Advice fighting a denied insurance claim by Visa for a car rental?

Question

I was involved in a solo-vehicle accident back in February 2008 resulting in my Hertz car being totaled. I, unfortunately, spoke to the police officer and there are probably 2 issues in the police report that are damaging: first is that I stated I was travelling 50mph in a 35mph zone and secondly that I stated that I "wanted to see what it (the car) was capable of."

I had Visa's rental coverage (collision) with the balance covered by Hertz, but because of the nature of the accident, it was up to Visa to approve/ deny the claim. They ended up denying the claim because "damage to the rental vehicle was a result of lack of reasonable care."

Now I owe Hertz the balance of the value of the car which is substantial, so I'm wondering if anyone has had similar experiences and what processes/ avenues they used to fight the denied claim.

Thanks,

KS

Answer 1

I don't think that you will prevail with Visa's rental coverage but you might also have coverage under your own auto insurance policy.  Most auto insurance policies provide for the coverage to extend to rental cars that have been rented in the USA.  Generally it will cover you to the same extent you would have been covered driving your own car.  So if you have collision coverage you might be covered.

Answer 2

Yep, you shot yourself in the foot...with your mouth. Ever hear the phrase "everything you say can and will be used against you..."? Even though you weren't under arrest, everything you say to an officer can become official if it gets on the report.

Answer 3

If you have reg. car insurance file a claim with them. Your car insurance will go up but you won't have to end up paying a car note for a car that you can't drive.

BTW: Never tell the police something like that again. Even if you are wrong, never tell them something like that.