Auto Rental News
MenuMENU
SearchSEARCH

8 Tips in Recovering Loss of Use and Administrative Fees

David Purinton, owner and president of PurCo, shares best practices on how car rental operators can effectively recover loss of use and administrative fees.

by David Purinton
November 6, 2012
3 min to read


PurCo V. Koenig: A Win for the Industry

In a historic ruling for the car rental industry, the Colorado Supreme Court has ruled that "PurCo is entitled to recover loss-of-use damages irrespective of actual lost profits." (See the original story here, outlining the case and implications for the car rental industry.)

So what are the top ways to recover loss of use and adminstrative fees?

Ad Loading...

1. Always follow your state laws and be sure your rental agreement reflects those laws exactly.

2. Understand the difference between recovery from a renter (your customer) and anyone else who might have damaged your car.

  • When recovering from your customer, you must follow your rental agreement. Trying to recover items not spelled out in the rental agreement gets many car rental companies in trouble, from the majors down to independent operators.

  • When recovering from a third party (anyone who is not your customer) the terms of the rental agreement don’t necessarily apply to them. Be sure you understand any limits placed on that recovery effort by local or state laws.

3. Use the Koenig case to bring legitimacy to your request for loss-of-use and administrative fees.

  • It is the only case in the history of the United States specifically dealing with loss-of-use and administrative fees involving a vehicle rental company. Even if you are not in Colorado, this case can assist you.

Ad Loading...

4. When your claim is denied — ask for the reason in writing.

  • When an insurance company tells you “we may owe loss of use in Colorado, but not here in Kentucky,” reply to them that you have supported your claim citing authoritative case law, and ask them to do the same in issuing your denial. You have the right to know how the company supports its position in denying your administrative fee or its demand for 100% utilization.

  • We are not aware of any case law that can support an insurance company’s “show me all your cars were on rent” demand.

5. Understand the rules that insurance companies in your state must follow.

  • Research your states’ good faith negotiation laws. If you feel an insurance company is trying to rip you off, do not hesitate to file an insurance department complaint against them.

6. Understand your responsibility and duty to mitigate your damages — and then actually do it!

Ad Loading...
  • If you can get your car into the body shop today to keep loss of use to a minimum then do so.

7. Document what you are charging and why.

  • In both the loss-of-use and administrative fee areas of the Koenig case, we were given the right to recover. We now need to prove the amounts we were trying to recover were reasonable. We should prevail on the reasonableness requirement because we have completely documented the file. (In addition, the other side has pled that the amount should be zero — a pretty easy threshold to beat.)

  • This may sound like a no brainer, but because of the volume of claims a car rental operator has, sometimes you may get into a routine of just preparing the bill and sending it out. But audit everything. Double check everything. This is not necessarily a problem for a recovery on a simple $500 dent, but it is still important. Why did you charge 7.5 days loss of use? Why did you charge the $100 administrative fee? How did you calculate the diminution of value? You can’t wing it; you have to have your ducks in a row.

8. Understand that loss of use and administrative fees are not profit centers.

  • To believe that they are profit centers, or to function in a way that makes the rest of the world believe they are, is fighting against all that the Koenig case can give us.

Ad Loading...
Subscribe to Our Newsletter

More Rental Operations

A tech collage of electronic devices against a computer chip blueprint map.
Rental OperationsMay 1, 2026

Why Car Rental Can No Longer Run On Workarounds

The shift from branch-based software to connected operations is turning rental technology into strategic infrastructure.

Read More →
A tech collage of electronic devices against a computer chip blueprint map.
Rental OperationsMay 1, 2026

Why Car Rental Can No Longer Run On Workarounds

The shift from branch-based software to connected operations is turning rental technology into strategic infrastructure.

Read More →
A black Audi SUV superimposed on a historic scene from downtown Tashkent, Uzbekistan.

Carwiz Sets Up Rental Operations In Central Asia

The global franchise operation reaches a first in its rental fleet portfolio with new service in Uzbekistan.

Read More →
Ad Loading...
A raging brushfire in the countryside.
Rental Operationsby Martin RomjueApril 30, 2026

Where Rental Fleets Must Adjust To Shifting Catastrophe Risks

West Coast disasters pose unique challenges and liabilities for rental fleet operators, who are advised to take steps tailored to their specific situations.

Read More →
ARN Industry Newsmakers thumbnail page with ARN and ICRS logos and shots of Nick DiPrima and Martin Romjue
Rental Operationsby Martin RomjueApril 27, 2026

Using AI To Find Rental Car Damage

Angry car renters are storming social media, the mainstream media, and online ratings platforms to complain about charges they claim are either unfounded or excessive.

Read More →
Photo of CEO Krešimir Dobrilović against a gray modernist crooked-tile mural display.

Carwiz Opens Car Rental Service In Panama

A Carwiz partner in Puerto Rico is taking on the Panama franchise with operations in the nation's largest airport.

Read More →
Ad Loading...
A world map with Flexways logo and new locations headline.

Flexways Opens 10 Locations Among Franchise, Affiliate Rental Networks

The integrated business model combines each operator’s local expertise with international standards to boost sales.

Read More →
Photo of a suitcase, passport, and smartphone.

Traveler Customer Satisfaction Up This Year Data Study Shows

The study looks at customer analytics to size up performance in car rentals, rideshare, airlines, lodging, and OTAs.

Read More →
A rental car between two placards showing a symbolic revenue increase from $300 to $1600.

New Consulting Company Ready To Boost Point-of-Sale Revenue

Revcuity, an outgrowth of Frontline Performance Group, aims to help clients capture more revenue moments with face-to-face customers, including in the car rental space.

Read More →
Ad Loading...
Martin Romjue stands at conference stage podium close to a dangling, glistening chandelier.
Rental Operationsby StaffApril 15, 2026

Meet The (Semi-New) ARN Editor

Martin Romjue has been editing and reporting for ARN since 2023 and fully transitioned to the role of chairman of the International Car Rental Show in 2026.

Read More →
Ad Loading...