Complaint Review: HERTZ - GARDEN GROVE CALIFORNIA

They didn't even show me "the lease document." Instead, they gave me an "Accident Claim Form" and the car title.

This was the information from their website:

If you've carefully checked with your own insurance agent or insurer and the charge card company you use to rent and are fully satisfied with the coverage they provide, you may choose to decline the Hertz Optional Protection Plans.  But if you are not sure about your coverage, or if you have determined you are not adequately covered, accepting the Hertz Optional Protection Plan that suits your needs may be a good choice for you.

It is a decision you have to make upfront and declare to the rental agent at the time you're renting the car that you do NOT wish to add additional insurance.  Otherwise, the default position is you opt for the insurance.  The reality is this:  There would be no way for them to charge insurance to you unless it was in the contract; the insertion of the additional insurance within the contract allows them to charge you.  Now I pulled up a Hertz Rental Contract online for review and somewhere toward the middle part of the contract (page 7 or 8 of 16 of the copy I'm reading) indicates your ability (and option) to purchase additional insurance, or to decline it.  I suppose it depends on the contract in your possession, but it is there.

I'm sure this is not the first car you've ever had to rent.  These contract forms are quite standard - Avis/Budget, Enterprise....they all have it this choice and option to decline.  If you don't remember telling the agent to decline the insurance, that's why the charge is there.  It is what it is.

Actually they showed no such things for me to initial. Instead, they just showed an orange sheet with four or five "options" for me to choose from. However, there's no single option for me to opt out regarding additional insurance.

When you opt to rent a car, company personnel - regardless of company - ask specifically whether you wish to add additional coverage and/or other extras offered by the leasing company.  They will pitch you insurance, but as your agent already indicated, your regular auto insurance coverage would protect you.  Pretty standard throughout the industry with good insurance companies.

Now here is the important part:  When you decline insurance coverage and any other extras - because there are extras you can obtain - you must initial the agreement in each area where you decline extras.  There is a separate area specifically for you as the lessee to decline insurance in your lease contract.  If you failed to initial the area on your contract where you decline insurance, then you are legally charged for the insurance.  There are no if's, or but's.  Not knowing those areas in your contract exist is not a mitigating factor.  It is really a black and white issue; there is no gray.  You either initialed the document or you did not.  Resolution of your claim will depend on the paperwork you signed with the leasing company has your initials, so you should check the paperwork you completed when you went to lease the vehicle.

Now, if you initialed those areas, your claim will be resolved in your favor within a few days.  If you did not inital those areas, there is nothing you or your insurance agent can do about it and your claim will be denied.  Now, if your agent is able to secure a refund and you failed to sign the document, then your agent is a keeper.  Best of luck to you....

They showed me no "terms and conditions" as you said. They just showed four "options" for me to choose from and there's no single option for me to opt out.

 As you describe this, there is NOTHING illegal about what they did! However, for this insurance to have been included in the rental contract, it would have been listed there and you would have had to sign or initial said contract which indicated YOU agreed with the terms and conditions. Did you even bother to READ what you agreed to BEFORE agreeing to it???

COMMON SENSE dictates one should know what they were agreeing to, before agreeing to it. Don't attempt to use the excuses " They rushed me" or "I was in s hurry!" The responsibility of knowing what in the world YOU are agreeing to rests upon you and you alone! That's obvious!