Rental car insurance question: How do I get my partner covered?

I’m getting really confused by what I thought should be a simple question…

My partner and I are part of the same State Farm (in Oregon) auto insurance policy. We are both named insureds on that policy. I asked whether we’re covered for rental cars or whether we need to buy the supplementary insurance offered by the car rental agency.

We share the one car normally covered by that policy, a leased vehicle under my name.

Through a series of phone calls and emails, I’ve gotten multiple contradictory pieces of information from State Farm:

  • One person said we had to be married or she wouldn’t be covered for rentals, only myself
  • Then I was told only the primary named insured would be covered
  • Then I was told actually, no, those were both wrong and we’re both automatically covered
  • Then I pointed out the contradictions and they ghosted me for a few weeks
  • Then I called again and scheduled an appointment to go in to talk to them… this made them call the underwriters again and I got yet another answer. This time they said she has to be on the vehicle registration alongside me. But the Oregon DMV said this was impossible without a title change, and the title change would be difficult because I am the only one on the car lease and the bank won’t want to add her unless she assumes the financial responsibility of the lease too.

I don’t really know what to believe anymore, and have asked for further clarification. Every time I reach out to them, it takes them anywhere from a few days to a few months to get back to me with an answer, and each time the answer is different from the last.

I can’t imagine this to be THAT uncommon a situation…? Two unmarried people living together, sharing a leased car and and an auto insurance policy, wanting to rent a car for a road trip… who’s covered? The lady at the office told me I was the first person in 7 years who has ever asked their office this.

What the heck? What do people do when renting a car, just buy the (really expensive) insurance from the rental agency? Use their credit cards?

Is there a way to get an authoritative answer about this directly from State Farm corporate/legal/underwriting/whatever, instead of playing a game of telephone with my local agent?

In a general sense, anyone who is a second named insured should have the coverage transfer. A listed driver may or may not, based on the policy structure. A permissive driver NOT listed on insurance, generally not.

But I’m being careful with “generally”. I don’t have a P&C license anymore, and each state and carrier slips in a lot of extra provisions. And State Farm (historically) used to be one of the least permissive.

But as you point out, this is the rub. They don’t want to be on the hook for any expenses they can avoid. And yes, most people just take the Car Rental provider’s word that if they have insurance it’ll cover (and the provider is sure it can sue you OR your insurance for the coverage and doesn’t care as much), pay for safety and padding the Rental provider’s pockets, or assume (often correctly) that the credit card company DOES have the sort of coverage (but often at lower limits than you want).

Playing telephone tag is frustrating, but you may have options. One, and I’d ask a lawyer on this, but your state appears to have a variety of laws confirming the right to record a conversation. In fact, I’d be greatly surprised if you didn’t get a notice on each call that calls may be monitored/recorded for future use.

Ask the representative to confirm they’re okay with you recording the call. They’ll either say yes, and you’re in the clear - or they’ll escalate it to someone who can give you better assurances.

If they say yes, make sure they identify themselves by name (it may not be full name), employee ID number, and the carrier they represent. Record the yes or no answer on the coverage provided. If they deny coverage for your partner, thank them, and advise you’ll be taking this to an lawyer to make sure their answer is in compliance with their written contract (you don’t have to, but it’ll make them sit up and pay attention.

If they say “yes, the partner is covered” then you have a good-faith recording of their extending the coverage, which means you’ll STILL possibly end up fighting in court if they change their mind, but the case should mostly be a slam dunk.

A different option, is to pull out the hardcopy of your actual policy (or review it online) and read all the small print yourself first. That’s the binding contract after all (when I was a claims adjuster, I had a copy of the language of the boilerplate well thumbed and bookmarked at my desk!). Do check carefully if you have any riders, exclusions or supplemental revisions to the policy.

I was told (when I tried to get my wife added) I don’t need to as she’s my wife, so is automatically added. That’s not the same thing as not being able to add her, if she wasn’t my wife. I’ve definitely added her as a named driver on a rental car prior to being married (we are now in MD, we were in CA before we were married, FWIW)

Thank you for these details!

I’ll try to get a copy of the actual policy. I must’ve lost it long ago :frowning: And yes, I’ve been trying to get a written copy of everything they’ve said so far.

I’m not trying to put them in a bind or get into a needless legal battle with them, mind you… in fact I’m trying to preemptively avoid one! I just want to actually understand what their policy IS. Seems they don’t know either, at least in the office or the two or three underwriters they’ve spoken to so far.

What credit card do you use for car rental? Our AmEx has built in coverage.

It’s a Sapphire Reserve that I’m canceling soon, and I think it only applies to me the cardholder, not her?

I didn’t think of that. My wife and I have a joint card.

Update: After some more back and forth, they spoke to yet another underwriter, this time a senior one, and apparently we are both automatically covered and the previous underwriters were mistaken. My agent had the underwriter leave a note on my account, and she emailed this information, so at least we have a written record of it (phew).

What a mess! I’d have thought it’d be a simple question… who knew so many underwriters wouldn’t know, either.

I suspect that the previous staff were underwriters in only the most general sense. More like glorified customer service specialists, though in part that’s because the sheer variety of policies a big company like State Farm writes. Like I said in my prior experience (I did insurance sales, customer service, and later claims but for vehicles only) the competence jumps quite a lot at each level.

Being able to sit and re-read (or read for a first time) the actual policy language takes time, and in corporate call centers, taking the time to do such and do outbound calls kills metrics, so I suspect everyone on the lower levels gave answers off the top of their heads to get back to other work and makes their numbers look good. So, yeah, once you get to someone more senior, who likely doesn’t have to justify the 20-30 minute call, and is likely more familiar with the policy, it’s easier to get a definitive answer.

And, I repeat, if your partner wasn’t a second named insured, it gets complicated fast. So give yourselves a big :+1: for taking that step.

And thank you for explaining this part of it. If any business were by-the-book, I’d have thought it would’ve been insurance. I guess not!

I really need to get a copy of the actual policy. It’s just daunting, like a bunch of legalese designed to shroud and confuse… not looking forward to reading it :frowning:

I would be interested to see the language in the email.

Ah, new to insurance, are you? :laughing:

Then the answer should be “yes” because, by both of you being named on the policy as covered, you should both equally receive all the benefits enumerated on the policy unless IT IS SPECIFICALLY STATED IN THE POLICY AGREEMENT that the co-insured is not covered. Look for that and, if you don’t find it, they legally have to honor any claim.

Here in Chicagoland, both ABC7 and NBC5 news have a consumer advocate department that handles corporate consumer run-arounds. Even big companies don’t like negative news that makes them look bad being broadcast to millions of people. It’s worth it to them to resolve issues like this quickly so that their name disappears from the airwaves.

As soon as someone gives you the answer you want, you should ask them to give it to you in writing.

Sure. The final response from them was (verbatim except for changed names and clarifications I added in brackets):

I am so sorry that this question has turned into a headache. We have gotten a few different answers from a few different underwriters, and the one from yesterday definitely gave us the wrong answer for Oregon. We do not require [your partner] to be registered for the coverage to extend seamlessly to a car you or her rent. She can be second or first named and it is the same. I don’t know how they gave so many different answers other than some states have different requirements, but Oregon policies are good to go without [her] being a registered owner [on the vehicle registration]. I called again today and spoke with an executive senior underwriter to let them know we have gotten several conflicting answers, and he confirmed we are correct that [she] and you are both covered under the extended coverage from the [car insured under your policy].

I even had him notate the account since it has been back and forth, again I am so sorry for the inconvenience of you having to keep checking. One thing to note, if you are going to rent a car for more than 30 days in a year then there is a small endorsement we want to add that acknowledges we are extending coverage to a non-owned car for more than a simple vacation for example.

You’d think, right? But apparently half the company doesn’t know that either :sweat_smile: I didn’t think they were trying to give me the runaround on purpose. It was probably just run of the mill bureaucratic incompetence of the sort @ParallelLines was familiar with.

In fact State Farm has been very good to us, having reimbursed a bike theft, a rear-end crash that destroyed some expensive bikes, and arson that destroyed our other car. Despite all that, they haven’t raised our premiums or dropped us.

I wasn’t trying to set them up for failure, lol, I was just trying to get an answer to what I thought would be a straightforward question.

Apparently so! :sweat_smile: Every time I sign up for a policy, it feels a bit like gambling at the casino… except I don’t even know which game I’m playing or how much money I’m betting. The only thing more confusing to me is US healthcare policy. (Not going there in this thread!)

State Farm is very annoying about not posting the actual policy contract online. The only way to get it is to find the copy they sent you many years ago, plus all the amendments you’ve received since then, or ask your agent to send you a copy. I tried searching online for a copy of my State Farm policy, and I found a publication number for Colorado, but when I found a document with that number it was for Oklahoma.

Looking through the Oklahoma one, it was a bit confusing, because sometimes it refers to the coverage being for a “resident relatives”, but other times for “named insured”.

AFAIK those refer to different things (people who live with you and are related to you but aren’t named on the policy, vs those who are named on it, regardless of relation). Like technically my partner and I aren’t related by blood or marriage, but she is nonetheless a named insured (because we explicitly added her to the policy). But maybe @ParallelLines can confirm.

And yeah, I’ll have to call and ask for a policy copy… sigh.

First the usual proviso - I do not current have an active P&C license, so take any advice/instruction as being from a very informed layperson, and that again, each state and carrier has a wide variety of chosen language specific to their contracts.

-ahem-

There are generally four or more categories of possible drivers on an insured vehicle (leaving out named operator entirely).

  1. Named insured - policy is in this persons name. The contract is specifically in this person’s name, and gets the widest coverage under the policy. Empowered to make changes on the policy, and of course, is part of the risk being involved in issuing the policy.

  2. Second named insured - specifically added to the policy, is also empowered to make changes under the policy, including adding vehicles, drivers and adding or removing coverage. Also has the widest coverage under the policy unless specifically removed. Risk as a driver also counted toward policy, BUT, exceptions exist. I can (depending on carrier) have a non-driver, or driver covered under another policy listed as second named insured, but exclude them from actual policy coverage. An example, if your partner was driving and insured with a company car, you may want them able to make changes on your behalf, but excluded from your coverage because they have their own, and their driving record might raise your rates! Rare, but happens (if the carrier allows)

  3. Listed Drivers - drivers, almost but not always in your household, given permission to operate your vehicles and listed by name on the policy. This is where things can get a lot more tricky. For most carriers, they want to list anyone in your household, because they have access to your car, and often unsupervised access to your car. If you cover them, great, they go on the policy, they do affect your rates based on the usual risks, and the insurance card will list them by name. They cannot make changes to the policy without the consent of the first or second named insured. The category gets weird depending on the carrier - some assign them permission to all vehicles, some to a specific vehicle, and just about every obscure clause you can imagine. If they’re assigned to a specific vehicle or all vehicles, and that specific vehicle (or if all, at least one vehicle) has COMP/COLL coverage will usually transfer to a rental vehicle but again, a huge variety of options. If rated to drive, may raise rates, otherwise will generally be required to be excluded, which means they DON’T affect your rates, but you’ll be signing contractual language that says anything that happens while they’re behind the wheel is not covered by the insurance. There are different flavors of this option, but again, in general, no contractual obligation to your carrier to pay out in a loss.

  4. Permissive drivers - anyone who is NOT part of your household, or a frequent (generally once a month or less) driver, who is operating the vehicle with your permission. Doesn’t affect rates, doesn’t get proof of insurance, but coverage will generally apply up to the policy/vehicle limit for the specific vehicle they’re operating with your permission. [ Your mom flies in from out of state, and you lend her your car to run to the store to get groceries for the special meal she wants to make, and gets hit in the parking lot]

And then there are a lot more questions about co-insurance, fraud, the customer lying about frequency, lying about access to the vehicle, so on and so forth.

So, and back to the direct question a resident relative is generally category 3 - your carrier generally required you to list them and rates on them, or requires you to to exclude them. As I said, if you chose not to cover them or restrict their coverage in some way, then they may not get coverage in all circumstances. And some carriers are a lot more permissive than others in requiring or not requiring them to be specifically covered, but that’s increasingly rare.

On the other hand, a named insured is the contracted party, they get the most broad coverage, as should (with the rare exceptions I mentioned) the second named insured. But for everyone else… it’s not their policy. And there are so many exceptions and details.

For something most people deal with on a day to day basis, think of a phone contract. You can be covered on a friend or family member’s coverage, and still get to use your phone up to whatever limits selected. But only the contract owner, or whomever they specifically designate can makes changes. Even if it means suspending your coverage/usage, buying phones, getting new plans. The covered drivers/cell phone users have only limited options under the policy, but also don’t have much responsibility under the contract. In the end, almost all the financial burden (paying the bill, responsibility for providing factual information) rests on the named insured/contract holder.

Example - Not a policy I wrote, but one I managed a claim for. Husband and wife divorced, wife kept the vehicle, and the husband was required to keep it insured until it was transferred to her name. The wife was in a single vehicle accident (so no one else at fault), and it turned out that the husband had stopped paying for the insurance over three months (and two notices of coverage being cancelled) ago.

So named insured (policy in his name, wife was a listed driver but NOT second named insurance) abrogates his financial duty, and policy as cancelled for non-payment prior to the accident. We had no legal obligation to pay out on the claim. I did some digging, and had the wife provide me with proof (copy of the divorce settlement that clearly showed his responsibilities) and made a case to my supervisors that we should pay out because it’s ugly PR in this sort of case (and they were a … nicer? company than most) and it was approved. I got the stuff covered, and had the wife write a new policy with US ASAP, and forwarded the details to the subrogation team to determine if it was cost effective to go after the ex-husband.

So TL;DR, it gets very complicated, very fast. And in a LOT of cases, you have adjusters and underwriters get quite specialized. Sure, they’ve had training and in a perfect world, be able to give clear and precise answers, but if they normally handle one sort of risk evaluation (territory specialists, covered drivers, excluded drivers) but happen to be next in que when someone asks about rental car coverage, they may be winging it off half-remembered training or desperately searching their online or paper systems for the first thing they can find. While if it was in their normal rut, they could rattle off the answer to the exact language from memory.

People aren’t perfect. And the efforts to keep cutting costs and shoving more and more work down the throats of the least paid individuals means that even with the best intentions, they may be swamped. Happened to me at Progressive and CSAA, and continues to happen in most businesses AFAICT.

Thanks, it’s quite informal. “Rental car wife? Sure, totally, why not? We’ll, um, make a special note.”

It can but a fully-covered, policy-named, legally-licensed spouse seems like the least complicated thing to get confused about.

Oh, agreed, 100%. Which is what I said when I first responded:

The long book was about @echoreply’s question about distinctions in the language of a policy such as “resident relatives” vs. “named insured”, so I ended up writing a book about the major categories on most policies.

Not to mention further explaining how those details and exceptions do exist, and part of why the various individuals @Reply spoke with gave contradictory answers too. If someone on a recorded line had said “yes” (and many carriers record all their calls) even if it were one of the few exceptions, then State Farm may have been liable. So it’s always easiest to say “No” when they may be short on time, overworked, or evaluated on a time metric.