To paraphrase Shakespeare, "To purchase the
CDW or not to purchase the CDW that is the question." It has
been debated for years whether or not a person renting a vehicle
should purchase the Collision (or Loss) Damage Waiver from the rental
company. Our recommendation is that consumers, in general,
sHouLD purchase the CDW/LDW, at least for short-term rentals. our
reasons are given below.
1. Loss Valuation. The Personal
Auto Policy (PAP) covers the lesser of the "actual cash value"
of the vehicleor the amount "necessary" to repair or replace
the damaged property. The rental agreement may very well contractually
obligate you to reimburse the rental company for the "full
value" of the vehicle. The PAP also does not pay for any "betterment"
(increased value of new parts replacing old ones) of the vehicle,
nor any "diminutirsn" of value (if the market
value of the vehicle after repairs is less than that before the
accident).
2. LOSS Settlement. As implied
above, there may very well be disagreement over the value of the
vehicle or the amount charged for labor and materials to repair
it. Your auto policy's Appraisal clause may be invoked with its
accompanying costs. More importantly, the insurance company has
the right to "...inspect and appraise the rlamaged property
before its repair or disposal." However, the rental company,
unlike you, is not contractually obligated to the insurer...it may
choose to make the repairs immediately, potentially resulting in
a lack ol PAP coverage because of failure to comply with this contractual
condition. In any case, purchase of the CDW usually allows the renter
to "walk away" without the headaches involved in adjusting
an auto claim.
3. Loss Payment. The rental
agreement may require immediate reimbursement fot damages, and it
is customary practice for the rental company to charge your credit
card. This can create a significant debt, "max" out the
card's credit limit (perhaps shortening a vacation or business trip),
result in litigation, etc.
4. Loss Damage Waivers (LDW).
Rental agreements often make the renter responsible for any loss
in value beyond normal wear and tear, regardless of the cause and
regardless ol fault. In order for your PAP to respond, you must
insure at least one vehicle for both collision and other-than-collision
(often called "comprehensive") coverage. lf not, your
policy will not respond to rental car damage and loss of use claims.
5. Indirect Losses. You will
most likely be responsible for the rental company's loss of rental
income on the damaged unit. Your policy has limited coverage for
these charges.
6. Administrative Expenses. The
rental contract may make the insured liable for various "administrative"
or loss-related expenses such as towing (e.g., one insured was charged
for a 230-mile tow), appraisal' claims adjustment, storage, etc.
Some of these expenses may not be covered by the PAP.
7. Other Insurance. The PAP
says that it is excess over: (l) any coverage provided by the owner
of the auto, (2) any other applicable physical damage insurance,
and (3) any other source of recovery applicable to the loss travel
policies, credit card coverages, etc. The potential controversy
over who pays what is obvious and can result in litigation. In addition,
keep in mind that many states have statutes, proprietary policy
forms, and/or case law precedents that may govern this and other
rental car exposures.
8. Excluded Vehicles & Territories.
The PAP normally does nor provide physical damage coverage for motorcycles,
mopeds, motor homes, or other vehicles that are not private passenger
autos, pickups, vans, or trailers. ln addition, use of covered vehicles
is limited to the U.S., its territories and possessions, puerto
Rico, and Canada (the rental agreement may also exclude operation
outside a specific geographical area). If you rent a trailer (U-Haul,
camper trailer, etc.), coverage is limited to $500.
9. Excluded Uses & Drivers.
The PAP may have limitations on use of vehicles rhat are not otherwise
excluded by the rental agreement CDW or LDW. AIso, the PAP may include
an exclusionary endorsement for certain drivers or may apply only
to designated individuals-the CDW will probably also only apply
to certain
individuals, but operators for which no PAP coverage is available
may be afforded protection under the rental agreement by adding
them as designated drivers.
10. Additional andlor Future Costs.
The PAP will most certainly include a deductible in the range of
$l00-$500 or more. In addition, payment for damage to a rental car
may result in a significant premium increase (if not nonrenewal)
via surcharges or loss of credits.
Although most CDWLDW fees are considered outrageous, if not unconscionable,
we advise you to purchase the CDW/LDW for short'term rentals. If
anything, this will give you peace of mind while on vacation or
business, and it could save you from a lot of inconvenience and
lost time and money.
Other Tips:
When you rent a vehicle, ask for an advance copy of the rental agreement
in order to determine your contractual obligations for damage...a
few rental car companies post this information on their web sites.
Here is a Iisting of several national rental car company web sites:
ln addition, if you will be faveling abroad, check
out www.carrentals.co.uk
for information abour driving equirements and rental car programs
in Europe and other countries around the world.
Be sure to inspect the rental vehicle for existing
damage to the interior and exterior and get their acknowlegement
of such damage in writing before leaving the premises.
Be sure to take proof of insurance with you on your
trip.
Carry an inexpensive disposable camera with you on
your trip to document existing damage or damage that may occur while
using the vehicle.
Copyright 1999 by lndependent lnsurance Agents
of America. Att rights reserved. Reprinted with permission.
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