Can I legally be charged for loss of use fees for car rentals in California? Posted on June 14, 2011

I got into a single vehicle accident in an exotic car rental.  My insurance has fully paid out ~$16K worth of damages to the vehicle.  However on the original rental contract, there is a $5k wreck fee associated with car rentals for loss of use.  Can I legally be charged for loss of use fees for car rentals in California? Civil Code 1936 (c) seems to imply no.

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