Monday, August 10, 2015

He's Going Away to School

You nursed him through whooping cough, cheered at his soccer games, and cried when he graduated.  Now he is off to college even though you may not be ready.

There are so many details that need to be addressed, including insurance.  Is there coverage for his laptop and x-box?  Will he be covered if he drives his roommate’s uninsured car?  What if he burns the dorm down with a chemistry project?  Will your insurance cover him when he is away at school?

·         The Need
In addition to property coverage, the student away at school needs liability insurance to cover two basic exposures:
o   Non-owned auto
o   Personal activities
Although the student has no assets, he does have a promising future.  A judgment handed down today could hang over his head for the rest of his life
·         The Parent’s Policies
If the student gets sued for bodily injury or property damage, his parent’s insurance may apply.  The policies provide coverage as long as the student is considered a resident of the parent’s household at the time of loss.  What qualifies a person to be considered a resident of the household is not defined in the insurance policy; the insurance company will make that determination when there is a claim.  This issue has been the focus of numerous court cases; the findings of the court vary from one jurisdiction to another
·         Separate Policies
Those families who feel uncomfortable with this uncertainty, can purchase insurance in the student’s name.  A renter’s policy will provide both property coverage and liability for personal activities.  If the student has an auto policy in his own name, that policy will usually provide liability for driving non-owned autos.  Of course, the additional cost of these policies is always a consideration.


Your insurance agent will be able to advise how your insurance applies to the student away from home and the coverage options that are available.  Then you can make a decision on the steps to take to protect your student’s future.

Monday, August 3, 2015

Beware When You Rent a Car

A Michigan agent alerted me to a new problem with the rental car claim.  Budget Rental now has this clause in their rental agreement:  “If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds”

In this case, the insured rented a Ford Freestar valued at $26,500 and brought it back damaged.  Budget sold the car at auction in its damaged condition for $11,700 and billed the renter for the difference.  The renter’s personal auto policy paid the amount it would have cost to repair the car plus loss of use for a total of $7873.  The renter was responsible for the difference:  $6926.

Does the renter have any recourse?  Not really.  He signed the contract with the rental car company; it establishes his financial obligation.  The wording of the insurance policy determines what the company will pay for the loss.  When the proceeds of the policy do not meet the obligation under the rental agreement, the renter is legally liable for the difference.  Actually, Budget has the contractual right to charge the $6926 to the renter’s credit card.  Had the renter purchased the Loss Damage Waiver (LDW) from Budget, it would have covered all of his legal obligations for the damaged vehicle.


Last week I was in Indiana and I heard a similar claim; this one was with a different rental car company.  The renter was being billed for over $3000 additional after the car had been sold in its damaged condition.