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Dent a Holiday Rental and You Can Be Billed for the Days It Sat in the Shop. In New York, That Charge Is Banned.

Rental companies can bill you for repairs plus 'loss of use,' administrative fees and 'diminished value.' New York law bans the first two and caps the counter's damage waiver at $9 to $15 a day. A common Visa card benefit covers loss of use but excludes diminished value. Make two calls before you pick up the keys.

Aerial view of rows of cars and pickup trucks parked in a large lot

If you’re renting a car for Thanksgiving or the holidays, the price of a scrape isn’t just the repair. Rental contracts can also bill you for the days the car sat in the shop, a fee for processing your claim, and the drop in the car’s resale value.

Your insurance and your credit card may not pay all of that. One state takes most of it off the table.

What the bill looks like

A renter’s 2022 Hertz bill, published by View from the Wing, had three charges: a $150 administrative fee, $315 for loss of use, and $1,289.01 for diminished value. The renter’s Chase card paid the first two, $465. It didn’t pay diminished value.

In 2025, a renter who hit a deer in an Alaska Hertz van got a $5,873 damage bill ten months later. The renter’s card coverage paid it. Then Hertz asked for another $842 in diminished value, with no documentation. Hertz waived it, but only after a consumer columnist got involved.

New York says no

New York’s rental vehicle law is blunt. Loss of use and related administrative fees “shall not be recovered from any authorized driver or his or her insurer.” What you owe for damage is capped at the lesser of the real repair cost, with available discounts, or the car’s fair market value just before the damage.

The counter’s damage waiver is capped too. It’s $9 a day for a car with a sticker price up to $20,000, $12 up to $35,000, and $15 up to $50,000. Above that, there’s no cap.

Rent anywhere else and your protection comes down to the contract you sign and your own state’s law. That’s the deal most travelers get.

What your card covers

A standard Visa Signature guide to benefits covers “valid loss-of-use charges imposed and substantiated by the auto rental company,” plus administrative fees and towing. If you carry your own auto insurance, it’s secondary: it pays your deductible and whatever your insurer leaves on those fees.

The fine print matters. You have to pay for the whole rental with the card and decline the counter’s waiver, and domestic rentals are covered for 15 consecutive days. Diminished value is excluded outright. So are trucks, most vans, and “expensive” cars, and the guide names Tesla.

The move

This week, call your insurer and ask three things. Does my collision coverage follow me into a rental? Does it pay loss of use and administrative fees? Does it pay diminished value? Then pull your card’s guide to benefits and read the rental section. Card benefits vary, so don’t assume yours matches the one above.

At pickup, video every panel before you leave the lot. If a bill arrives later, ask for the repair invoice and the records behind any loss of use or diminished value charge, in writing, before anyone pays.

For a broader look at what your own coverage costs, try our insurance estimator or browse our auto insurance coverage. And if someone else hits you, read about who picks your rental car.

How Candid Yak makes money. Some of the products we write about pay us if you apply or sign up through our links. That never changes our verdict, our rankings, or the numbers in this article. We call a bad deal a bad deal whether it pays us or not. Some brands shown in our comparison tools are placeholder examples while we finalize partner agreements, and we label them as such.

Frequently asked questions

What is a loss of use charge on a rental car?

It's what the rental company says it lost in rental income while the damaged car was out of service. It usually comes on top of the repair bill, often with an administrative fee and sometimes a 'diminished value' charge for the car being worth less after the repair. Whether you owe these depends on your rental contract and your state's law.

Can a rental company charge loss of use in New York?

No. New York General Business Law section 396-z says loss of use damages and related administrative fees 'shall not be recovered from any authorized driver or his or her insurer.' The same law limits what you owe for damage to the lesser of the actual repair cost, reflecting available discounts, or the car's fair market value just before the damage.

How much can a New York rental counter charge for the damage waiver?

New York caps optional vehicle protection by the car's manufacturer's suggested retail price: $9 a day up to $20,000, $12 a day from $20,000 to $35,000, and $15 a day from $35,000 to $50,000. Above $50,000 there's no dollar cap.

Does my credit card cover rental car loss of use and diminished value?

Check your card's guide to benefits. A standard Visa Signature guide says its Auto Rental Collision Damage Waiver covers 'valid loss-of-use charges imposed and substantiated by the auto rental company,' administrative fees and towing. It's secondary if you have personal auto insurance, you must decline the rental company's CDW or LDW, and domestic rentals are covered for up to 15 consecutive days. It excludes 'diminished value,' plus trucks, most vans and expensive or exotic cars, Tesla included.

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