But for the overwhelming masses, its still quite the question mark. Do we or Don't we...that is the question.
A while back, I was asked this very same question on a travel forum. Here was my answer (edited for grammar...well...a bit). It explains the state minimums. In my next post, I will explain the in's and out's of car rental insurance and when it would be best to use it.
State Minimums according to law.
In this graphic he first two numbers refer to the amount of personal injury coverage per accident as 50,000 per person injured and 100,000 maximum per accident (see Alaska). The final figure refers to the total amount paid for property damage which in this example is 25,000. Car Rental Companies for the most part provide this level of liability insurance, called Basic Liability Insurance, on EVERY Rental Car Dependent upon state of Rent. On one way rentals, the State of Origin Represents the Coverage limits on Accidents Occurring Out of State.
NOTE: These Coverages are the basic coverages required by law. Certain States have laws that Dictate exactly how this coverage is used. See the end of the list for further information on Coverages. If anyone here knows who is primary and who is secondary in each state, Ill update this list.
Alaska 50/100/25
Alabama 20/40/10
Arkansas 25/50/15
Arizona 15/30/10
California 15/30/5 (state minimums, but rental cars are exempt, CALIFORNIA: Automobile Liability and Property Damage Protection is not included in the rental rate. The customer may provide automobile liability insurance through their personal insurance policy or may purchase Additional Liability Insurance.
Translation: California does not require any insurance proof on rental cars, but requires Rental Car companies to show proof as owners, therefore there is no basic insurance at all as far as the customer/renter is concerned. You may purchase additional or use your personal policy in the state if your policy allows for it.)
Colorado 25/50/15
Connecticut 20/40/10
Delaware 15/30/5
Florida 10/20/10
Georgia 15/30/10
Hawaii 20/40/10 (In Hawaii, your personal car insurance is primary, regardless of credit card coverage. LDW and ALI Circumvents that and would be primary. I know this from personal experience, dang nabbin lava rocks!)
Idaho 20/50/15
Illinois 20/40/15
Indiana 25/50/10
Iowa 20/40/15
Kansas 25/50/10
Kentucky 25/50/10
Louisiana 10/20/10
Maine 50/100/25
Maryland 20/40/10
Massachusetts 20/40/5
Michigan 20/40/10
Minnesota 30/60/10
Mississippi 10/20/5
Missouri 25/50/10 (MISSOURI: Avis does not provide Automobile Liability Insurance and Property Damage Protection unless the renter /authorized driver does not carry a personal automobile liability insurance policy. If the renter or authorized driver does not carry a personal automobile liability insurance policy, Car Rental companies will provide this coverage up to the financial Responsibility Limits (FRL) at no additional charge in most cases.
Translation: Under Missouri law, Car rental companies do not provide any insurance if you have your own insurance policy. If you do not have any insurance, then the car company will provide it free of charge to the state minimums. you can purchase additional if you desire. This law basically means that the car rental company will never be primary on insurance if the renter has a policy in their own name. Even if you lie to the rental company, they can do an insured search (post accident) and if your name comes up with a policy anywhere, your responsible for all liability. Essentially, Car Rental Companies are a non entity in this state under any lawsuit for damage you incur if you have your own personal insurance. so no sense in purchasing any insurance at all here unless you are from out of country)
Montana 25/50/10
Nebraska 25/50/25
New Hampshire 25/50/25
New Jersey 15/30/5
New Mexico 25/50/10
Nevada 15/30/10
New York 25/50/10 (NEW YORK: Car Rental companies provide liability coverage for its vehicles as required by applicable law. In most instances, this will include coverage for the renter or authorized driver up to the Financial Responsibility Limits of the applicable jurisdiction at no additional charge.
Translation: New York used to not allow the sale of insurance to its customers and required LDW and State minimum ALI to be included in price, which is why New York prices tend to be more expensive. The following changes to the law, effective February 24, 2003:
* In accordance with the provisions of the statute, car rental companies may hold authorized car rental drivers liable for actual damage to, or loss of, a rental vehicle, up to the full value of the vehicle. (Previously, authorized drivers were only held liable for damage up to $100, except in certain limited circumstances)
* Car rental companies will be permitted by the NY state law to offer for a daily fee OPTIONAL Collision Damage Waiver (also known as Loss Damage Waiver) vehicle protection. (Previously, car rental companies were not permitted to offer these optional products.)
What this means that most car rental companies, in New York, provides liability coverage up to the state minimums, where before it used to include everything.)
North Carolina 25/50/10
North Dakota 25/50/25
Ohio 12.5/25/7.5
Oklahoma 10/20/10
Oregon 25/50/10
Pennsylvania 15/30/5
Rhode Island 25/50/25
South Carolina 15/30/10
South Dakota 25/50/25
Tennessee 25/50/10
Texas 20/40/15 (TEXAS: Automobile Liability and Property Damage Protection is not included in the rental rate. The customer may provide automobile liability insurance through their personal insurance policy or may purchase Texas Automobile Rental Liability Insurance. )
Translation: The state of Texas regulates the insurance of car rentals in the state. They fix the price and coverages for liability and from what I see may even administer it. It does say that Car Rental companies cannot force you to buy liability insurance and it warns you that the Car rental company does not provide any coverage whatsoever unless you purchase it directly from them. Liability is through your own insurance if allowed by your company, and through their TARLI program. Vehicle damage is still your responsibility and LDW can be purchased. In state residents are required to show proof of insurance at the time of rental (I have been told, and many texas renters tend to bring their proof of insurance with them when they travel). )
Utah 25/50/15 (UTAH: Car Rental Companies do not provide Automobile Liability Insurance and Property Damage Protection unless the renter or authorized driver does not carry a personal automobile liability insurance policy. If the renter or authorized driver does not carry a personal automobile liability insurance policy, Avis will provide this coverage up to the Financial Responsibility Limits (FRL) at no additional charge.
Transalation: Under Utah law, Car Rental Companies do not provide any insurance if you have your own insurance policy. If you do not have any insurance, then Most Car Rental Policies will provide it free of charge to the state minimums. you can purchase additional if you desire. This law basically means that the car rental company will never be primary on insurance if the renter has a policy in their own name. Even if you lie to the rental company, they can do an insured search (post accident) and if your name comes up with a policy anywhere, your responsible for all liability. Essentially, the rental company is a non entity in this state under any lawsuit for damage you incurr if you have your own personal insurance. so no sense in purchasing any insurance at all here unless you are from out of country)
Virginia 25/50/20
Vermont 25/50/10
Washington 25/50/10
Wisconsin 25/50/10
West Virginia 20/40/10
Wyoming 25/50/20
In some states the liability coverage that is provided is excess to any other applicable coverage. This means the renters personal automobile liability insurance is used first and the Avis protection will not apply until the renters/authorized drivers insurance, if any, has been exhausted. Please check with the rental agent or nearest Avis reservation center regarding the applicability of automobile liability coverage to specific locations.
transalation: Your personal insurance may be primary depending upon the state in liability issues. HOWEVER, LDW is "loss damage waiver", not "loss damage insurance" which means that the wavier is not an insurance, therefore there is no damages that should be reported to your insurance company, rendering the damage to rented vehicle question moot. But damage to other person and property would go according to state law. In some states, your personal insurance is ALWAYS primary. In others, credit card and purchased additional insurance is primary. ask each state you visit for the difference.
www.carrentalinsider.com
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