Purchased CDW/LDW from AVIS.. Collision occured..Segdwick claiming reckless driving to charge me money

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Jun 24, 2019
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See my comment above in Post #8. Write to Avis and simply say that Sedgwick is asking that you pay the cost of repairs for a rental on which you had CDW. Don't get into a debate about traffic laws. Don't offer to compromise, at least at this point. Either Avis will help or it won't. An email to the Avis contacts on this site is a very low cost way to try to deal with this situation.

If you have personal insurance or credit card insurance you can notify them as well. Whether the claim is timely or not is beyond the scope of this forum. But notifying them is also a low cost way to deal with this problem. Let your insurer and your credit card company say no, don't just assume that they will.
 
Dec 23, 2018
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I think you are misunderstanding the purpose of insurance.

You were frustrated with a slow-moving vehicle and steered your own, rented vehicle onto the wrong side of the road to overtake it. It is just unrealistic to expect insurance to pay for that. Insurance does not cover people making consciously informed decisions that are both illegal and contrary to all reason. There is no insurance that covers people making a "lapse of judgement" so severe that it rises to the level of reckless, and I cannot sugarcoat this: There is no argument that pulling your car into the oncoming traffic lane because you are frustrated by a slow vehicle is not absolutely reckless. Insurance does not exist so that people can make reckless decisions without penalty... it exists so that when people make ordinary decisions in the course of their ordinary lives, their lives are not ruined by the consequences.

This is true for all insurance. Don't believe me? Go commit a deliberate crime and see if your homeowner's insurance covers the damages.
Disagree. I am absolutely sure my insurance would cover me under the circumstances, although nonrenewal or a rate increase might be likely.

Also agree the OP might need a lawyer. Doesn't seem right that Sedgwick get to be judge and jury as to a finding of recklessness, in the absence of a ticket for reckless driving. Another avenue might be the state insurance commission.
 
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Apr 10, 2017
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See my comment above in Post #8. Write to Avis and simply say that Sedgwick is asking that you pay the cost of repairs for a rental on which you had CDW. Don't get into a debate about traffic laws. Don't offer to compromise, at least at this point. Either Avis will help or it won't. An email to the Avis contacts on this site is a very low cost way to try to deal with this situation.

If you have personal insurance or credit card insurance you can notify them as well. Whether the claim is timely or not is beyond the scope of this forum. But notifying them is also a low cost way to deal with this problem. Let your insurer and your credit card company say no, don't just assume that they will.
This looks to be the best course of action.
 
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