Strategies, Challenges, and Answers

Archives for October 2016

If You Don’t Buy Loss Damage Waiver Protection, You May Have To Pay To Repair The Rental Vehicle Even If the Damages Were Not Your Fault.

Elite Moving & Storage, Inc. made a practice of renting trucks from Malco Enterprises of Nevada, Inc.  One of the trucks sustained damage when Elite rolled it over.  Malco demanded that Elite pay the damage.  When it did not, Malco filed suit.Vehicle rental agreements almost universally say that the renter will be responsible for any damage done to the vehicle, even if the driver was not negligent.  Optional LDW protection waives that provision and protects the renter from having to pay … [Read more...]

When Is It Too Late For A UM/UIM Carrier To Intervene In The Underlying Litigation?

Eric and Erwin Lopez were hurt when a negligent and underinsured driver hit their car.  They sued the driver.  As discovery progressed, Eric and Erwin convinced the driver to settle.  However, they would not give the negligent driver a release.  Instead, they offered the driver a Covenant Not to Execute against him in excess of his bodily injury liability limits.  The negligent and underinsured driver accepted.  The bodily injury liability limits were paid and the Covenant provided.  However, … [Read more...]