The last thing any driver wants is to get hit by another driver. Even when everyone is driving their own properly insured vehicle, car accidents are a hassle. But what happens when you’re hit by someone who is renting a car? Who will pay for your accident-related losses?
The good news is that you can still get compensation for your injuries and property damage. In this article, we’ll cover:
- the steps you need to take if you’re hit by a rental car driver, and
- liability and insurance coverage after a rental car accident.
What to Do Right After an Accident With a Rental Car
If you’re hit by someone driving a rental car, you should take the same steps you would take after any auto accident. You’ll also want to get a look at the rental car agreement if you can and find out if the driver purchased rental car insurance or used a credit card to pay for the rental car.
Get Help
The most important thing you can do after an accident is to make sure you and others involved in the accident are safe. If anyone is injured, call 911.
If the accident involves property damage only, call the local police department's non-emergency line. The responding officer will prepare a police report that will include much of the crucial information you’ll need to file an insurance claim or personal injury lawsuit over the accident.
Ask the officer for an incident number so you can request a copy of the police report when it’s ready.
Exchange Information
Exchange contact and insurance information with the other driver and anyone else involved in the crash. Ask for the driver’s personal and rental car insurance information. Not all drivers purchase rental car insurance, but many do.
Find out if the driver used a credit card to rent the car. Many credit card companies offer rental car coverage when you pay for a rental with a card.
Ask the rental car driver if you can see and take a picture of the rental car paperwork. You’ll want to know the name of the rental car company, the location where the vehicle was rented, and the reservation/transaction number.
Gather Evidence
In addition to exchanging information with the rental car driver, you’ll want to gather evidence to help your car accident claim, including:
- witness names and contact information
- photos of the scene, including traffic signs and signals
- photos of the vehicles involved
- photos of your injuries, and
- the location of surveillance or doorbell cameras in the area.
Notify Your Insurance Company
Be sure to notify your insurance company about the accident as soon as possible, regardless of who was at fault for the accident. Your policy requires you to notify the company about any incident that could trigger coverage.
Reporting the accident to your insurance company isn’t the same as filing a claim. You may or may not end up filing a claim depending on liability (legal responsibility) for the accident and insurance coverage.
Learn more about what to do after a car accident.
Liability and Insurance Coverage for Rental Car Accidents
Liability in rental car accidents works just like it does in other car accidents. The person who caused the accident typically pays for damages caused by the accident. So, if the rental car driver is to blame for the accident, that driver is responsible for paying for your damages, including medical bills, lost wages, pain and suffering, and the cost of repairing or replacing your vehicle.
Most drivers—including rental car drivers—have insurance to help cover the cost of an accident, up to policy limits. Let's look at different types of car insurance coverage that could come into play in a rental car accident.
The Rental Car Driver’s Liability Insurance
Personal car insurance follows the driver, not the car, so if the other driver has liability insurance, you should be able to file a third-party claim, even though the accident happened in a rental car.
Rental Car Insurance
If the rental car driver doesn’t have liability insurance, then the rental car company likely sold the driver liability coverage as part of the rental agreement. Nearly all states require drivers and car owner’s to have liability coverage. Unfortunately, the rental car driver may have only purchased the minimal amount of coverage, which could limit your recovery.
Drivers who use credit cards to pay for car rentals might have rental car insurance—perhaps unknowingly—through their credit card company. Coverage limits vary based on the type of card used.
Learn more about rental car insurance.
Your Own Car Insurance
If the rental car driver who hit you doesn't have insurance, you may have to use your own insurance to cover your losses, including:
- collision and comprehensive coverage to cover vehicle damage
- health insurance to pay for your medical treatment, and
- under/uninsured motorist coverage if you have it.
If you caused an accident in a rental car, you’ll have to rely on your own liability coverage too.
Learn more: How Does Insurance Affect a Car Accident Case?
Talk to a Lawyer
If you’ve been hit by someone driving a rental car driver, you might be able to handle your own car accident claim. But if the accident involved serious injuries or you’re getting the run around from the rental car driver or insurance company, talk to a lawyer.
A lawyer can help you prove that the rental car driver was at fault for the accident, investigate insurance coverage, and advocate for you with insurance adjusters and in court. Learn more about the advantages of having a car accident lawyer on your side. You can also connect with a lawyer directly from this page for free.