is insured, by your own personal auto policy and by insurance from the rental company. The MOST they might have here is some minor ticket for not having proper documents. As far as your insurance policy coverage extending to anyone and everyone you desire, no way, a casual user who drives your car once or twice in a year is one thing, but you can not allow someone regular use of your vehicle without providing their information to your insurance provider and that can effect the price of your policy... Again, you would know it if you had a fleet vehicle policy where the listing of specifically approved users for each covered vehicle would be impractical as the patterns of use change daily and authority is granted by one's status as an employee with a valid driver's license and clean driver's history... Those cost a lot of money, you would know it for sure if you had such a policy...- Hide quoted text - - Show quoted text - And as usual, now we're off into space, talking about fleet policies. Does Derby have a fleet? |
#75
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OT - When does a rental car become a stolen vehicle?
" wrote:
On Jul 21, 8:19 pm, Evan wrote: On Jul 20, 3:41 pm, DerbyDad03 wrote: "Additional driver not signed on contract. What if I just allow them to drive without adding them on the contract? Failure to add someone on the contract could result in the car being impounded if stopped by the police." Maybe that's just fluff, or maybe the police really could impound the car, for which they must have a legal reason. Yes, the legal reason is that you as the contracted (rental) user of the vehicle do not have legal authority to determine who can and can not use the vehicle, only its owner, the rental company can do that... That is why all persons who will or could be driving the rental vehicle should be listed as additional authorized operators... There are different laws in different states but since you are not the legal registered owner of the vehicle your decisions and directives as far as who can use it are meaningless... It is a crime of varying severity to be operating a motor vehicle without authority and connected to it are various offenses such as uninsured operation of a motor vehicle -- as if you are not authorized by the owner to operate it and have no proof available at the scene of the accident/traffic stop to prove you have specific insurance coverage for that driver on that vehicle it is big trouble... Derby told you in the original post that his insurance company told him he is in fact covered if he allows an unlisted driver to use the car. You claimed he could not have such a policy and that such a policy is prohibitively expensive. Derby reaffirmed that he does in fact have that coverage. Now, who should we believe? Derby who talked to his insurance company, or you? Now, hold on T, let's make we all understand what my Ins Co told me. As I said in my OP and repeated a few times in various posts: From an insurance policy perspective, I and all drivers I authorize to drive my covered vehicles are covered. However, from a *legal* perspective there may be situations in which such coverage could be denied. While I hate to agree with Evan, I believe that he is saying more or less the same thing I said earlier: I have no authority to authorize additional drivers on a rental vehicle. All that I have is the option of asking the rental agency to list them as Additional Authorized Operators. If the rental agency deems them worthy, then they - the rental agency - will authorize them. At that point my policy will cover them. I can't say for sure, but that may be the legal loophole that the Ins Co rep hinted at. In any case it really doesn't matter since I'm going to list any and all drivers that I expect will drive the vehicle during the rental period. |
#76
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OT - When does a rental car become a stolen vehicle?
On Sun, 22 Jul 2012 00:42:55 +0000 (UTC), DerbyDad03
wrote: "Doug" wrote: On Sat, 21 Jul 2012 12:38:43 +0000 (UTC), DerbyDad03 In addition, when I was talking to my Ins Co, there was no mention of which rental agency I was using. That tells me the the situation is the same across all rental agencies. Or they didn't know so they wouldn't say??? Seems to me you're asking for legal advice and should seek a lawyer if it really worries you that much or just do as the car rental said authorize in writing the other drivers and that ends your worries. Obviously you haven't read this thread very carefully. I have already said that I am planning to authorize and pay for additional drivers. Everything else in this thread has been nothing more than a lively discussion. Why would I possibly need to talk a lawyer? To save a few bucks on car rental? Gimme a break. Also just a heads up but if you ask your insurance agent a question and they don't know, ask them to ask their underwriters. Obviously you haven't read this thread very carefully. In every post I have used the terms Ins Co or insurance company. I have not been talking to an agent. As a matter of fact I was talking to at least a 2nd level representative of my Ins Co customer service department. 1st level was not sure of the answer and said "Hang on while I get in touch with someone knowledgable in that area." I am very confident that the person I spoke to was knowledgable with regards to my coverage as it applies to rental vehicles. For all I know I _was_ talking to an underwriter. Sure. |
#77
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OT - When does a rental car become a stolen vehicle?
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#78
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OT - When does a rental car become a stolen vehicle?
Ed Pawlowski wrote:
My insurance says it covers me for any car I'm driving. It does not say I have to be listed as a driver on a rental contract. Good to know, if I steal your car tonight, at least I'm covered. Read it again. If the car is being used in the commission of a crime, they don't have to pay. |
#79
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OT - When does a rental car become a stolen vehicle?
DerbyDad03 wrote:
The point is that you can't just let anyone drive the rental just by handing them the keys and expect the rental agency not to care. They want to know who will be operating the vehicle that they own. If it was your car wouldn't you want to know who was driving it? Bingo! And if you don't, be prepared for any excuse the insurance company has not to pay if an incident occurs. |
#80
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OT - When does a rental car become a stolen vehicle?
DerbyDad03 wrote:
On Jul 20, 8:13*pm, G. Morgan wrote: DerbyDad03 wrote: On Jul 20, 7:14*pm, G. Morgan wrote: DerbyDad03 wrote: I'm still working on some other discount codes to reduce the overall cost, so we'll see what happens. I hope you are not considering doing this the wrong way. *It could be premeditated insurance fraud now. *And there is always a chance something can go wrong, you'll be bankrupt after trying to save a couple of bills. If the kids want to drive, make them pay the extra cost. How did you get that from "I'm still working on some other discount codes to reduce the overall cost"? Discount codes are either offered/accepted by the rental company or not. How could " working on some other discount codes" be construed as "doing this the wrong way"? Just reading the other stuff you wrote, I was thinking you were actually going to risk it. *I take a lot of risks, but not when it might cost tens of thousands of dollars to clean up for something I could avoid. hmm...I just reread everything I wrote and I can't find anything that seems to indicate that I'm planning to risk it. In fact, as I read it, I'd lean towards thinking that I was believing the that whole "stolen car" thing could be _possible_ and therefore not worth the risk. Of course, that's how I read it, maybe because I wrote it. It's entirely possible I mis-read it. I got the feeling you were possibly not going to list them to save a few hundred bucks, and was feeling the group out for what might happen. Peace, ~G |
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