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Who should or will end up paying for the rental car damage?

Houston, TX |

I was driving a hertz rental car and was hit by another driver from the back while at red light. The driver was at fault but had no insurance. I rented the car using my amex which said it would cover for collision damage. Filed a claim with amex who said "insured for Automobile Liability under a Texas Auto Policy. Accordingly, you will need to submit a claim with your personal automobile insurance carrier. our coverage is in excess of any other applicable insurance coverage . Furthermore, Texas Auto Policies should provide coverage under the Auto Liability section of your policy and no deductible would apply"

I do not own a car but live in texas so have non owner auto liability insurance. At time of rental declined coverage cause of credit card. M confused who should be paying here?

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Attorney answers 5


Submit the claim to your insurance company. When they deny the claim (which I think they will), send a copy of the denial letter the amex and tell them to pay. If they are excess, they become primary once the primary carrier denies the claim. Good luck,

[henry picture]
Henry Moore, Attorney
Board Certified, Personal Injury Trial Law
316 W. 12th, #318
Austin, Texas 78701
512-476-6212 fax

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Mr. Moore's suggestion should work for you. Also make sure that you did not purchase collision coverage from Hertz.

John Zgourides

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


Then put the claim in with your insurance company, and when you get the denial letter, send it to AMEX


You need to submit the claim to your insurance company - if they cover it problem solved, if they do not send the denial letter to AMEX and they should then be "in excess" of any other applicable coverage.

This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.


Call AMEX and tell them that you owned no car at the time of the accident and, therefore, had no personal auto insurance policy. If they don't change their tune, send a certified letter stating the same thing and requesting a response in writing within 15 business days. If they response is still a denial, take it to a personal injury lawyer who handles insurance bad faith claims.

All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

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