By Jamie Davison, Associate and Cassandra De Marco, Articling Student
Whether you’re moving away for school or buying your first house, you are sure to feel that rush of excitement when you begin to pack up. But with that comes the question: “can I really handle this?” or “how is all this stuff going to fit in my car?”. When deciding to rent a moving vehicle there are legal implications you must consider to ensure a moving experience that is as safe and stress-free as possible; this article aims to break down those considerations to set you up for success.
Does my insurance cover a rental?
One of the biggest concerns with renting any vehicle is whether your personal car insurance will cover you. While personal insurance coverage does provide you with some coverage, there are limits you must consider.
Personal Auto Insurance
Most people think that if they have personal car insurance, it will carry over to rental vehicles. This may be true, but it is not an assumption to rely on. Your policy may be specific to the car you drive, and therefore won’t transfer over to other types of vehicles. For example, if you typically drive a car or small SUV, your policy may not cover you for larger vehicles such as moving trucks, vans, or commercial vehicles. Some insurance policies include size and weight limits for rental vehicles. If the rental moving vehicle exceeds those limits, your insurance policy may not cover you. Something to be mindful of is the weight of the vehicle once it is loaded with your belongings.
To avoid issues, contact your insurance company to clarify what your policy covers when it comes to rental vehicles before jetting off on any moving adventures. If there is a gap in coverage, you may want to consider purchasing extra coverage.
OPCF-44R Endorsement
Most Ontario car insurance policies include the Ontario Policy Change Form endorsement (OPCF-44R), however it is not mandatory and is purchased in addition to standard coverage. Before renting a moving vehicle, you should check whether your policy includes the OPCF-44R endorsement which provides coverage to the insured policyholder and their family members when involved in a car accident with an underinsured or uninsured driver.
When renting a moving vehicle, the family coverage endorsement may apply if you are in an accident with an underinsured or uninsured driver. However, this is policy specific, and may only extend to your personal vehicle. In that case, you may be forced to pay out of pocket. To avoid this issue, clarify with your insurance company what coverage you have and confirm if there are any restrictions regarding the type of vehicle you are driving. A good rule of thumb is to take advantage of any supplemental insurance offered by the rental company, and specifically with respect to coverage against uninsured or underinsured drivers.
For more information, see our previous articles explaining family protection coverage:
- Understanding Uninsured and Underinsured Automobile Coverage
- The Corroborative Evidence Requirement Under the OPCF 44R
- Off-Coverage Positions: The Requirement for Reasons
- Underinsured and Uninsured Claims: What happens when there isn’t enough insurance coverage?
The Rental Agreement
When renting a moving vehicle, it is important to keep the rental agreement in mind when using the vehicle. Many rental agreements specify what the vehicle could be used for, and when the vehicle can be used. That means if you rent a vehicle specifically for moving between the hours of 9am and 5pm, if you use that vehicle for something outside the intended use, or outside of the time frame in the agreement, you may lose all insurance coverage.
If you have any questions regarding what you can and can’t do with your rental vehicle, ask the company before departing.
What are the legal implications?
When deciding to move, the last thing you want to think about is the potential for a moving van collision, but as long as you consider the following, you will be prepared for the worst while hoping for the best.
Liability Limits
Deciding to tackle a move on your own means that you bare the burden of liability. If you get into a car accident while using a rented moving van, you may be liable for the damages caused, including:
- Injuries or the death of others caused by the accident
- Damage to the vehicles involved (the rented moving vehicle and any others)
- Damage to any property involved
To ensure a safe move, you may want to consider additional damage coverage for your moving vehicle. For example, U-Haul provides the option of buying Safemove coverage which includes a collision damage waiver for rentals in Canada. This can protect you from accidental damage to the rented vehicle.
Rental Period and Usage Restrictions
Rental agreements place restrictions on the use of a vehicle, which can cause insurance implications. The rental agreement will provide the terms of the contract, which must be followed for insurance to be applicable. If these terms are not followed, you run the risk of your insurance being voided.
When renting a moving vehicle, it is important to adhere to the following terms:
- The use of the vehicle
- Limits to the allotted kilometers
- The reservation details (who is the renter, and when the vehicle must be returned)
If you do not follow the terms of the rental agreement, you run the risk of being held responsible for any damages or repairs.
How can a personal injury lawyer assist you?
If things do go wrong and you find yourself injured, you should consider contacting a personal injury lawyer.
At McLeish Orlando Lawyers, our team will determine whether you have a legal claim by investigating the accident, the injuries, and assess liability. Our team will help to address any coverage issues that arise as a result of being in a rented vehicle.
If you or your loved one has sustained an injury while using a rented moving vehicle, contact our office for a free consultation to discuss your next steps.
