A “Loss Damage Waiver” is the waiver for a fee from a renter of a rental company’s right to collect from the renter for the loss or damage to the rental vehicle or equipment under certain conditions while the renter has possession of the equipment. “Loss Damage Waivers” are prevalent in the rental care business, among other industries.
One potential problem lies in the types of deductibles, conditions and exclusions which may apply to the waiver. Sometimes the conditions and exclusions are so restrictive, the renter gets little in return for the fee. Another potential problem is the amount of fee the renter pays measured against the loss the rental company is actually waiving. Sometimes the fee may be exorbitant compared to the loss actually being waived.
Our firm along and co-counsel are readying a loss damage waiver class case for trial. The defendant in the case is Hertz Equipment Rental Corporation.