Hertz Car Hire

Honest John Back Room » Legal matters
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Sat 21 Jan 2012 14:47
Hertz Car Hire - alenic

I am an American, living in the USA. I rented a car in July from Hertz at Heathrow Airport. I declined their insurance because my credit card company (American Express) pays for damage to rental vehicles. Also, in Hertz's rental agreement, it states , if you are not at fault, you do not pay for damages. My vehicle got hit by a motercycle trying to overtake me at a junction. The motercycle driver was cited by the police and it was documented in the police report that he was at fault. Hertz was given the information and American Express has been in contact with them. Hertz is refusing to deal with American Express (Not returning calls, not suppying information, etc.). Hertz has now filed claim with a collection agency in the USA for $3,600. They claim we have to pay and try to get the money back from the owner of the motercycle's insurance company. Do I have any rights under English law or must I do as they say (Pay and try to recover at my opwn expense)?

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Sat 21 Jan 2012 15:10
Hertz Car Hire - skidpan

If you were driving without insurance you were breaking the law, simple as that. Paying for damage is different to insurance which covers injury to persons etc thus I suspect you are on thin ice.

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Sat 21 Jan 2012 16:09
Hertz Car Hire - Dave N

Hire car insurance with Amex is fairly standard, so can't what their (Hertz) problem is, Why can't Amex reimburse you, and you pay Hertz?

If Amex then want to pursue the bike rider, that's up to them

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Sat 21 Jan 2012 17:24
Hertz Car Hire - alenic

We weren't driving without insurance. Hertz insures its vehicles. We declined to pay for the extra insurance because we paid for the rental with our American Express card and they cover damages if there is an accident with the rental. My problem is that Hertz won't deal with American Express. They disregarded the claims info we sent to them and have stuck their fingers in their ears and just want us to pay up (Even though in the rental agreement it states that if the accident is caused by someone else, we will not be held accountable). Hertz claims that the other party said the accident was my fault. However, the motercycle driver tried to overtake our vehicle at a junction (Illegal) and he admitted at the scene he was at fault and the police cited him (and he lost his license I believe, as this was not his first infraction - he had actually even been cited minutes before for speeding by the same police officer who responded to the accident). The collection agency stated that Hertz just wants us to pay, as we rented the vehicle, and they are not going to pursue the other party because that is up to us. I am just wondering what my rights are here. It seems if the rental agreement states we won't be held accountable, we shouldn't be held accountable. Also, can Hertz refuse to deal with American Express?

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Sat 21 Jan 2012 20:21
Hertz Car Hire - SlidingPillar

You can't be the first person this has happened to, why not call American Express customer service, explain and ask "what do I do next?"

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Sun 22 Jan 2012 07:40
Hertz Car Hire - Dwight Van Driver

Two avenues to consider: Presume that you paid for the hire with American Xpress. If so go to them and get them on your side to chase Hertz, or

Seems a conflict with Insurance that is not being re9olved and you may be able to get some help from the Insurance Obudsman:

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

dvd

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Mon 23 Jan 2012 15:13
Hertz Car Hire - happy polo

Hmm, a car hire company being pushy over accident damage, there's a surprise! :-/

As a bit of a cinic, I would guess there's a good chance that Hertz have probably invented a substantially inflated repair bill, which in reality is probably considerably less than what they're demanding you pay them. Perhaps they see you as being more likely to cough up the money and go away than a major company like Amex, who I would imagine would demand proof of costs and so on.

Common sense would suggest that you have it all on your side, assuming that your analysis of the hire contract is correct. The accident was not your fault, and whether the other guy wants to tell them that or not is completely beside the point. What help is something official from his insurers, which will remove any doubt. Either way, if your Amex insurance is willing to pay and is actively trying to communicate with Hertz but getting nowehere, then I can't see Hertz having much luck chasing you. The money has been placed on the table in front of them, they have chosen not to take it, so frankly sod them!

I'd write them a letter outlining the issues, make it very clear that you will not be paying them and advise them again to go through your Amex policy if they want the cash. Make it clear that if they don't. you will have no further correspondance with them and will see them in court.

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