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What to Do After a Rental Car Accident [Avoid Getting Wrongly Charged]
Getting into a car accident is overwhelming. Getting into one while driving a rental car adds even more uncertainty. After the initial shock wears off, most people have the same questions: Who’s responsible? Who pays for the damages? Can I get compensated if I was injured?
In this post, we’ll cover your rights after a rental car accident, the unique legal issues that often come up, and what steps you can take to protect yourself—both physically and legally.
What to Do After a Rental Car Accident
This is not an exhaustive list, but it’s good to know your next steps. Here’s where to start if you’ve just been in an accident.
- Check for Injuries & Call 911: Your safety comes first. Seek medical attention and report the accident to emergency services if needed.
- Move to a Safe Location: If possible, move the vehicle out of traffic to prevent further accidents or injuries.
- Exchange Information: Get names, contact details, driver’s license numbers, and insurance info from all involved parties.
- Document the Scene: Take photos of the vehicles, road conditions, damage, license plates, and any visible injuries.
- File a Police Report: Even for minor accidents, a report provides important documentation for any legal or insurance claims.
- Notify the Rental Car Company: Contact the rental agency as soon as possible and follow their reporting procedures. This process should be straightforward but if you didn’t purchase the extra insurance coverage when renting the car, you’ll need to get your insurance company involved as well.
- Seek Legal Advice: Speak with a personal injury attorney before signing anything or discussing fault with insurance companies. A good attorney like Wettermark Keith will help advise you on how to proceed and make the best decisions for your future.
For a more detailed list of what to do and how to handle a car accident check out this post.
Who is Responsible for the Damages?
Liability in a rental car accident can be complex because multiple parties and insurance policies may be involved. The first thing to consider is who caused the accident. After that, there are many factors at play. Here’s how responsibility is typically determined:
The At-Fault Driver
If another driver caused the accident, their liability insurance should cover your injuries and the rental car damage. You may also be able to pursue a personal injury claim against them.
The Renter
If you caused the accident, you may be personally responsible for damages. Your personal auto insurance may provide coverage if it includes rental cars. If not, the coverage you purchased from the rental company (such as a Collision Damage Waiver), or your credit card rental protection (if applicable) may help.
Rental Car Company
While rental car companies usually aren’t liable for accidents caused by renters, they may be responsible in rare cases—such as if the vehicle was poorly maintained or had a mechanical defect that contributed to the crash.
Shared Fault
Some states use a system where both drivers share responsibility. Depending on the state, your compensation could be reduced based on your percentage of fault (this is called comparative negligence). No-fault states help to ensure that everyone is compensated and taken care of.
Even if you think you were partially at fault, you may still be entitled to compensation, and you never want to admit fault at the scene of the accident. Instead, hiring a personal injury lawyer can help determine liability, review the insurance coverage available, and protect your rights throughout the claims process.
Understanding Insurance Through a Car Rental Company
When renting a vehicle, most rental companies offer optional insurance products at the counter or during the booking process. While they can provide useful protection, it’s important to understand what each type of coverage includes and what it doesn’t.
Here’s a breakdown of the most common rental car insurance options:
- Collision Damage Waiver (CDW) / Loss Damage Waiver (LDW):
CDWs are not technically insurance, since it does not include liability coverage. Instead, this waiver relieves you of financial responsibility if the rental car is damaged or stolen. It usually does not cover damage to other vehicles, personal injuries, or violations of the rental contract (like driving under the influence).
- Supplemental Liability Protection (SLP):
This provides additional liability coverage beyond what’s required by state law—helping cover damages or injuries you cause to others if you’re at fault in an accident.
- Personal Accident Insurance (PAI):
PAIs cover medical expenses for you and your passengers resulting from an accident, regardless of who is at fault. - Personal Effects Coverage (PEC):
Protect your personal belongings (like electronics or luggage) in case they’re stolen from the rental vehicle.
Most rental companies don’t include any insurance in the standard agreement. You’ll need to pay extra and opt in if you’re expecting the rental company to cover everything.
What to Do if You Were Hit by Someone in a Rental Car
Being hit by a driver in a rental car can complicate the usual post-accident process. In addition to dealing with the at-fault driver, there may be a rental agency, multiple insurance policies, or even a corporate entity involved. Here's what you should do:
- Treat it Like Any Other Accident:
Prioritize safety, call 911, and document the scene thoroughly. Be sure to get the rental vehicle’s license plate and take photos of the rental company’s sticker or paperwork in the car. - Collect the Right Information:
In addition to the driver’s name, license, and insurance, ask for details about the rental agreement and the name of the rental company. This information helps identify potential sources of insurance coverage. - Be Cautious with Insurance Adjusters:
Insurance companies may try to minimize your claim—especially when multiple policies are involved (e.g., personal insurance, rental coverage, and credit card protection). Avoid giving recorded statements without legal guidance. - Legal Complexities May Apply:
If the driver was renting the vehicle for business, their employer’s liability might come into play. If the rental agency failed to properly maintain the vehicle, they could be partially liable. These are all legal angles a personal injury attorney can investigate. - Consult a Lawyer Early:
Because these cases involve multiple parties, it’s smart to speak with a personal injury attorney right away. An experienced car accident lawyer can help identify all available sources of compensation and ensure your rights are protected.
How Your Rental Car Agreement Affects Your Ability to File a Claim
Your rental car agreement plays a critical role in determining what insurance coverage applies and whether you're eligible to file a claim after an accident. These agreements often contain strict terms. Things like who is allowed to drive the vehicle, where it can be driven, and how quickly you must report an incident. Violating any of these conditions, even unintentionally, can result in the rental company or its insurer denying coverage. For example, if someone not listed on the agreement was driving, or if you delayed reporting the accident, the damage waiver or liability coverage could be voided.
However, even if the rental company refuses to cover the damage, that doesn’t necessarily mean you're out of legal options. You may still be able to recover compensation through your personal auto insurance, the rental driver’s insurance (if you were hit), or even a third party, like an employer or vehicle manufacturer. A personal injury attorney can help untangle the fine print in your agreement and determine which parties and policies may be responsible. Understanding your rental contract is key, but it’s just one piece of a larger legal puzzle.
When to Get a Rental Car Accident Lawyer Involved
If you’ve been involved in a rental car accident it’s always smart to speak with a personal injury lawyer. These cases often involve multiple insurance providers, fine-print rental agreements, and unclear liability. A lawyer can help you understand your rights, determine who is legally responsible, and ensure that no important deadlines are missed. Even a seemingly minor accident can turn complicated when rental car companies, corporate policies, or out-of-state laws are involved.
You should especially consider legal help if you’ve been injured, if there’s a dispute over who was at fault, or if the rental company or insurer is denying coverage. A lawyer can step in to handle communications with insurers, negotiate a fair settlement, and file a personal injury claim on your behalf if needed. The sooner you get legal guidance, the better your chances are of protecting your health, finances, and legal rights.
Hire a Legal Team You Can Trust
Any accident can quickly become a headache when it comes to rentals. We get it and we want to help make it easier for you. Get the peace of mind you need to keep your life on track and heal well after any injuries from an accident.
The team at Wettermark Keith has got your back and will ensure that every part of your case moves forward with ease. Don't take it all on alone, hire an attorney you can trust to get the job done right! Contact us today to schedule a free consultation.
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