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    fshay1's Avatar
    fshay1 Posts: 23, Reputation: 4
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    #1

    Aug 25, 2006, 01:25 PM
    California Law Question...
    We recently moved to California and rented a car from Enterprise. We thot we put on insurance but it was not "full coverage". We only found this out after an accident. We were told to check the credit card we used but they say they don't offer insurance anymore.

    We wondered if we were in trouble in California for not having "full coverage" and if so how much trouble.

    Thanks for your attention in advance!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 25, 2006, 03:34 PM
    Hello fs:

    Did you get a ticket? Probably not. If you bought insurance from Enterprise, it was probably liability, and that's all California wants. They could care less if you total YOUR car (or Enterprises).

    excon
    fshay1's Avatar
    fshay1 Posts: 23, Reputation: 4
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    #3

    Aug 27, 2006, 07:57 AM
    Thanks for the response. No no ticket. We went to Enterprise yesterday and found out we had only comprehensive... no liability. Again, we continue to be concerned if we were in trouble in California for not having liability and if so how much trouble.
    We did get a letter from a company investigating the accident for Enterprise to let us know that Enterprise is not covering us or helping us in any way. Apparently somewhere in the fine print it says they aren't responsible for even being in business!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 27, 2006, 08:43 AM
    Hello again fs:

    So, you bought insurance that protects their car but doesn't protect your butt. Maybe next time you could examine what you buy.

    Trouble?? In what way?? Yes, you're going to have to pay for the other guy's car and medical bills if any. But no, they're not going to put you in jail. And since you didn't get a ticket, they're not even going to prosecute you.

    excon
    fshay1's Avatar
    fshay1 Posts: 23, Reputation: 4
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    #5

    Aug 27, 2006, 08:52 AM
    I KNOW! I am sure its going to cost us a ton. I have learned my lesson. Thanks for your input. I will try and let you know the outcome. And I may need to borrow bus fare afterwards! Take care!

    -f
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Aug 27, 2006, 10:50 AM
    Check with your insurance company. Most policies will cover rental cars.
    fshay1's Avatar
    fshay1 Posts: 23, Reputation: 4
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    #7

    Aug 27, 2006, 03:35 PM
    We don't have our own vehicle and therefore no auto insurance. We are really completely exposed here. I have heard that the lady we hit could possibly sue Enterprise and then Enterprise will come after us but I don't know yet. We are waiting to hear from whoever is coming after us and then we will hire a lawyer and go from there.
    I would really like hearing from anyone else who has been through this (sued). If they didn't take your computer in the settlement!
    Thanks all!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Aug 27, 2006, 04:28 PM
    DO NOT WAIT!! You need to consult an attorney NOW!!

    An attorney may be able to advise you in protecting assets. But unless there is a question of fault in this accident you WILL be held liable for any damages the lady can legally file for.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Aug 27, 2006, 06:07 PM
    The car you rented will always have liablity, liabilty is what pays for the other car, that is always included on all rental cars automatically.

    It is comprehensive ( what pays for your rental car due to theft, or vandalism or storm damage)

    Or
    Collission ( that pays for your rental car in an accident)

    So you are in no legal trouble at all in California about insurance, since the required min required insurance is always included in every rental agreement.

    What you may have to pay is the cost of the repair of the rental car if the wreck is your fault or if the at fault driver has no insurance or won't pay,

    Also if you own another car that has full coverage often it will cover you in a rental car ( not always but sometimes)

    If your car rental people are telling you anything else they are lying to you, to perhaps try and cheat you out of more money. Or they are just stupid about their company rules.

    *** I rent cars all the time,

    And as mentioned, consult an attorney, it appears not only will you have problems due to the wreck, but it appears the rental car company is trying to cheat you also.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #10

    Aug 29, 2006, 11:14 AM
    You shouldn't be in trouble per se. You don't own the car, Enterprise does and it's their responsibility to have the car insured at least to the extent required by California law, same as with any other vehicle owner. If they allowed you to drive an uninsured vehicle then that rests on them, not you. Now, if you're concerned about damage to the vehicle itself, that depends on the extent of coverage Enterprise maintains on its fleet and whether you provided Enterprise with a collision waiver at the time that you rented the car. It used to be standard practice for car rental companies to require their customers to provide a collision waiver prior to taking possession of a rental car. This could be done in several ways ; by paying for it upfront (typically $9 - $10 per day, above and beyond the ordinary rental costs), by using a credit card (provided that the particular credit card you're using provides that perk ; some do, some don't) or by putting it on your own personal automobile insurance policy (as long as you ordinarily maintain collision/comp. damage for your own vehicles on it.) However, in recent years car rental companies have largely done away with this requirement, primarily from coming under too much fire for injecting this "hidden charge" into the cost of renting a car. Now, with that said, any insurance coverage on the damaged car will cover the damage to the extent provided in the level of insurance coverage. Anything above and beyond that should not be your responsibility.
    frauali's Avatar
    frauali Posts: 17, Reputation: 1
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    #11

    Sep 20, 2006, 08:50 AM
    I am kind of in the same boat fshay one. I live in NJ but was in Las Vegas driving a rental car from AVIS (which is registered in California), chose not to have the Loss Waiver Damage. The convertible top flew open and did a lot of damage to their car.. they say I am liable for all damages... I heard they can & will garnish wages. I have a bad financial situation right now and can only afford $20 per month... I know they wanted FULL payment within 3 months. I am afraid they will take further action.. I need to know what they can do to get the money?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #12

    Sep 20, 2006, 09:15 AM
    Hello frauli:

    (Rick is going to move you into your own thread shortly.)

    This is pretty straighforward. However, it's not really very similar to fishay. You damaged the rental car. That's what your liable for. Doesn't matter what you WANT, or can afford (lose in Vegas? ), or even what they want. They CAN sue you in NJ, and probably will. If they get a judgment, they CAN, and I'm sure they WILL, garnish your wages AND your bank account.

    Simple enough.

    excon

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