What Happens If You’re Hit By Someone Driving A Rental Car?

Car accidents bring a host of frustrations, especially when injuries, vehicle damage, and insurance claims are involved. When you are hit by a rental car, you may worry that the claims process will be more confusing than a typical crash. While rental car accidents can involve additional insurance questions, you may still be able to pursue compensation for damages if the other driver caused the collision.

Accidents involving rental cars are not always as complicated as they first appear, but there can be extra hurdles. The driver may have personal auto insurance, the rental company may have provided coverage, or the renter may have purchased additional protection at the rental counter. In some cases, your own insurance policy may also become involved. An experienced car accident attorney can help identify available coverage and guide you through the claims process.

What To Do If You’re Hit By A Driver In A Rental Car

After any car accident, it is important to collect as much information as possible. If you are hit by a rental car, exchange contact and insurance information with the other driver and anyone else involved in the crash. You should try to get the name of the rental car company, the rental agreement information, and a picture of the rental paperwork. This can help identify the company responsible for renting out the vehicle.

You should also take pictures of the accident scene, vehicle damage, license plates, road conditions, traffic signs, and any visible injuries. If there are witnesses, ask for their names and contact information. These details can becomes important if the insurance companies disagree about fault or coverage. Try to work with law enforcement at the scene to have a police report filed and ask where you can pick up a copy. If the police do not come to the accident location, you may still be able to file a report through the local police department. A police report can create an official record of the crash and may help support your injury claim.

Finally, consider speaking with an attorney before trying to resolve the claim on your own. Rental car accidents can involve more than one insurance company, and it may not be immediately clear which policy should apply. Accepting an initial offer could cause you to miss coverage that may be available for medical bills, lost wages, vehicle damage, and pain and suffering.

Who May Be Responsible After a Rental Car Accident?

Liability in crashes involving rental cars us usually determined much like any other accident. If the driver of the rental car caused the crash, that driver may be responsible for the damages. However, the question of who pays depends on the insurance coverage available. Several different insurance policies may come into play after a rental car accident, including:

• The rental driver’s personal auto insurance
• Insurance purchased through the rental company
• The rental company’s required coverage
• Your own auto insurance policy

Determining which coverage applies can take time, especially if the rental driver was visiting from another state, was not listed as an authorized driver, or declined optional coverage. Understanding all potential sources of coverage is an important step in pursuing compensation after the accident. Being hit by a rental car does not automatically mean the rental company is responsible for everything. In many cases, the rental company is not directly at fault simply because it owns the vehicle. However, the company’s insurance or protection products may still play a role in covering some losses depending on the rental agreement and applicable laws.

Two men exchanging information after a car crash

Claims Against the Other Driver’s Insurance

You may be able to pursue a claim against the rental car driver’s personal auto insurance if they caused the crash. Many personal auto insurance policies provide coverage when the policyholder drives a rental car, although the amount and type of coverage can vary. If the other driver has a personal auto policy, that coverage may help pay for vehicle damage, medical expenses, lost income, and other damages. If the damages exceed the available policy limits, other sources of coverage may need to be reviewed. This is one reason it is important to gather the driver’s insurance information and rental details at the scene.

Insurance companies don’t have your best interest in mind after an accident. They may try to shift responsibility onto you or argue about which policy applies. A car accident attorney can help review the available coverage and determine how to pursue compensation after being hit by a rental car.

The Rental Company’s Insurance Coverage

Rental car companies often offer additional coverage or protection options to renters. These may include liability coverage, collision damage waivers, personal accident insurance, or supplemental liability protection. The exact coverage depends on what the renter purchased and the terms of the rental agreement. If the renters purchased additional liability protection, it may provide coverage for injuries or property damage caused to others. However, these policies may have limits and exclusions. For example, coverage may be disputed if the person driving was not an authorized driver under the rental agreement or if the vehicle was being used in a prohibited way.

Rental companies may also carry insurance required by state law. However, the minimum coverage may not be enough to fully compensate someone seriously injured in a crash. If your damages are greater than the coverage provided through the rental company, other insurance sources may need to be explored.

What If the Driver Was Not Authorized to Drive the Rental Car?

One issue that can make rental car accident claims more complicated is when the person driving the rental car was not listed as an authorized driver. Rental agreements usually limit who is allowed to operate the vehicle. If someone else was behind the wheel at the time of the crash, the rental company or insurer may dispute coverage. That doesn’t leave you with no options though. The driver may still have personal insurance, or another insurance policy may apply depending on the circumstances. Your own uninsured or underinsured motorist coverage may also become important if the at-fault driver has little or no applicable insurance. Because unauthorized driver situations can create coverage disputes, it is helpful to have an attorney review the rental agreement, police report, insurance policies, and facts surrounding the accident.

Should You Use Your Own Car Insurance If You’re Hit By a Rental Car Driver?

Sometimes, you may need to use your own car insurance after being hit by a rental car driver. This could happen because of several reasons, including:

• The other driver did not have a personal auto insurance policy
• The renter did not purchase rental insurance
• The available insurance limits are too low
• The rental company disputes coverage
• The driver was not authorized to operate the rental vehicle
• The at-fault driver cannot be identified or contacted

Depending on your policy, your own insurance may include collision coverage, medical payments coverage, personal injury protection, uninsured motorist coverage, or underinsured motorist coverage. These benefits may help cover certain losses while a claim is being investigated. Your insurance company may still look for ways to limit what it pays. Before accepting a settlement offer, contact a car accident lawyer who can review the claim and determine whether additional compensation may be available.

What Damages Can Be Recovered After Being Hit by a Rental Car?

If you were hit by a rental car because of another driver’s negligence, you may be able to pursue compensation for several types of damages. These may include:

• Medical expenses
• Future medical care
• Vehicle repairs or replacement
• Lost wages
• Reduced earning ability
• Pain and suffering
• Out-of-pocket expenses
• Loss of enjoyment of life

The value of your claim depends on the severity of your injuries, the available insurance coverage, the evidence proving fault, and how the accident affected your daily life. Medical records, photos, witness statements, repair estimates, and wage records can all help to support your claim.

Speak with an Experienced Car Accident Attorney Today

Do not let a serious accident leave you overwhelmed by insurance questions and claim paperwork. If you were hit by a rental car, there may be multiple insurance policies involved, and it may not be clear what company should pay. Claims adjusters may try to reduce the value of your claim or pressure you into settling before you understand the full extent of your losses.

At The Barnes Firm, our car accident attorneys can review the facts of your case, identify available insurance coverage, and help pursue compensation for your injuries and damages. You deserve time to heal while experienced legal professionals handle the insurance process on your behalf. For a free consultation, contact us online or by calling (800) 800-0000.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes