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I've asked a few insurance car rental companies and they all say the same thing: there is no problem driving on unpaved or gravel roads here, as long as they're not the ones specifically excluded in the rental agreement. What they don't want is people going off road and wrecking the car.
It's just common sense. SheaG and KathyH however took it to mean that if lava crossed H130 then no rental car would be allowed in or out of Puna and to even suggest doing such a thing should land you in jail, or at the very least banned from TripAdvisor for life.
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I called also the ones in Hilo Budget, Avis, Enterprise also emailed them and all got the same responses and they say you cannot take on unpaved roads as it voids the insurance contract and you would be liable for any damages. The DE claims it is illegal to do as it voids your insurance and it is illegal to drive without insurance.
But I do not think it is illegal as the vehicle still would have the states min liabilty coverage on it no matter if on dirt, gravel or a hwy at all times thats the law. It's only the collision/comp part of the insurance that would be voided.
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This is a email response from Budget: Does not state it is illegal!
Thank you for contacting Budget.
The customer is responsible for any damage done to the rental vehicle
that was caused by driving on an unpaved road.
If you have any further questions, please do not hesitate to ask.
Kind Regards,
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responsible for any damage done to the rental vehicle
While homesteading this place, I took a rental up and down the Great Unpaved, returned it covered in red dust, nobody said anything. Opinion: "danger warning" is an upsell for the high-clearance 4WD rental option.
banned from TripAdvisor for life
...and nothing of value was lost.
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Andrew Cooper (works on MK) asks Stuart Hunter (MK Support Services) if the road is closed after dark.
The answer is no, but people are "encouraged" to leave.
SheaG, the Destination Expert, says these two people have no idea what they are talking about.
Only she knows the truth and that is that the road is closed after dark.
Admirable self confidence!
Oops, missed that bit - she now ups the ante by saying going to the Summit after dark is "violating the law". Glad she's not my lawyer.
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PaulW, SheaG's significant other is a lawyer. According to her Linkedin account, she is the owner/operator of a law practice. Strange stuff....
Wahine
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Thanks, that explains a lot.
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If she owns a law practice I hope for the sake of the clients she doesn't practice there. Here is some of her recent advice:
All you have to do is look at her tripadvisor profile and posts, golly gee whiz. It's not very hard. My point is if you're going to stalk somebody at least show some skillz. She stays at $2000 per night hotels and has $500 per person dinners.
Hamakua? Ya'll are operating on false and old information and trying to use it to harass people just because you disagree with them.
Now, I don't know about you, but if I really believed I had a stalker, and the stalker thought I lived in Hamakua when I didn't, I would not point out the mistake. If they were trying to track me down in Hamakua and I lived elsewhere, they're welcome to look around Hamakua as long as they want. It could take awhile. But instead, she posts all of the facts about herself that are in error.
So either her accusations are... what is the legal term? Slander? Libel? Because she accuses someone of being a stalker, but acts like it's not really true by helping them to find her.
Or, if she really believes she's being stalked, and then helps her stalker, well, that's not just bad legal advice, that's bad advice in general.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Came here to read about the lava and found this thread. I am following this with interest.
My understanding is that if you violate your rental contract (by driving on forbidden roads or driving under the influence, for instance) then your personal insurance will NOT kick in as you no longer are operating the vehicle with the permission of the owner (rental company).
I think your personal coverage will kick in for normal issues that are your fault but won't cover the extras like Loss of Use or the difference between the book value and replacement value of the vehicle (Diminution of Value) if it is totaled. Sometimes your credit cards do and sometimes they don't.
I have never purchased the additional insurance and fortunately have never had an issue. I also don't think I have ever violated my contract but there is always a first time....
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There's nothing wrong with driving rental cars on gravel roads and it isn't a violation of a rental contract.
Gravel is one of the earliest paving methods. People have just become accustom to it meaning asphalt, concrete or paving stones.
What does paved mean legally?
According to the legal definition -
To pave is to cover with stones or brick, or other suitable material, so as to make a level or convenient surface for horses, carriages, or foot-passengers, and a sidewalk is paved when it is laid or flagged with flat stones, as well as when paved with brick, as is frequently done. In re Phillips, 00 N. Y. 22; Ruell v. Ball, 20 Iowa, 282; Harrisburg v. Segelbaum, 151 Pa. 172, 24 Atl. 1070, 20 L. R. A. S34.
Source:
http://thelawdictionary.org/pave/
