Reimbursement for CDW rental insurance?

[luvus29]

I was in an accident that wasn't my fault and fault is not disputed. The other driver's insurance co got me a rental car. I opted for the CDW supplemental insurance because I didn't want to be liable for this rental car. When it came time to pay I asked the insurance co to reimburse me for the CDW ($340) and they said NO. I wrote letters to the insurance co and the driver with no luck. I'm now headed to court.

Last week I found out TN law says the insurance co is NOT liable for the CDW insurance on the rental. I'm not suing the ins. co., but the driver personally. Does this law also state the driver is not liable or just the ins. co. What exactly does this law say. Do I have a case? I don't think I should be out any money when I wasn't at fault! Thanks

Michelle

 

[Duranie]

You did not have to take the CDW insurance. CDW is so expensive and really should only be purchased if the driver/renter has no insurance or coverage of their own, or just wants piece of mind and have a worryfree rental.

Ut is up to you to determine if you have sufficient auto insurance to cover the rental. Also many credit cards offer some protection as well.

You probably will not have any luck getting this money back since it was optional to purchase. Don't get CDW in the future unless you want to pay for it.

 

[luvus29]

I do not have liability insurance on my personal vehicle, so I took it. I will not be liable for a vehicle that is not mine. This should not even be an issue. I only had the rental because this other driver hit me. I would like some legal advice from this issue from a lawyer or legal professional. Thank you.

 

[Duranie]

You are not going to get any legal advice on here. Not many lawyers actually browse this website.

What you have at the most is a small claims issue.


CDW covers the car only. Rental cars already have state required minimums, so lack of liability on your part would have nothing to do with CDW. If you had no collision coverage at all, then CDW protected you.

 

[luvus29]

I mispoke. I don't have collision insurance and that's why I got the CDW. There was no way I was going to be liable for a rental car when the only reason I was in it was an accident that was no fault of mine. Thanks for letting me know there aren't too many actual lawyers on this site. It's very misleading.