Maybe you should have walked away from that Mexican rental car

Ah, the ol’ Mexican car rental scam.

You show up at the car rental counter with a confirmed reservation, only to learn that you have to buy mandatory insurance. And before long, you’re paying 20 to 30 percent more than you expected.

It happened to Sheldon Rittenberg when he rented a car through Hotwire at the San Jose del Cabo airport recently.

The rental for was for one week at a rate of $492 including taxes and fees. At the Thrifty counter, I presented my Gold Visa card and declined all insurance as well as my personal insurance to cover the liability.

I was told these instruments were not acceptable and I would have to take Mexican liability insurance or go elsewhere to rent a car. This additional cost that was not accounted for in the Hotwire agreement and came as a shock when I learned it would be an extra $314.

On my return to the U.S.A., I promptly e-mailed Hotwire and Thrifty. I have yet to receive an answer from Thrifty and have had a response from Hotwire refusing any co-operation.

Here’s Hotwire’s non-answer:

I understand that you were billed by the Thrifty agency for insurance and feel this was not correct. I regret any inconvenience this may have caused you.

Car-rental bookings and reservations available through this site are subject to the published rules of the applicable rental agency and Hotwire’s Terms of Use. The following Terms will apply:

Optional items, such as the insurance coverage or optional equipment, or the addition of drivers or days to your rental, must be requested and paid for at the rental counter. Such optional items are not included in Hotwire’s quoted rate and will be charged by the rental agency as an additional expense.

You can find our full Terms of Use for your review by clicking the link below:

http://www.hotwire.com/travel-information/terms.jsp

If we can be of further assistance, please feel free to reply to this email or contact us directly at 1-866-HOTWIRE (468-9473). Thank you for choosing Hotwire.

But insurance wasn’t optional. I thought I would ask Hotwire to take a second look. So I did. Here’s what it had to say:

As it turns out, this booking was a “retail” reservation, not opaque. Hotwire did not collect any booking costs prior to the car’s pick-up, and the customer could have cancelled it at any time without penalty. Based on the circumstances here, it seems like that may have been the best course of action.

In the case of retail bookings, Hotwire is providing a direct connection between the supplier (Thrifty in this case) and the customer. The policies of that particular provider hold true for that reservation, and in our Terms of Use, we note that as well.

We do understand that different rental agencies have different policies on insurance requirements, especially in Mexico, so it can be confusing. That’s why it’s always a good idea to check a supplier’s policies before traveling.

Thrifty is one of the agencies that does require some form of insurance in Mexico now, but if the customer can prove in writing that he has his own insurance that will cover him in Mexico, then the additional Thrifty insurance can be waived. If Sheldon was able to meet that requirement in-person, the Thrifty representative should have accepted it based on their own policies. Unfortunately, it looks like that requirement wasn’t met at the time, and the customer chose to accept the Thrifty insurance.

We’ve reached out to Sheldon to help explain Thrifty’s policies better and to help with future trip planning. Unfortunately, there’s nothing we can do to work on his behalf for a refund in this case, as Thrifty was operating within its own policies.

How interesting. So Hotwire is in effect saying it isn’t a travel agent, but simply a “connection” between Thrifty and the customer. It also seems to be suggesting that while its opaque prices (the ones where you don’t know the company you’re dealing with until after the purchase) are more “all-inclusive” in terms of price, than a retail reservation.

In Hotwire’s view, Rittenberg had an option when he rented the car — he could have walked away from the car. I wonder if he knew that?

I also wonder what the car rental companies would think of Hotwire advising its customers to simply not use a reservation. The car rental industry desperately wants to add cancellation fees to its cars, to prevent people from walking away from their reservations.

Seems the lesson here is to ensure your credit card or car rental insurance policy covers your rental before you show up at the counter.

(Photo: Lucy Nieto/Flickr Creative Commons)

  • Marc

    So, Thrify would have waived the insurance if the customer could prove his auto insurance covered him when traveling in Mexico. BUT… he has to do that IN PERSON, at the counter when he’s picking up the car. How is he supposed to know that? How is he supposed to know to bring that proof with him if that fee wasn’t disclosed? It’s hard to blame Thrifty here (although I would simply love to). I think Hotwire dropped the ball though. It’s very simple to add something to their web page that says “if you are renting a car from Thrifty and you are traveling in Mexico, then you will be forced to pay this insurance fee unless you bring proof that your own insurance covers you”.

  • Liz

    I am very much of the opinion that the the renter is responsible for knowing the laws in the country they’re driving in. I’ve never even been to Mexico and I know it has mandatory insurance.

    Also, Re: Hotwire as a travel agent – haven’t they proven time and time again that they’re not really that concerned about customer service? Why would you expect otherwise?

  • Thalassatx

    Marc asked: How is he supposed to know that? How is he supposed to know to bring that proof with him if that fee wasn’t disclosed?

    He should have checked Thrifty’s terms of service for Mexico before he left home.

    I understand that a person might not check a rental car service’s terms if they’re traveling within the US, but if you’re going out of the country, I would always check to make sure I have everything I need before I go.

  • Carver

    @Liz

    Its not so much the laws of Mexico that are an issue but rather the policies of Thrifty. However, since the reservation was not a opaque reservation, the only question is how much disclosure was necessary.

    I think that Travelocity or Thrifty should have highlighted the potential pitfalls for someone traveling in mexico. Its the same when they highlight that not all car companies accept debit cards for rentals.

  • Chicky

    Wellll, I’ve never been to Mexico, and I didn’t know they had mandatory insurance like that. Although I will agree that an informed traveler should ideally know what the laws are. I wonder if a quick trip to the Thrifty web site would have cleared this up? Surely, their policies are posted somewhere on their site. Or, I might have sent them an e-mail to ask, before I ever boarded the plane.
    Still, you would think any semi-competent agent would know most credit cards carry rental car insurance as part of their package. But I guess nothing is a substitute for having it all in writing. Sigh.

  • John

    One note. There are a number of countries not covered by the “credit card” insurance policies. I know mine doesn’t cover Ireland and I’m pretty sure that it doesn’t cover Mexico either.

    Is the OP sure that she was actually covered and this is a scam? It could be a cause of her assuming that her credit card covered her and it didn’t.

  • Arizona Road Warrior

    Living in Arizona, I know that you must purchased a separte car insurance policy if you are going to drive your car from Arizona into Mexico. It is my understanding that US car inusrance is NOT valid in Mexico, http://www.aaaaz.com/Insurance/mexico.htm.

    If Mr. Rittenberg dealt with a travel agent (online or brick & mortar) that knew the requirements for car insurance while driving a rental in Mexico, he would have know the requirements as well as knowing the real cost of his rental before starting his trip.

  • Aaron

    Wait — so Thrifty and/or Hotwire gave him a rate that they wouldn’t honor? Isn’t that a bait-and-switch tactic? Sounds like a call to the attorney general is in order.

  • tom white

    I don’t accept the Hotwire excuse that they are merely a connection between the buyer and the seller. That is not the way that most of us view the service. We’ve watched the commercials that imply very heavily that they are a trustworthy service (agent) acting on your behalf. As such, you should be able to depend upon them to provide more explicit warning than the generic “there may be hidden fees” that they don’t account for. They should very explicitly detail the types of fees that they are aware of. Many of us don’t travel all that heavily and so aren’t aware of the vast variety of possible fees out there. For all I know there are fees for air in the tires in certain countries, but I wouldn’t know where to check or who to contact to find out. If I need to contact the final service for this information, then what is the benefit provided by going through this aggregator (Hotwire)?

  • Mike

    I would be frustrated as heck on this one if I was told I had to pay extra for insurance when I thought mine would cover me. However, i have to side with the rental agency and Hotwire on this one.

    When I plan to take a trip by car, I almost ALWAYS ask my insurance agent if I am covered in X place. I ask about rental cars and my liability to purchase additional insurance. If I was travelling to a place like Mexico I would have for sure called my insurance company and made sure I would be covered, and they might have even told me I would need proof of coverage.

    This is a case of someone needing to have proof of insurance and realizing they did not have adequate proof. The result rests on them for not doing their homework.

  • Cathy

    Mexican law requires auto insurance be bought from a Mexican supplier. American insurance, including the coverage afforded by credit cards, is of no use in Mexico. Mexico is a foreign country, you should know before you go!

  • Adele

    I’ve been numerous places in the world where I was told I was required to purchase the insurance policy offered by the rental company. That said, most places I’ve been have rates much cheaper than similar LDW policies offered by rental car firms in the US.

    On the other hand, whenever we are forced to purchase a policy from the renter, we are not as careful with the car, and tend to beat the heck out of it (we drove a subcompact through a river once- and out the other side). Whereas if we are covered by our own insurance, we take extremely good care of the car. I wonder if companies consider this effect in their cost analysis study when they require customers to purchase policies (in localities where it is not required by law).

  • Arizona Road Warrior

    @ John – “One note. There are a number of countries not covered by the “credit card” insurance policies. I know mine doesn’t cover Ireland and I’m pretty sure that it doesn’t cover Mexico either.”
    - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -

    U.S. or Canadian automobile liability insurance is not valid in Mexico nor is most collision and comprehensive coverage issued by U.S. companies.

    According to Mexibound.com (www.mexbound.com/car-insurance-for-mexico.php): “If you do not have Car Insurance for Mexico and are involved in an accident, you’ll be taken into custody until it can be determined who is liable and whether you have the ability to pay any penalty. If you do not have Car Insurance for Mexico, you may be prevented from departing the country; even if you require life-saving medical care. Drivers may also face criminal charges if injuries or damages are serious.”

    Also, this website states: “Some policies may cover your vehicle for physical damage; however the Mexican Authorities do not recognize any policies unless it is a valid Mexican Car Insurance Company. You must have a minimum of liability Car Insurance for Mexico in order to be covered.”

    Over the years, I have rented several cars in San Diego, Arizona and El Paso and it there have been signs at the counter and ‘brochures’ in the car stating that the renter can’t drive the rental car into Mexico. The Arizona – AAA does a lot of advertising that a person needs to purchase additional car insurance if they are going to drive a car (personal or rental) into Mexico.

    The bottom line is that if you are going to drive a car (personal, company or rental) into a foreign country, you need to check with your insurance agent if you are covered, if you need to add a rider\addendum to your policy, if you need to purchase a separate policy, etc. I know that some countries, you will need to get an international driver license.

    For me, I will use services of my insurance agent and my brick & mortar travel agent instead using an online travel site such as Hotwire, Priceline, Expedia and etc.

  • Arizona Road Warrior

    Cathy – “Mexico is a foreign country, you should know before you go!”
    - – - – - – - – - – - – - – - – - – - – - – - – - – - – - -
    It amazes me how many people think that US laws\policies\regulations\etc. in regards to consumer protection, insurance and etc. applies to the country that they are traveling to. Recently, Chris Elliott wrote an article about a woman who purchased a tour from a company based in Spain (with no US locations) who wanted to cancel her trip and get a refund. There were several comments posted suggesting to use US consumer protection laws and regulations to resolve that dispute. They missed the point that the company is based in Spain with no US location so Spanish consumer protection laws (if there are any) take precedence not US consumer protection laws.

  • SB

    one way to get around this, if you have an american express card you can pay them around $19/yr and it covers all the insurance except one, which isn’t that costly and required by law. i’ve been renting cars in mexico for years and w/this the daily rate can be as low as 20/day…….

  • Arizona Road Warrior

    @ SB – “one way to get around this, if you have an american express card you can pay them around $19/yr and it covers all the insurance except one, which isn’t that costly and required by law. i’ve been renting cars in mexico for years and w/this the daily rate can be as low as 20/day…….”
    - – - – - – - – - – - – - — – - – - – - – - – - – - – - – -
    Premium Car Rental Protection from American Express, https://www152.americanexpress.com/premium/car-rental-insurance-coverage/home.do?source=CCSG, covers the following:

    Up to $100,000 of primary coverage for damage or theft of a Rental Car.
    Up to $100,000 of Accidental Death or Dismemberment coverage.
    Up to $15,000 for excess medical expenses.

    It does NOT cover loss of use (if it takes three weeks to fix and the daily rental is $ 40 a day…you are on the hook for $ 840 assuming if your personal auto policy doesn’t cover this when driving a rental car or personal car in Mexico), administrative fees (typically $ 200 or $ 300) and liabilities. The cost is $ 24.95 per rental period. In regards to Mexico, you still will need to purchase liability insurance from a Mexican insurnace company.

    On the AMEX website, it states that you can decline the collision damage waiver (CDW) from a rental company but you still need Liability Insurance Supplement (LIS). Depending upon your personal auto insurance policy or company insurance policy, you can probably waive CDW or LDW (Loss Damage Waiver is similar to CDW but includes loss of use and adminstrative costs); LIS and PAI\PEC (Personal Accident Insurance / Personal Effects Coverage) since these items are covered by your policy.

    Depending upon what type of card that you have with American Express, some cards may have more features\benefits than other cards.

  • Byron Cooper

    Credit card companies do not cover liability, which can far exceed collision damage. According to Visa Signature, what is not covered is “Injury of anyone or damage to anything inside or outside the rental vehicle.” American Express does not cover liability either. That includes their Premium Car Rental Coverage which goes beyond the standard American Express coverage, even for Platinum or Centurion cards. I verified this with American Express. Moreover, most US car insurance companies do not cover rental cars outside the US. I checked with GEICO and they do not and they said that is standard for the industry. I always buy the extra insurance in Mexico for this reason. Mexico is not excluded from Visa, MasterCard or American Express for collision damages.

  • Carver

    @Arizona

    A few points that bear discussion in your analysis.

    Re: mexbound – That’s a commercial website trying to sell insurance. As such, its assertions must be viewed with a certain amount of suspicion.

    Also, regarding the woman who purchased the Spanish policy, you cannot make a blanket statement that Spanish law applies. I assume that she was in the US when she make the purchase, and used a US based credit card. Either one is sufficient to muddy the water as to which jurisdiction’s laws apply.

  • Arizona Road Warrior

    @ Carver – “Re: mexbound – That’s a commercial website trying to sell insurance. As such, its assertions must be viewed with a certain amount of suspicion.”
    - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – -
    That is true but the same message is stated by the link that I included for AAA. Living in Phoenix, there is a lot of individuals that travels to Rocky Point in their personal vehicles. The travel segments on the local TV will have a segment from time to time about getting insurance when driving in Mexico. A few weeks ago, the AZ Republic had something on auto insurance when traveling in Mexico. Also, I used to work for a company that had an office in Mexico City so we were aware of the insurance requirements when renting rental cars as well as using the company cars.

    @ Carver – “Also, regarding the woman who purchased the Spanish policy, you cannot make a blanket statement that Spanish law applies. I assume that she was in the US when she make the purchase, and used a US based credit card.”
    - – - – - – - – - – - – - – - – - – - – - – - – - – - – - – -
    The facts of that case was that the Spanish company did NOT had no physical presence (i.e. no office) in the US. It doesn’t matter if she was sitting in her house\apartment in SFO making the reservations over the Internet using an credit card issued by an US bank…the jurisdiction is the location of the business where the credit card is processed which was Spain. It will be a totally different story if the Spanish tour company had an office in NYC for example.

    One of the main reasons why so many of the on-line casinos are domiciled in Costa Rica because the US laws against on-line casinos can’t reach them. Most of their customers are US citizens but the laws of Costa Rica apply.

  • Kevin M

    @Arizona -

    I can’t speak to the case of the Spanish tour company specifically, but simple lack of physical presence in the United States may not be sufficient to immunize them from US law. For instance, if the purchaser’s credit card was a US-based company, it might have a blanket agreement in its terms with vendors who accept the card that in the case of a dispute, the case would be governed by the laws of [fill in the blank: the state where the cardholder lives, the state where the credit card compnay is domiciled, whatever].

    Internet commerce presents a lot of interesting questions regarding venue because the law generally hasn’t kept up with the concept of where a “sale” takes place. The last really big decision in that regard was the holding that (within the US) if state A wanted to force a company located in state B to collect state A’s sales tax on transactions to consumers living in state A, the company had to have some sort of nexus with state A – typically, but not always, defined as a physical presence in state A. Otherwise, even though the sale was taxable to the resident of state A, it was up to state A to go after the consumer and convince him to pay the sales tax.

    With the internet, all sorts of new challenges take place. A person living in New York orders a bedspread from a company in California via the web. The consumer’s internet service is a Delaware company, with the server through which all of the NY customers’ traffic is routed located in New Jersey. The consumer’s bank is located in Florida but its credit card processing facility, where charges and credits are posted, is located in Kentucky.

    The California seller’s internet provider is a Texas company but the seller’s website is hosted in Nevada, and the seller uses a North Carolina-based bank to handle sales of merchandise, with that bank’s credit card processing facility located in Colorado. On top of which, the bedspread is actually made by a company based in Georgia at a plant it owns in Tennessee, and it is drop-shipped directly from the TN plant to the consumer via UPS. In which state does the “sale” actually take place?

  • Bill B

    This is a common scam among the rental car companies in mexico. I had a rental reserved through Europcar and confirmed IN WRITING from Europcar that third party liability was included. Wnhem I arrived in Puerto Vallarta the Europcar staff insisted I needed to pay additional fees for insurance, despite my presentation of written confirmation from Europcar. I declined to rent the car from them. There were at least 6 other car rental companies that wanted my business and I simply negotiated with several until I received the deal I wanted; insurance included. This might not have gone as well if the other rental companies weren’t “hungry”.

  • http://rustysruminations.blogspot.com/ Rusty

    Change the location to Costa Rica and the same thing happened to me. I reserved through AMEX a Thrifty rental. The website said ALL INCLUSIVE including insureance.
    Got to the rental counter and was told that I needed liability insurance to the tune of 60% of the rental cost.
    I tried to show that I had liability with my insurance, but failed.
    Came back took it up with AMEX who said – sorry.

  • http://www.cockam.com ajaynejr

    1. If the rental company’s policies (rules) do not say you must buy coverages (for example non-citizens of the country of rental may be required to) then the rental company may not demand that you buy coverages in order to rent the car.

    2. If you are not sure your own insurance or your credit card coverages cover the rental car, then you should select appropriate optional coverages from the rental company anyway.

  • virgorising

    Many years ago, when I was younger and more “lovely”, I drove to Mexico (in an original Austin Mini Cooper S). I originally got the Mexican insurance, but as I was there for many weeks (in Acapulco), I ran out of $$ and let it lapse. The day I decided to renew it, a Mexican Taxi driver rear ended me as I was sitting still at a red light. He was somewhat intoxicated. Nevertheless, since I had not yet renewed the insurance, the police took ME to the police station and charged ME with the “crime.” (even tho’ my Mini was severely damaged). I sat in the station for many hours, crying as loudly as I could, until they realized I had no money and told me to go home and return the next day. I did that, cried some more and they finally realized they weren’t going to get any $$ and sent me away. This ONLY worked because of my age and the times (the 60′s). Bottom line is, don’t ever drive in Mexico without Mexican insurance. BTW, you also can’t leave a car in Mexico that you’ve brought in, no matter how badly damaged. It took me 6 weeks to get the Mini fixed enough to limp home with it.

  • travel queen

    We rented a Jeep for a day in Cozumel and someone stole the stick shift out of it in the hotel. Course we had to pay $50 bucks to replace it even with the insurance. I’d bet it was an inside job too.

  • crzybread

    I am with @arizona. The reason we get in trouble most of the time outside the good ol USA is we assume that we are protected by our laws in the USA. Perhaps we should remember that the laws of other countries applies, not ours. Last I checked we still do not own the world.
    Oh yes, I have travelled in many countries, perhaps more than your ages, and I have alwasy obeyed or closely followed their rules and laws. Never had I problems with credit cards, cars, hotels, airlines, tours, you name it. Simply put, they have their rules, we have ours. Disobey at your peril and you will be writing the ombudsman.

  • Jerry Mandel

    Citicard.com Visa or MC AAdvantage BUSINESS cards cover you as PRIMARY coverage in Mexico and many countries but one MUST decline the rental agency insurance. Just make up a business name and get the BUSINESS card and AA bonus miles, too.

  • Jerry Mandel

    Citicard.com Visa or MC AAdvantage BUSINESS cards cover you as PRIMARY coverage in Mexico and many countries but one MUST decline the rental agency insurance. Just make up a business name and get the BUSINESS card and AA bonus miles, too.

  • Jerry Mandel

    Citicard.com Visa or MC AAdvantage BUSINESS cards cover you as PRIMARY coverage in Mexico and many countries but one MUST decline the rental agency insurance. Just make up a business name and get the BUSINESS card and AA bonus miles, too.