Research Summary
Three Numbers That Frame the Daily Cost
A regulator’s baseline, a dated counter observation, and the lowest of the three state caps this project verified.
The sum of the NAIC’s typical daily ranges for the damage waiver, supplemental liability, personal accident and personal effects coverage.[1]
Consumers’ Checkbook priced a Budget rental with a $30.99 damage waiver, $18.32 supplemental liability and $9.95 personal accident/effects — on a car whose base rate was $36 a day.[7]
New York caps the damage waiver at $9, $12 or $15 a day by vehicle price up to $50,000, in the version of the law in effect until June 30, 2028.[8]
The Four Products Behind the Daily Total
“Rental car insurance” is not one product. The National Association of Insurance Commissioners — the organization of state insurance regulators — breaks the counter offer into four separately priced items and publishes a typical daily range for each.[1] Each item protects a different pile of money: the rental company’s car, other people’s bodies and property, your own medical bills, and the bags in the trunk.
The largest item is not insurance at all. The damage waiver — sold as a Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) — is a contract term in which the rental company agrees not to bill you if its car is damaged or stolen. The Insurance Information Institute describes an LDW as “not technically an insurance product.”[2] The price varies with the vehicle: National publishes a California LDW range of $10.99 to $500.00 per day “depending on the type of vehicle rented.”[5]
The rental company’s own published averages often sit above the regulator’s typical ranges. Enterprise states that its Supplemental Liability Protection averages $8.44 to $42.38 per day depending on location and that its Personal Effects Coverage averages $5.99 to $15.67 per day — both reaching well past the NAIC’s upper figures of $14 and $5.[3][1]
Regulator ranges vs. company disclosures
Daily Cost by Rental Counter Product
| Product | What It Covers | NAIC Typical / Day | Company-Published / Day |
|---|---|---|---|
| Damage waiver (CDW / LDW) | Damage to or theft of the rental car itself. Not an insurance policy — a contract term waiving the company’s right to bill you. | $10 – $20 | Enterprise: varies by location and vehicle; Avis: “as low as $9/day”; National (California): $10.99 – $500.00[1][3][4][5] |
| Supplemental liability (SLI / SLP) | Claims by other people for injuries and property damage, above any liability coverage the rental company provides, which varies by company and state. | $7 – $14 | Enterprise SLP: $8.44 – $42.38 average, up to $300,000 combined single limit[1][3] |
| Personal accident (PAI) | Medical, ambulance and accidental death benefits for the renter and passengers. | $1 – $5 | Enterprise PAI (truck locations only): $2.68 – $8.50 average[1][3] |
| Personal effects (PEC) | Theft of or damage to belongings inside the car. | $2 – $5 | Enterprise PEC: $5.99 – $15.67 average[1][3] |
What Counters Have Actually Charged
Rental companies set protection prices by location and car class, so few of them post a single national number. Independent consumer testers fill that gap by pricing real bookings. Their results are secondary sources — snapshots of specific rentals on specific dates — but they show where the NAIC’s typical ranges sit relative to the counter.
In its July 2024 investigation, Consumer Reports found a Hertz collision damage waiver priced at $45 per day and liability coverage at about $13 a day at National, $15 at Budget and up to $17 at Enterprise.[6] A year later, Consumers’ Checkbook priced a Budget rental whose base rate was $36 per day. Adding the Loss Damage Waiver ($30.99), Supplemental Liability Insurance ($18.32) and Personal Accident and Effects ($9.95) produced a $59.26-per-day “full coverage” total — about 1.6 times the price of the car itself.[7]
Set side by side, the gap is concrete. The NAIC places the damage waiver at $10 to $20 per day.[1] Checkbook reported damage coverage at major agencies ranging from $27 to $42 per day in July 2025 — so the regulator’s upper figure sits below the lowest agency price Checkbook reported.[7] Treat the NAIC ranges as illustrative rather than a quote — prices can fall below them too, as Avis’s “as low as $9/day” waiver shows — and read the actual charge on the rental agreement before initialing it.[4]
Dated observations from independent testers
Observed Rental Counter Protection Prices
| Source (Date) | Damage Waiver | Supplemental Liability | Other |
|---|---|---|---|
| Consumer Reports (July 2024)[6] | Hertz: $45/day | National ~$13; Budget $15; Enterprise up to $17 | Members’ average rental rate: $86/day including taxes and fees |
| Consumers’ Checkbook (July 2025)[7] | Budget: $30.99/day; major agencies $27 – $42 | Budget: $18.32/day; major agencies $13 – $16 | Budget personal accident/effects $9.95/day; full package $59.26/day on a $36/day base rate |
The States That Cap the Damage Waiver Price
Most state rules on damage waivers govern how they are disclosed and sold rather than what they cost. A 2021 California Senate Judiciary Committee analysis described California as “one of only three states with a statutory cap on optional damage waivers,” naming New York and Nevada as the other two, and quoted concerns that the waivers “can routinely double the cost of [a] rental.”[10] That count is the committee’s as of 2021; this project verified the current caps in those three states but has not re-surveyed the other 47 states and the District of Columbia.
New Yorksets the lowest ceilings. General Business Law § 396-z limits the daily charge for “optional vehicle protection” to $9 when the car’s manufacturer’s suggested retail price (MSRP) is $20,000 or less, $12 from there up to $35,000, and $15 from there up to $50,000; above $50,000 the charge is subject to fair market value rather than a dollar cap. The statute marks this version as applying until June 30, 2028.[8] New York also removes a cost most other states allow: subdivision 6 provides that damages for “loss of use of a rental vehicle and related administrative fees shall not be recovered from any authorized driver or his or her insurer.”[8]
Californiacaps the waiver at a $25 base rate, but only for cars in the economy, compact, intermediate, standard and full-size categories. Civil Code § 1939.09 adds that “starting January 1, 2023, and each January thereafter,” the cap rises by the prior year’s increase in the Consumer Price Index for All Urban Consumers (CPI-U).[9] The current ceiling is therefore somewhat above $25; this project did not locate an official published figure for the adjusted amount, so check the California disclosure on your rental agreement. Cars outside those five categories are not covered by the cap, and National publishes a California LDW range of $10.99 to $500.00 per day “depending on the type of vehicle rented”; National does not say which class carries the top figure.[5]
Nevada sets the highest caps and indexes both to inflation: a $22 base per rental day for most cars and a $150 base for cars with an MSRP above $60,000, each adjusted every fiscal year by the Consumer Price Index (West Urban), with the adjusted amounts published annually by the state. Any Nevada advertisement that quotes a rental rate must also state the waiver charge and that the waiver is optional.[11] Because the base years run back to 2005 and 2017, the adjusted caps in force today are higher than the statutory base figures; confirm the current amount on the rental agreement.
Statutory damage waiver caps
Damage Waiver Price Caps by State
| State | Daily Cap | Scope & Related Rules |
|---|---|---|
| New York | $9/day (MSRP ≤ $20,000); $12/day ($20,000 – $35,000); $15/day ($35,000 – $50,000); above $50,000 subject to fair market value | Version in effect until June 30, 2028. Loss of use and related administrative fees may not be recovered from an authorized driver or the driver’s insurer.[8] |
| California | $25/day base, raised each January since 2023 by the CPI-U increase | Applies only to economy, compact, intermediate, standard and full-size categories. SUVs, minivans, premium and luxury classes fall outside it.[9][5] |
| Nevada | $22/day base (MSRP ≤ $60,000); $150/day base (MSRP > $60,000); both adjusted each fiscal year by CPI (West Urban) | Nevada publishes the adjusted amounts annually. Rate advertisements must state the waiver charge and that it is optional. Under the statute as amended in 2025, a rental company may require proof of minimum liability insurance and, if it does, may sell or refer a temporary policy to a renter without proof.[11] |
Nevada: proof of insurance may be required
Nevada amended NRS 482.31565 twice in 2025. As the statute now reads, a short-term lessor “may require” proof of insurance meeting the state minimums in NRS 485.185 as a condition of renting a passenger car. If a company chooses to require proof and a renter cannot provide it, the company may sell a temporary policy or refer the renter to a third party that does, at a rate that may not exceed “the standard market rate for similar policies of insurance,” and may refuse the rental if the renter declines. The damage waiver itself remains optional.[11] For more on how other companies check coverage, see do rental car companies require proof of insurance.
The Coverage You May Already Be Paying For
For a renter who owns an insured car, the most useful daily cost figure may be zero. The Insurance Information Institute states that “whatever auto insurance and deductibles you have on your own car would apply when you rent a car (providing you are using the rental car for recreation and not for business).”[2] The NAIC says the damage waiver “may be unnecessary” if you already carry comprehensive and collision coverage on your own vehicle.[1]
The mechanism sits in the policy form. Many personal auto policies are built on the Insurance Services Office (ISO) Personal Auto Policy, and a rental car usually counts there as a “non-owned auto.” Edition PP 00 01 09 18 provides that for a loss to a non-owned auto, the insurer will “provide the broadest coverage applicable to any ‘your covered auto’ shown in the Declarations.”[12] If collision coverage sits on even one of your cars, it reaches the rental car, minus your deductible. Under this specimen form, a liability-only policy has no collision coverage to extend, and the rental car’s damage falls on you — though your liability limits still apply.
State law can override that result. New York’s Department of Financial Services says New York requires rental vehicle coverage in motor vehicle liability policies that insure fewer than five vehicles and are issued to individuals or married couples, with exceptions such as most trucks, so a qualifying policy covers damage to a rental car even without collision or comprehensive coverage. That coverage “is not subject to the limit of property damage liability” of the policy.[17] Check how your own state and policy treat rental car damage before relying on either rule.
The same form limits what the policy pays toward one fee the rental company may bill: “the most we will pay for any expenses for loss of use is $30 per day.” That payment sits inside the form’s Transportation Expenses provision, which carries an overall maximum of $900 and its own conditions on when expenses begin to count.[12] The $30 limits the insurer’s payment, not the rental company’s bill: a company billing loss of use at a higher daily rate leaves the difference with you. Carriers adapt the ISO form and file their own versions, so read your declarations page and policy before relying on these figures. For a clause-by-clause walk-through, see does your personal car insurance cover rental cars.
Credit card benefits: free per day, narrow in scope
Complimentary card rental benefits cost nothing per day, but the collision damage waiver benefits described here cover the car and nothing else. The Visa Signature Guide to Benefits published by Credit Union of America — one issuer’s terms, which state that eligibility is determined by the financial institution — describes a common secondary design: with personal auto insurance in place, the benefit reimburses the deductible portion of that insurance along with unreimbursed administrative and loss-of-use charges and reasonable towing. It “covers no other type of loss” — no liability, no injuries.[13] Accepting the rental company’s damage waiver “will cancel out Your benefit,” and coverage stops at 15 consecutive days within your country of residence and 31 days outside it.[13]
Some cards pay first rather than second. Chase states that its Sapphire cards provide primary coverage for “theft, damage, valid loss-of-use charges, administrative fees and reasonable towing charges,” up to the car’s actual cash value on the Sapphire Preferred and up to $75,000 on the Sapphire Reserve, for rentals lasting less than 31 consecutive days. Peer-to-peer and hourly rentals are excluded.[14]
A paid, flat-fee option changes the per-day math. American Express sells enrolled cardmembers Premium Car Rental Protection, per its plan summary, at $19.95 per rental ($12.25 for Florida residents, $15.95 for California residents) for up to $75,000 of primary damage and theft coverage, or $24.95 ($15.25 Florida, $17.95 California) for up to $100,000. It covers the first 42 consecutive days of a rental (30 for Washington residents), adds accidental death, medical and personal property benefits, and does not include liability. It is not available to residents of New Hampshire or U.S. territories, and the plan summary notes that a purchaser’s actual plan terms may differ from it.[15] Spread across a seven-day rental, the $24.95 plan works out to about $3.56 per day; the same week with Budget’s July 2025 waiver of $30.99 per day would cost $216.93.[7]
Liability is the product cards never replace
Do not assume the rental company supplies liability coverage for you. New York’s Department of Financial Services states that, under a New York Court of Appeals decision, “a rental vehicle company is not required to provide minimum liability coverage to a renter while renting a vehicle,” and advises asking the company whether it will provide that coverage before taking the car. Rules in other states differ, so ask at any counter.[17] A renter whose own policy carries liability limits above the state minimum brings those limits into a rental used for personal travel. A renter with no auto policy may have no liability coverage at all unless the rental company provides it, which makes supplemental liability — $7 to $14 per day in the NAIC range, $8.44 to $42.38 in Enterprise’s published averages — the counter product most worth pricing.[1][3]
What Declining Costs When Something Goes Wrong
Declining the waiver moves the daily cost to zero and moves the risk onto your own coverage. The repair bill is only part of what a rental agreement can charge. A version of Enterprise’s rental terms submitted to the Vermont Legislature in April 2018 spells out the add-ons: loss of use calculated as total repair labor hours divided by 4, multiplied by the daily rate; claim administrative fees of $50, $100 or $150 by the size of the estimate; and diminishment of value at 10% of the repair estimate when damage exceeds $499.[16] Current contracts may use different figures, but the structure shows how the charges stack.
Run a hypothetical through those 2018 formulas. A car rented at $55 per day comes back with a $1,200 repair estimate that includes 12 labor hours. Loss of use is 12 ÷ 4 = 3 days × $55 = $165. The administrative fee is $100. Diminishment of value is 10% of $1,200, or $120. Those three lines add $385 to the repair bill. A renter relying on a personal policy with a $500 collision deductible could face up to $885 out of pocket if the insurer paid none of the fee items — and the ISO form would pay at most $30 of each $55 loss-of-use day.[12]
That exposure is what the daily waiver price buys down, and it is why the location matters: in New York, the $165 loss-of-use charge and the $100 administrative fee could not be recovered from the driver at all.[8] For the full picture of what a rental company can bill after damage, see what happens if you damage a rental car without insurance.
Building a Realistic Budget for a Seven-Day Rental
Multiplying each verified daily figure by seven shows how quickly the options diverge. At the NAIC’s high end, full counter coverage for a week costs $308; at the Budget price Checkbook observed, $414.82. Both totals include supplemental liability. A flat-fee card product is not a substitute for that full package: the $24.95 Amex plan covers damage to and theft of the car, plus its stated accidental death, medical and personal property benefits, and excludes liability. A renter relying on existing coverage pays nothing at the counter but carries the deductible and fee exposure described above.
Daily figures multiplied by seven
Rental Protection Cost for a Seven-Day Trip
| Scenario | Per Day | 7 Days | Basis |
|---|---|---|---|
| All four products, NAIC low end | $20 | $140 | NAIC typical ranges[1] |
| All four products, NAIC high end | $44 | $308 | NAIC typical ranges[1] |
| Budget “full coverage” package (observed July 2025) | $59.26 | $414.82 | Consumers’ Checkbook[7] |
| Hertz damage waiver only (observed July 2024) | $45 | $315 | Consumer Reports[6] |
| Damage waiver only, New York car with MSRP ≤ $20,000 | ≤ $9 | ≤ $63 | GBL § 396-z cap[8] |
| Damage waiver only, California economy to full-size | $25 base cap plus CPI-U increases | $175 plus increases | Civil Code § 1939.09[9] |
| Amex Premium Car Rental Protection Plus (flat $24.95 per rental; damage and theft plus stated extras, no liability) | ≈ $3.56 | $24.95 | Amex summary of terms[15] |
| Decline all; rely on personal policy and card benefit | $0 at the counter | $0 at the counter (deductible and fee gaps remain) | ISO policy form; Visa guide[12] |
When the Daily Charge Is Most Likely Worth Paying
The sources above point to a short list of situations where existing coverage runs out and a counter product fills a real gap:
- You have no personal auto policy.There is no collision coverage to extend to the rental car and no personal liability coverage — and the rental company may not provide liability coverage for you, so ask.[12][17]
- Your policy is liability-only. Your liability limits follow you, but under the ISO specimen form there is no collision coverage to extend to the rental car, so the damage waiver or a card benefit is what stands between you and the repair bill. A qualifying New York liability policy is an exception: it includes rental vehicle damage coverage.[12][17]
- The rental is for business.The Insurance Information Institute ties its general statement about personal coverage to rentals used “for recreation and not for business.” Business use does not automatically end coverage — the ISO form’s business-use exclusion carves out private passenger autos, pickups and vans — so whether your policy responds depends on its terms and the use involved. Check with your insurer or employer first.[2][12]
- The trip is longer than your card allows. The Credit Union of America Visa Signature benefit stops at 15 consecutive days at home; Chase covers rentals under 31 days.[13][14]
- The car is outside the capped classes.California’s cap stops at full-size cars, and New York’s dollar caps stop at $50,000 MSRP.[9][8]
- You are driving into Mexico.National states that its damage waiver “does not apply to damage occurring in Mexico,” so check the rental company’s cross-border terms before the trip.[5]
If a trip-protection plan is already part of your travel budget, compare it against the counter before you arrive; see does travel insurance cover rental car damage.
Frequently Asked Questions
How much does rental car insurance cost per day?
The National Association of Insurance Commissioners lists typical daily costs of $10 to $20 for a collision or loss damage waiver, $7 to $14 for supplemental liability, $1 to $5 for personal accident insurance and $2 to $5 for personal effects coverage, or about $20 to $44 per day for all four. Counter prices can run higher: Consumer Reports observed a $45-per-day Hertz damage waiver in July 2024, and Consumers’ Checkbook priced a Budget full-coverage package at $59.26 per day in July 2025.
What is the most expensive part of rental car insurance?
Usually the damage waiver. It carries the highest NAIC range of the four products, $10 to $20 per day, and independent testers have observed $27 to $45 per day at major agencies in 2024 and 2025. In California, National publishes a damage waiver range of $10.99 to $500.00 per day depending on vehicle type.
Is the rental company’s damage waiver actually insurance?
No. The Insurance Information Institute explains that a loss damage waiver is not technically an insurance product; it relieves the renter of financial responsibility if the car is damaged or stolen. Supplemental liability, personal accident and personal effects products, by contrast, are generally insurance policies.
Which states cap what rental companies can charge for the damage waiver?
A 2021 California Senate Judiciary Committee analysis described California as one of only three states with a statutory cap, alongside New York and Nevada; this project has not independently re-surveyed all 50 states since. New York General Business Law § 396-z caps it at $9, $12 or $15 per day by vehicle price up to $50,000 MSRP. California Civil Code § 1939.09 sets a $25 base cap, adjusted each January since 2023 for inflation, for the five smallest car categories. Nevada’s statute sets $22 and $150 base caps adjusted annually for inflation.
Does my personal car insurance make rental car insurance unnecessary?
It can replace much of it for personal trips. Under the ISO Personal Auto Policy form PP 00 01 09 18, a loss to a non-owned auto receives the broadest physical damage coverage you carry on any of your own cars, subject to your deductible, but the form limits loss-of-use payments to $30 per day. Under that specimen form, a liability-only policy has no collision coverage to extend to the rental car. New York is an exception: its Department of Financial Services says qualifying New York liability policies issued to individuals or married couples include rental vehicle damage coverage even without collision or comprehensive coverage.
Does a credit card cover rental car insurance?
Many cards’ complimentary rental benefits cover damage and theft of the rental car, but not liability. The Visa Signature guide published by Credit Union of America — whose terms note that eligibility is determined by the card’s financial institution — describes a benefit that is secondary to personal auto insurance for rentals in your country of residence, covers rentals of up to 15 consecutive days at home and 31 days abroad, covers no liability, and is cancelled if you accept the rental company’s damage waiver. Chase states its Sapphire cards provide primary coverage for rentals lasting less than 31 consecutive days.
Is there a cheaper alternative to the counter damage waiver?
American Express sells enrolled cardmembers Premium Car Rental Protection for a flat fee per rental: $19.95 for up to $75,000 of primary damage and theft coverage, or $24.95 for up to $100,000, with lower prices for Florida and California residents; the plan is not available to residents of New Hampshire or U.S. territories, and the purchaser’s plan terms may differ from the summary. Coverage runs for the first 42 consecutive days of a rental (30 for Washington residents) and does not include liability, though it adds accidental death, medical and personal property benefits. Consumers’ Checkbook reported in July 2025 that third-party plans from insurers were available for less than $20 a day.
Do I have to buy insurance to rent a car in Nevada?
Not the rental company’s damage waiver, which NRS 482.31565 bars a company from requiring. Under the statute as amended in 2025, a rental company may require proof of insurance meeting the minimums in NRS 485.185 as a condition of renting a passenger car. If a company chooses to require proof and the renter cannot provide it, the company may sell a temporary policy or refer the renter to a third party that sells one, at a rate that may not exceed the standard market rate, and may refuse the rental if the renter declines. Whether proof is required depends on the company.
Scope & Limitations
This report covers rentals from traditional rental companies in the 50 U.S. states and the District of Columbia; peer-to-peer platforms, international rentals and rideshare rental programs are outside its scope. NAIC figures are typical ranges, not quotes. Rental company prices are shown as published on the date verified and vary by location and vehicle class. Counter prices from Consumer Reports and Consumers’ Checkbook are secondary-source observations of specific bookings on the dates shown. California and Nevada caps are shown as statutory base amounts; both are adjusted annually for inflation and the adjusted figures were not independently verified for this report. Policy language is quoted from ISO specimen form PP 00 01 09 18, not your contract. Credit card terms are quoted from the guides cited and change periodically. The fee example uses 2018 contract formulas and illustrative dollar amounts.
Legal Disclaimer
This content is provided for informational and educational research purposes only. It does not constitute legal advice, insurance advice, or a coverage determination, and it does not create an attorney-client relationship. Prices, policy forms, card benefits and statutes change; verify current terms with the rental company, your insurer, your card issuer and your state insurance department before declining or purchasing coverage.
Source Directory
Primary sources here are statutes, legislative records, policy and benefit terms, regulator guidance and company disclosures. Entries marked “Secondary source” (Consumer Reports, Consumers’ Checkbook) and the Insurance Information Institute’s industry guidance are cited for context and dated price observations, not as primary authority.
- Auto Insurance — Consumer Information (Regulator consumer guidance): National Association of Insurance Commissioners. States that a collision or loss damage waiver can cost an extra $10–$20 a day and may be unnecessary with comprehensive and collision coverage on your own vehicle; that supplemental liability insurance can cost $7–$14 a day; that personal accident insurance usually costs about $1–$5 a day; that personal effects coverage generally costs $2–$5 a day; and that many credit cards include some level of collision and theft protection.
- Rental Car Insurance (Secondary source — industry consumer guidance): Insurance Information Institute. States that an LDW is not technically an insurance product; that whatever auto insurance and deductibles you have on your own car would apply when you rent a car for recreation and not for business; and that rental companies provide state-minimum liability coverage that often is not enough. That last statement is a general industry summary, not a nationwide legal rule; see source 17 for New York’s contrary regulator guidance, and it is not relied on for that point here.
- How Do I Buy Insurance For My Rental Car? (Company disclosure): Enterprise Rent-A-Car, U.S. insurance and protections FAQ. States that Damage Waiver pricing varies by location and vehicle type; that Supplemental Liability Protection averages $8.44 to $42.38 per day and provides up to $300,000 combined single limit ($1,000,000 for truck rentals); that Personal Effects Coverage averages $5.99 to $15.67 per day; and that Personal Accident Insurance, offered at truck locations, averages $2.68 to $8.50 per day.
- Loss Damage Waiver (Company disclosure): Avis Rent a Car. Advertises LDW “as low as $9/day” and lists states in which, according to Avis, personal auto policies are required to cover rental vehicle damage.
- What is Loss Damage Waiver? (Company disclosure): National Car Rental. States that for California rentals, LDW ranges between 10.99 USD and 500.00 USD per day depending on the type of vehicle rented, and that the damage waiver does not apply to damage occurring in Mexico.
- Should You Buy Car Rental Insurance? (Secondary source — consumer research, July 29, 2024): Consumer Reports. Reports a Hertz collision damage waiver of $45 per day; liability coverage of about $13 a day at National, $15 at Budget and up to $17 at Enterprise; and an average rental rate of $86 per day including taxes and fees paid by CR members.
- Rental Car Insurance: Should You Buy It? (Secondary source — consumer research, July 2025): Consumers’ Checkbook. Reports a Budget rental at a $36 daily base rate with a Loss Damage Waiver of $30.99 per day, Supplemental Liability Insurance of $18.32 per day and Personal Accident and Effects of $9.95 per day, for a $59.26-per-day full-coverage total; damage coverage at major agencies of $27 to $42 per day and liability of $13 to $16 per day; and third-party primary rental coverage from insurers for less than $20 a day.
- New York General Business Law § 396-z, Rental Vehicle Protections (Official statute text): New York State Senate, Consolidated Laws of New York. In the version applicable until June 30, 2028, subdivision 2 caps the daily charge for optional vehicle protection at $9 for vehicles with an MSRP not greater than $20,000, $12 above $20,000 and not greater than $35,000, and $15 above $35,000 and not greater than $50,000, with vehicles above $50,000 subject to fair market value. Subdivision 6(d) provides that damages for loss of use of a rental vehicle and related administrative fees shall not be recovered from any authorized driver or his or her insurer.
- California Civil Code § 1939.09 (Official statute text): California Legislative Information. Provides that for vehicles designated economy, compact, intermediate, standard or full-size, the damage waiver rate shall not exceed $25, and that starting January 1, 2023, and each January thereafter, the rate cap shall be increased based on the increase in the Consumer Price Index for All Urban Consumers over the previous year.
- AB 901 (Calderon), Senate Judiciary Committee Analysis, June 29, 2021 (Legislative analysis): California State Senate. States that optional damage waivers can routinely double the cost of a rental, that California is one of only three states with a statutory cap on optional damage waivers, and identifies New York and Nevada as the other states with caps.
- Nevada Revised Statutes § 482.31565 (Official statute text, current as amended through the 2025 36th Special Session): Nevada Legislature, NRS Chapter 482. Bars a short-term lessor from requiring the purchase of a waiver of damages or optional insurance; provides that a short-term lessor may require proof of insurance satisfying the minimums in NRS 485.185 as a condition for leasing a passenger car and, if the person cannot provide proof, may sell or refer a temporary policy at a rate not exceeding the standard market rate or refuse the lease if the person declines to buy one; sets waiver-of-damages caps of $22 per rental day (adjusted each fiscal year from July 1, 2008 by CPI West Urban from a 2005 base) and $150 per rental day for vehicles with an MSRP above $60,000 (adjusted from July 1, 2021 from a 2017 base), with adjusted amounts published annually; and requires rate advertisements to state the waiver charge and that the waiver is optional. The section history cites two 2025 amendments, one from the regular session and one from the 36th Special Session. The enrolled text of Senate Bill 194 from the 2025 regular session had provided that a lessor “shall require” proof; the current text reads “may require.”
- Personal Auto Policy PP 00 01 09 18 (Specimen policy form): Insurance Services Office, Inc., hosted by the Virginia State Corporation Commission. Provides that if there is a loss to a non-owned auto, the insurer will provide the broadest coverage applicable to any your covered auto shown in the Declarations, and that for expenses the insured becomes legally responsible for in the event of loss to a non-owned auto, the most the insurer will pay for any expenses for loss of use is $30 per day.
- Visa Signature Card Guide to Benefits, Auto Rental Collision Damage Waiver (Card benefit terms — one issuer): Visa benefit guide as published by Credit Union of America for its cardholders; states that eligibility is determined by the cardholder’s financial institution, so other issuers’ Visa Signature terms may differ. States that the benefit covers no other type of loss beyond theft and damage to the rental car; that rental periods of 15 consecutive days within your country of residence and 31 consecutive days outside it are covered; that with personal auto insurance the benefit reimburses the deductible portion along with unreimbursed administrative and loss-of-use charges and reasonable towing; and that accepting the rental company’s collision damage waiver will cancel out the benefit.
- The Chase Sapphire Auto Rental Coverage Guide (Card issuer guidance): JPMorgan Chase. States that Sapphire cards provide primary coverage for theft, damage, valid loss-of-use charges, administrative fees and reasonable towing charges, up to the actual cash value of the vehicle for Sapphire Preferred and up to $75,000 for Sapphire Reserve; that only rentals lasting less than 31 consecutive days are covered; and that peer-to-peer and hourly rentals are not covered.
- Premium Car Rental Protection, Summary of Terms and Conditions (Product terms): American Express. States a premium of $19.95 per rental ($12.25 for Florida residents, $15.95 for California residents) for up to $75,000 of primary damage and theft coverage, and $24.95 ($15.25 Florida, $17.95 California) for the Plus plan with up to $100,000; coverage for the first 42 consecutive days of a rental (30 for Washington residents); secondary medical expense and personal property coverage and accidental death and dismemberment benefits within stated limits; no coverage for liability, uninsured or underinsured motorist, or disability; unavailability to residents of New Hampshire and U.S. territories; and that the terms, conditions and exclusions of a purchaser’s plan may differ from the summary.
- Enterprise Car Rental Terms and Conditions (Legislative committee record, April 10, 2018): Submitted to the Vermont House Judiciary Committee in connection with S.105. Makes renters responsible for loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 4, multiplied by the daily rate), claim administrative fees ($50 if the repair estimate is less than $500, $100 if between $500 and $1,499, and $150 if greater than $1,500), and diminishment of value (10% of the repair estimate if damages exceed $499). Current Enterprise contracts may differ.
- Automobile Insurance — Consumer FAQs (Regulator consumer guidance): New York State Department of Financial Services. States that, under a New York Court of Appeals decision, a rental vehicle company is not required to provide minimum liability coverage to a renter while renting a vehicle, and advises asking the company before taking possession whether it will provide that coverage. States that New York requires rental vehicle coverage in motor vehicle liability policies insuring fewer than five vehicles issued to individuals or married couples, with exceptions such as most trucks; that this coverage applies even without collision or comprehensive coverage; and that it is not subject to the policy’s property damage liability limit.