Totaled rented car

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Feb 20, 2020
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Hello, I am a foreigner, I have rented a car in the States, I was in a car accident in UTAH, and I am probably at fault. I have CDW and SLI, no credit card insurance, or other insurance, since we do not have them in my country. Police report was made but they said that they can not tell who is at fault, but gave me a citation(fails to yield after stop sign). It was at the intersection, and I had a stop sign, I stoped, check that its empty and continued, then I was hit from the. right side (other driver had no stop sign)witness confirmed that I stop and that she could not see the other car, but police did not wrote that on the report.
Also police wrote all my data wrong in Police report (date of birth, surname).
Not I got a letter from rental company, and the said that " your rental agreement included a damage protection product to relieve you of responsibility for damage to the rental vehicle". and they ask me information about other vehicle and police report (even though a gave them that information before many times).
So the question is - should I give them this information again, if they decide that I am at fault I am gonna lose my CDW ?
 
Sep 23, 2019
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Thank you! do you know if I am gonna lose CDW if I am at-fault?
I would imagine that to be highly unlikely. Among other reasons, that's why you have it - otherwise you could simply go after the other party who was at fault. Any form of insurance that didn't pay if you were "at fault" would be pointless.
The only reasons to worry would be if you were impaired by drugs/alcohol, were using the car in the commission of a crime (e.g. fleeing the scene of a robbery you had just committed), intentional acts (e.g you were trying to hit the other driver because he stole your finace and you were mad at him), or gross negligence. Those would be likely exclusions. But just being "at fault"? No.
 
May 1, 2018
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Thank you! do you know if I am gonna lose CDW if I am at-fault?
Not likely since that would defeat the point of buying insurance in the first place. The only way to void your coverage is to break the rental contract which requires driving recklessly or street racing or going on off-road trails or something similar.

For what it's worth, if you had a stop sign and the other party did not, then there is a very good change that you will be found at fault. It seems you had the right coverage though so you should not owe any additional money out of pocket.
 
Nov 22, 2019
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the CDW covers the rental car, you can return it broken for whatever reason, the rental agency will not go after you.
The SLI covers the other car IF you are at fault.

You said you were a foreigner, you mean a tourist in USA? Make sure to solve everything before leaving USA, to provide the best contact information, especially if it is not clear who is at fault (if you are, the SLI will cover the other car, if you are not, the other guy insurance will cover his car). It mights be possible that the claim from the SLI fails if they decide that you are not at fault (so they don't pay but the other guy insurance), very small possibility but it's better if you can be easily contacted.
 
May 1, 2018
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you can return it broken for whatever reason, the rental agency will not go after you.
That is not correct. Rental companies definitely investigate the cause of the damage before approving claims. If you break the car as a result of committing intentional acts prohibited by the rental contract (racing, going off road, drunk driving, etc.) they will definitely deny coverage.
 
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Feb 20, 2020
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That is not correct. Rental companies definitely investigate the cause of the damage before approving claims. If you break the car as a result of committing intentional acts prohibited by the rental contract (racing, going off road, drunk driving, etc.) they will definitely deny coverage.
that's what I am thinking, so I am scared that they will deny coverage if I am at fault in the accident( ir even if I am party. at fault
 
Feb 20, 2020
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the CDW covers the rental car, you can return it broken for whatever reason, the rental agency will not go after you.
The SLI covers the other car IF you are at fault.

You said you were a foreigner, you mean a tourist in USA? Make sure to solve everything before leaving USA, to provide the best contact information, especially if it is not clear who is at fault (if you are, the SLI will cover the other car, if you are not, the other guy insurance will cover his car). It mights be possible that the claim from the SLI fails if they decide that you are not at fault (so they don't pay but the other guy insurance), very small possibility but it's better if you can be easily contacted.
unfortunately I am not in States already, accident happened more then a month ago(
 
Nov 22, 2019
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That is not correct. Rental companies definitely investigate the cause of the damage before approving claims. If you break the car as a result of committing intentional acts prohibited by the rental contract (racing, going off road, drunk driving, etc.) they will definitely deny coverage.
True. I meant in regular operations (no racing, off-road, unauthorized driver, alcohol, intentional collision, etc...).
 
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Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
If you were not impaired in any way driving I wouldn’t be concerned. It was an accident. You didn’t deliberately drive so you would be hit, right? The other driver might have been speeding and maybe that’s why you didn’t see him when you stopped. If you don’t provide the information to the car rental company they will come after your personally. If you are that concerned, contact an attorney in your country and ask them what to do.

If it were me- I’d send them what they are asking for. But that’s me.
 
Jun 24, 2019
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A few comments.

OP's question was whether he should provide certain information, even if that is a second time, to the rental car company. OP purchased CDW insurance.

We don't provide legal advice here. Moreover, we do not have the contract or contracts which apply. We don't even know the name of the rental car company as OP did not provide it.

On the specific question, of whether OP should provide information, even if that is a second or third time, most insurance contracts have a cooperation clause, requiring the insured to cooperate with the insurer. The rental agreement may have a similar requirement. In the abstract, OP should cooperate, even if it appears repetitive, and a review by a lawyer may well find that OP has a legal obligation to cooperate.

Generally, at a stop sign, one may not proceed unless it is safe to do so. Getting into an accident as OP described probably (but not certainly) means that it was not safe to proceed and thus OP was negligent. That's not a moral judgment.

Even if you have insurance, in most states you may not insure against intentional acts as a matter of public policy. There is nothing here to suggest that OP engaged in an intentional act, rather than just that OP was, at worst, negligent in proceeding when it wasn't safe.

But as to the actual question, provide the requested information as many times as they ask.
 
Feb 20, 2020
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Thank you all guys!
You will be surprised, but Russian lawyers advised me not to get in contact with rental, we really do things differently here)

anyway, I found that:

THE FOLLOWING SHALL INVALIDATE CDW
(3) COOPERATE FULLY WITH OWNER, POLICE AND OTHER AUTHORITIES IN ALL MATTERS CONNECTED WITH THE INVESTIGATION OF THE THEFT.


So I will follow your. advice and cooperate with them
 
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jsn55

Verified Member
Dec 26, 2014
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The question of fault in this accident seems to hinge on the speed the other car was moving. If it was moving too fast, you might not have seen it coming when you stopped at the intersection. We have many drivers here in Northern California who consistently drive as fast as possible on city streets. They do not seem to have had any driver's training. Does the police report state the estimated speed of the vehicle that hit you?
 
Feb 20, 2020
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The question of fault in this accident seems to hinge on the speed the other car was moving. If it was moving too fast, you might not have seen it coming when you stopped at the intersection. We have many drivers here in Northern California who consistently drive as fast as possible on city streets. They do not seem to have had any driver's training. Does the police report state the estimated speed of the vehicle that hit you?
She was just 5 mph over speed limit
 

kenish

Sep 1, 2015
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KSNA
Police report was made but they said that they can not tell who is at fault, but gave me a citation(fails to yield after stop sign). It was at the intersection, and I had a stop sign, I stoped, check that its empty and continued, then I was hit from the. right side (other driver had no stop sign)witness confirmed that I stop and that she could not see the other car, but police did not wrote that on the report.

As others said (and you posted above), you must provide the rental car company or their insurance with any information they request. Refusing to fully cooperate invalidates most insurance...this is true for individual insurance on personal cars, homes, and property too.

Traffic laws are different in each American state so if you're doing research be sure you're looking at Utah traffic laws. However almost all states have the same laws for your situation:

- You must come to a complete stop at a stop sign.
- You cannot go until it is safe.
- The car that hit you was coming from the right, had no stop sign, and has the right-of-way.
- If your street ends at the cross road (T intersection) the other street has right-of-way.

So, having a collision unfortunately means you were at fault for at least one of these things. It does not matter if the other driver was speeding. Luckily, your CDW covers you even though you received a ticket.

Let us know the good ending to this!
 
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