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Uninsured driver in accident w/ rental car

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Old Sep 26, 2010 | 01:49 AM
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Question Uninsured driver in accident w/ rental car

First off, sorry if this is in the wrong section, it's the closest I could find to my question. If there is a more appropriate section, can a Mod please move it? Thanks!

So my good friend who lives in NY 'scratched' the custom fender of a parked bike with his rental car today. The bike's owner was nearby so they came together, exchanged info, took photos, and made a police report. The bike's owner is insisting that the fender will need to be completely replaced, and that it will cost $1000s.

Thing is my friend (who doesn't normally drive in Manhattan) does not have car insurance. He thinks the credit card he used to rent the car has some sort of coverage, but he's not sure if that covers other property other than the rental car itself. The bike owner knows he doesn't have insurance.

I think the bike owner has the following options --
1) sue my friend in small claims court for reimbursement
2) claim compensation via his own uninsured motorist property damage policy (if he has it)

How far off-base am I? And any other insight/advice/thoughts?

Thanks in advance!

Last edited by dandelos; Sep 26, 2010 at 11:28 AM.
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Old Sep 26, 2010 | 03:53 AM
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Visa, MC and Amex all provide some sort of rental car coverage as long as the renter declines the collision damage waiver provided by the car rental company.

NY is a no fault state so I don't know what, if anything this guy can go after
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Old Sep 26, 2010 | 07:50 AM
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Originally Posted by dandelos
So my good friend who lives in NY 'scratched' the custom fender of a parked bike with his rental car today. The bike's owner was nearby so they came together, exchanged info, took photos, and make a police report. The bike's owner is insisting that the fender will need to be completely replaced, and that it will cost $1000s.


He knows that no insurance is involved and is trying to get more. He just threw out numbers. Have that guy provide 3 estimates and go from there. Provide pics of scratch.
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Old Sep 26, 2010 | 11:14 AM
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NY C32: Does AMEX's coverage also cover damage to vehicles other than the rental car itself? Also, I looked up fault vs no-fault, and it appears that the difference only applies to physical injury, and not personal property damage -

When it comes to physical damage to your car or its contents, unlike compensation for bodily injury claims, insurance claims are still based on fault. Those claims are handled in the same way as those in a state with a fault law: by filing a lawsuit against the bad driver or looking to your own collision insurance.
This is the picture of the 'scratch' (see the center of the image) --




amdeutsch: My friend will certainly be asking for valid quotes; in fact I also told him to see if he can get his own quotes for fixing the scratches, vs replacing the fender altogether. Should he be talking directly with the bike owner from here on out, or should he ask to speak with the bike owner's insurance company? Oh and one more thing -- the bike owner is an ex-cop lol.

Thanks guys!

Last edited by dandelos; Sep 26, 2010 at 11:16 AM. Reason: resized image
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Old Sep 26, 2010 | 12:59 PM
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LOL at pic with a request for 1000s. Tell that ex he is full of it and buy him a can of spray paint.
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Old Sep 26, 2010 | 01:02 PM
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Originally Posted by amdeutsch
LOL at pic with a request for 1000s. Tell that ex he is full of it and buy him a can of spray paint.
lol...

Well my friend had a call with the guy this morning. The guy seems to have 'cooled' off and will now be getting quotes for repair/touchup, rather than replacement.

Assuming my friend does end up paying for the repairs out of pocket, is there anything in the way of paperwork etc he should draw up so that the guy doesn't come back later on and ask for $ again (or claim my friend never compensated him)?
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Old Sep 26, 2010 | 01:20 PM
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Originally Posted by dandelos
lol...

Well my friend had a call with the guy this morning. The guy seems to have 'cooled' off and will now be getting quotes for repair/touchup, rather than replacement.

Assuming my friend does end up paying for the repairs out of pocket, is there anything in the way of paperwork etc he should draw up so that the guy doesn't come back later on and ask for $ again (or claim my friend never compensated him)?
Simple written statement: PAID IN FULL with pre and post pics as well as signed by both. The rest would then be between that guy and whoever did the repair work.
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Old Sep 30, 2010 | 05:19 PM
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Originally Posted by dandelos
NY C32: Does AMEX's coverage also cover damage to vehicles other than the rental car itself? Also, I looked up fault vs no-fault, and it appears that the difference only applies to physical injury, and not personal property damage -
Thats correct. Since the damage was done to the guy's motorcycle - its covered. His ego from a "custom painted bike" doesn't count as personal injury - especially since we wasn't even on it at the time
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