Despite the increasing availability of rideshare services, like Uber and Lyft, rental cars remain a common form of transportation in the U.S. As with other vehicles, car rental drivers can get into accidents. You may wonder what to do next when you’re on the receiving end of a rental car accident.
If you were hit by someone driving a rental car and suffered bodily injury or property damage to your vehicle, you need to know:
- Your legal rights
- Whether you’ll need your car insurance coverage or the renter’s insurance policy
- How rental car liability factors in when calculating who’s responsible for covering damages
Florin|Roebig attorney Shaun Cummings explains, “The good news is that Florin|Roebig can unravel everything for you and get you the reimbursement you deserve. When you work with us, we find out the terms of the rental car coverage, any liability coverage the driver has, including coverage limits, and how it all comes together to care for you and your loved ones.”
What To Do If You’re In A Car Accident With The Driver Of A Rental Car
In any auto accident, taking action to protect your legal rights should you choose to file a claim is important. Knowing what to do after a rental car crash can be challenging because dealing with the rental car company, its agreement with the driver, and any insurance provider adds more complexity. State laws for car accident cases and statutes of limitations will also impact the outcome of your claim.
Immediately following a rental car accident, make sure to:
- Contact emergency services
- Examine all parties for injuries
- Move vehicles off the road, if possible
- Gather evidence like pictures and videos of the scene, as well as witness statements and contact information
“Whatever else you do, avoid saying anything incriminating. This means don’t apologize for the accident or use phrases like ‘It’s my fault,’ or ‘I should have paid more attention. You may be partially at fault for the accident, but it may also hurt your case while you’re in a fragile moment. If you provide evidence and our Florin|Roebig investigators fill in the blanks, we may find that the facts reveal something different from your impressions,” advises lawyer Shaun Cummings.
While calling 911 and checking everyone for injuries are standard practices following a collision, there are a few more items to check off when one of the vehicles is a rental car.
Taking these steps after a rental car accident can help if you decide to file a claim against the at-fault driver:
1. Collect Contact And Insurance Information
One of the most important steps after getting into a car accident with a rental car driver is to exchange contact and insurance information. This information could be crucial if you file a lawsuit against the rental car company or at-fault driver later on.
Be sure that you take down the rental car driver’s:
- Full name
- Address
- Driver’s license number
- Rental car company name
- Driver’s insurance company contact information
If the rental car driver doesn’t have their car insurance information or can’t provide proof of their rental insurance paperwork, writing down their contact information provides a way to get it later.
2. Contact Authorities To File A Police Report
Most states require that motor vehicle accidents be reported to law enforcement. However, some only file a report if the property damage meets a specified number, involves injuries, or results in a fatality. To protect your legal rights to file a rental car accident claim or property damage lawsuit later on, it’s important to have a documented accident report.
3. Review The Rental Agreement And Notify The Rental Car Company
A car crash involving a rental car can be complex, so it’s important to understand the driver’s rental agreement. Rental insurance isn’t legally required, and many renters refuse it in favor of comprehensive collision coverage on their personal insurance policy. It’s also important to note that car rental companies do not require renters to carry personal auto insurance to rent a car. The renter signs a form saying they accept financial responsibility for damages and claims per the terms of their agreement.
What type of rental agreement the renter has, which rental car company they used, what’s covered by their personal insurance plan, and the rental car company’s additional insurance are important details.
It’s good to inform the rental car company that the renter has been in an accident in case the renter attempts to cover it up or tell an alternative story. The company will want your contact information, insurance information, and accident details.
4. Reach Out To A Rental Car Accident Law Firm
Some of these insurance-related details may be difficult to sift through. A car accident lawyer versed in rental car accident protocol can make this process easier by providing a free case evaluation to explain your legal rights.
At Florin|Roebig, we use our experience in these practice areas to help you understand whether filing a claim or lawsuit makes sense and if your case is strong enough to pursue a settlement offer. We’ll communicate with representatives for the rental car company, insurance adjusters, and parties representing the at-fault driver.
5. Review Your Auto Insurance Policy
While you may not be held liable for any damages if you were not the at-fault driver, any bodily injury you sustained may be covered by your own auto insurance company. A few states require drivers to carry a personal injury protection (PIP) policy, which covers a percentage of some medical expenses, household expenses, lost income, and burial expenses (when there’s a fatality) after an accident.
Cases filed against the rental car company or the renter and their insurance company are intended to cover costs beyond the injured party’s insurance policy. States that don’t require PIP may still offer it, but it’s unavailable in most states. If that’s the case in your state, you will use liability insurance and healthcare policies to cover injuries, damages, and legal fees if you’re partially liable.
Consider a free consultation with a Florin|Roebig representative for a more detailed discussion of what should be covered by your insurance policy and what should be covered by the other driver or car rental company.
Will The Rental Car Insurance Company Cover Damages?
Rental car companies have ways of protecting their interests when a renter is in an accident. If the renter purchases rental car insurance coverage and that coverage applies to the accident, then it should be paid by that policy. However, it’s important to note that it may not be handled by the rental company directly.
A collision damage waiver (CDW) is a separate policy offered by rental car companies to protect the company financially from any damage caused to the car while it’s rented. This policy is not technically auto insurance but is also offered by several credit card companies. This waiver only covers damage to the rental car.
Renters can also purchase liability, property, and injury coverage from the rental car company. If you’re hit by someone driving a rental car and they have insurance through the rental, that coverage may pay for your damages. This way, the rental car insurance claim would be filed with the company that writes the policy for any personal injury or property damage you suffered. However, it differs from filing against the rental car company.
As we explain below, some situations would require you to file claims against a third party. After a rental car accident, you may be eligible to file directly against the company that rented the car to the negligent driver. Sometimes, the driver isn’t at fault because the rental company violated the agreement instead of the renter.
Will The Rental Car Company Be Held Liable?
A rental car company’s liability when you are hit by someone driving a rental car varies. The Graves Amendment protects rental car companies from lawsuits unless the company is proven negligent in renting the vehicle.
Rental car negligence would include renting a car that was not properly inspected or is found to have a defect that falls under the rental company’s responsibility. For example, if the brakes weren’t serviced between rentals and the cause of the accident is ruled as a faulty brake system, the company may be liable for the accident. Car or parts manufacturers can sometimes bear a portion of the liability if the components they produce are faulty.
If the rental company fails to properly screen renters or bends the rules to allow someone to rent a car without signing applicable waivers, they’ve created a liability for their company.
This differs from the rental car company’s insurance provider being found liable, depending on the company’s coverage and how it’s applied in the accident. Determining which entities are liable and in what ways can be hard. You want to avoid trying to sue the rental car company unless they’re liable. Working with qualified attorneys like the team at Florin|Roebig ensures that you file against all liable parties and are reimbursed for your damages.
We Are Nationally Awarded Lawyers
Call Florin|Roebig Today For Help With Your Rental Car Accident
If you’ve been in a collision with a rental car driver, you may suffer serious injury, vehicle damage, or more. Many moving parts factor into bringing a claim against a rental car driver, the rental car company, and the various insurance and legal representatives involved. It’s a big hassle when you’re trying to figure out how to survive your injuries, pay the bills, and determine if you can even go back to work.
Let us ease your burdens. We match clients with local resources to help get them on their feet while we handle the legal rigamarole. We keep you informed of your options and provide sound legal advice. Our goal is to ensure that you know your rights, what claims we’re bringing against each party, and how we’re protecting your interests. Contact Florin|Roebig law firm for a free consultation to discuss the details of your case.
FAQs About Rental Car Accidents
What if the rental car driver is uninsured?
If an at-fault driver doesn’t carry personal car insurance, there are additional steps you can take to make sure your own car damage and injuries are covered. If the rental car driver is uninsured, they’re responsible for damages during the accident. They may use the rental coverage benefit on their credit card if they reserved the car with it. If you have uninsured/underinsured motorist insurance, you may also file a claim against that.
Depending on the circumstances of the accident, the rental car company may also be found liable and, therefore, responsible for compensation.
Can I still file a claim if I was partially at fault?
It depends on state laws and what percentage of fault you bear. Some states allow you to counter-sue even if you’re mostly responsible for an accident. Others remove your rights to claim damages if you pass a certain fault threshold, usually around 50%.
Also, you should know that any liability on your part can reduce your compensation. For example, if the accident is 10% your fault, you’ll only be eligible for 90% of the settlement. Speaking with Florin|Roebig about the specifics of your case will clarify what you can expect in a fair settlement offer.
How long do I have to file a claim after a rental car accident?
Your state’s car accident statute of limitations would apply to the crash. If the accident occurred out of state, then the laws of the state where the accident happened would determine the statute of limitations.
If you’re unsure about the time frame or have any other questions about filing a rental car accident claim, contact us at Florin|Roebig. It’s a free case evaluation, and you’ll have the answers you need.
How does damage to a rental car work?
The answer depends on several factors. If the renter purchased the rental company’s coverage, one of those policies most likely covers the damage. If the renter has comprehensive insurance coverage or used a credit card with a car rental insurance benefit, the damage may fall under one of those.
Any damage cost not covered by one or several insurance policies would come from the renter’s pocket. If you’re getting the runaround from the rental car company or its insurance providers, give Florin|Roebig a call. We’ll set it straight for you.
How To Get Help From Florin|Roebig Attorneys
When you or your loved ones end up in the hospital, and it’s someone else’s fault, you shouldn’t have to bear the burden of filing and proving your rental car accident claim. Let Florin|Roebig’s legal team, with their years of experience and excellent track record, take on the fight for you.
We’ll figure out who’s liable and file the paperwork for you, allowing you to focus on recovering as quickly as possible. We also know that severe injuries create a new normal for many of our clients, and they often need help with daily activities that were once easy. We’ve won over $1 billion for clients like you who were hurt by someone else’s negligence.
Reach out to our closest office location or call the best phone number for you, and we’ll help you through the claims process with one of our car accident attorneys.
We offer representatives 24/7 via our website contact page with:
- Online chat
- A fillable form
- Phone numbers
Our office locations are also listed for your convenience. We’ve served clients for over 30 years and have expanded our services from Florida to Minnesota, Texas, and Colorado. When you work with Florin|Roebig, we treat you like a part of our family and fight for you as if you are.
