What Should I Do After A Car Accident With a Rental Car?

Rental cars are everywhere—tourists, business travelers, and people using temporary vehicles. But what happens when one of these drivers causes an accident? Unlike a regular car crash, rental car accidents involve extra layers of insurance, liability, and legal considerations. Navigating a rental car accident can be challenging, but taking the right steps ensures you’re protected and set up for a strong claim.

Steps to Take After Being Hit by a Rental Car

Woman holding car keys and folder

The moments after a crash can feel overwhelming, but acting quickly can significantly improve your recovery. Taking the right steps safeguards your health, strengthens your case, and improves your chances of fair compensation. Preserving essential evidence and protecting your legal rights starts with immediate action. Here’s what to do:

1. Check for Injuries

Your health comes first. If you or anyone else is hurt, call 911 immediately. Although you may not feel any immediate pain, some injuries can take hours or days to appear. Injuries, like concussions or internal bleeding, don’t show symptoms right away.

2. File a Police Report

Report the accident to law enforcement, even if it seems minor. A police report creates official documentation of the accident, which can be important for filing claims and legal actions.

3. Document the Accident Scene

Use your phone to take clear photos of the accident, including vehicle damage, license plates, road conditions, traffic signs, and visible injuries. These images can serve as crucial evidence for your claim. Additionally, gather contact information from any witnesses. Witness statements can provide valuable evidence and help clarify the details of the accident.

4. Exchange Information

Share information with the other driver involved, including:

  • Name and contact details
  • Driver’s license number
  • Personal Insurance Information (policy number, provider, and contact information)
  • Rental car company name and rental agreement number
  • Rental Company Insurance Details (if applicable)

5. Contact a Personal Injury Lawyer

A car accident involving a rental car can quickly become complicated, with multiple insurance policies and liability questions. Our experienced personal injury lawyers can navigate these complexities, identify the responsible parties, and aggressively pursue the maximum compensation you deserve.

Infographic about what to do after a rental car accident

Who Is Legally Responsible for Your Injuries in a Rental Car Crash?

A car accident involving a rental car can quickly become complicated, with multiple insurance policies and liability questions. Our experienced personal injury lawyers can navigate these complexities, identify the responsible parties, and aggressively pursue the maximum compensation you deserve.

Here’s a breakdown of who may be held accountable for your injuries:

  • The Rental Car Driver: If the driver was careless, such as running a red light, their insurance or the rental company’s insurance policy may cover your damages.
  • The Rental Car Company: Rental companies can be liable for accidents if their negligence directly contributes to the crash. This includes failing to maintain vehicles, renting out cars with defective brakes, or ignoring known safety issues. 
  • Other Parties: In some cases, responsibility for the accident may extend beyond the driver. For instance, a government agency could be liable if poor road conditions or a malfunctioning traffic light contributed to the crash.

Can I Recover Compensation If a Rental Car Hit Me?

After a car accident with a rental car, your financial and physical well-being may be at risk. Medical expenses pile up quickly, and missing work can create additional stress. California law gives you the right to seek compensation for your damages.

Below are the types of compensation you may be eligible for:

  • Medical Expenses: Emergency care, surgeries, physical therapy, and ongoing treatments.
  • Lost Wages: Compensation for income missed while recovering, including future earning potential if your injuries impact your ability to work long-term.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
  • Property Damage: Costs to repair or replace your vehicle and personal belongings damaged in the crash.

Compensation for your injuries may come from multiple sources. If the rental car driver has personal auto insurance, their policy may cover your damages. Some drivers also purchase additional insurance through the rental agency, which could provide coverage if applicable. Or if the at-fault driver lacks sufficient insurance, your uninsured/underinsured motorist coverage may help pay for your injuries.

If you’ve been injured in a rental car accident, don’t delay! The statute of limitations in California is two years after the accident date. If you need help filing a claim, contact El Dabe Ritter Trial Lawyers today!

Who Covers What? Breaking Down Rental Car Accident Insurance

insurance agent filling out forms for a car insurance claim

Insurance claims involving rental cars often come with extra complications. Unlike a typical accident, multiple policies may be involved, including the driver’s personal insurance, rental company coverage, and even third-party policies. Understanding how these coverages work can help you navigate the claims process.

Some common types of insurance used in rental car accidents are:

Rental Car Company Insurance:

  • Liability Insurance: Pays for damages or injuries you cause to others while driving a rental car.
  • Collision Damage Waiver (CDW): Waives liability for any damage to the rental car, including theft and vandalism.
  • Personal Accident Insurance: Provides coverage for medical expenses if you or your passengers are injured in a rental car accident.
  • Personal Effects Coverage: Protects your belongings by covering losses if individual items are stolen from the rental car.

Personal Auto Insurance Coverage:

  • Many personal auto insurance policies offer coverage for rental cars, but they often have limitations and exclusions. If your policy includes comprehensive and collision coverage, it may cover damage to the rental vehicle.
  • Your liability coverage typically extends to a rental car, protecting you if you cause an accident. 
  • However, coverage details can differ. Review your policy to understand what is covered and identify gaps.

Credit Card Insurance:

  • Some credit cards offer rental car insurance when you use the card to book the car. However, this coverage usually applies only to vehicle damage, not injuries.
  • Coverage details can vary by the card issuer. Contact your credit card company to review details of the terms, limitations, and exclusions of your rental car coverage.

Special Considerations for Tourists and Out-of-State Drivers

California’s roads are filled with visitors renting cars for vacations and business trips. If you’re involved in an accident with a rental car driven by an out-of-state visitor, handling legal and insurance matters may be more complex. Regardless of residency, all drivers must follow California traffic laws. Any accident within the state falls under California’s legal system.

Key Considerations:

  • Unfamiliarity with Local Laws – Tourists may misjudge right-of-way rules or traffic signals, increasing accident risks.
  • Jurisdiction Issues—California law applies to the accident and the claims process, even if the driver is from another state or country.
  • Language Barriers – If the rental driver doesn’t speak English, clear documentation (photos, police reports, and witness statements) becomes even more essential
  • What to Do? – Gather all insurance and rental details from the at-fault driver. Our personal injury attorneys have experience navigating complex claims involving out-of-state drivers.

How a Personal Injury Lawyer Can Help You After a Rental Car Accident

After a rental car accident, dealing with injuries is hard enough—navigating insurance claims and legal complexities shouldn’t add to your stress. Our personal injury lawyers can take the burden off your shoulders, ensuring you get the compensation you need while focusing on healing.

Here’s how our personal injury attorneys can help you:

  • Investigating the Accident: Attorneys gather police reports, medical records, and expert opinions to support your claim.
  • Navigating Insurance Negotiations: A lawyer will protect you from insurance tactics meant to reduce your compensation to ensure you receive the full amount you’re entitled to.
  • Calculating Your Damages: Personal injury lawyers assess your current and future expenses to ensure full compensation in your claim.
  • Representing You in Court: If a fair settlement isn’t possible, your lawyer can advocate for you before a judge.

Get Legal Help After a Rental Car Accident

Johnathan Ritter and Edmond El Dabe

A car accident involving a rental car can leave you with medical bills, lost wages, and unanswered questions. You don’t have to handle this alone. The car accident lawyers at El Dabe Ritter Trial Lawyers bring over 20 years of experience fighting for injured clients, securing millions in settlements and verdicts to ensure they receive the compensation they deserve. 

Our attorneys work tirelessly to gather evidence, negotiate with insurance companies, and represent our clients in court when necessary. Your fight is our fight, and we are here to support you every step of the way.

Call us today for a free consultation. We’ll review your case, explain your options, and help you move forward with confidence.

Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.