What Happens if a Rental Car Hits You?

What happens when a rental car hits you depends on several factors, including who is responsible, the rental driver’s insurance coverage, and your auto insurance policy. If you suffered severe injuries and considerable car damage, you could be entitled to medical expenses, wage loss, pain and suffering, and more.

Morgan & Morgan understands the physical, emotional, and financial consequences car accident victims face. When a rental car hits you, you should not have to sift through complex policies and fight for what you deserve alone. We have your back.

Our car accident lawyers want to help you receive an adequate settlement so you can get your life back on track. Contact us now for a free case evaluation to determine your legal options and the best course of action.

What Is the Graves Amendment?

The Graves Amendment, 49 U.S. Code § 30106, is a law barring most liability claims against car rental companies. In other words, if someone hits you with a rental car, and you suffer injuries and other damages, the rental company is generally not responsible. Before the Graves Amendment was passed, injured individuals could sue companies for compensation.

How the Graves Amendment Affects You

If you got hurt in a crash caused by a rental car driver, the driver would generally be liable, meaning you would have to go after them to recover compensation. It is important to note that state or local laws do not normally supersede the Graves Amendment.

When a Rental Company May Be Liable for Your Damages

While rental companies usually are not responsible for the actions of a negligent driver, they could be liable for your damages when they act carelessly. Examples can include:

• The rental company knew the vehicle had a dangerous flaw and failed to fix it.
• The company did not follow vehicle service and maintenance guidelines.
• State or federal laws were violated during the rental process, such as renting a car to a driver without a valid driver’s license.
• The rental company engaged in other illegal or unethical rental practices.

Recovering compensation for an accident with a rental car can be complicated. Therefore, if you get into an accident with a rental car, contact a car accident lawyer as soon as possible. Our attorneys can walk you through your options and move forward with a compensation claim.

Causes of Rental Car Crashes

Individuals renting cars are often unfamiliar with the vehicle and its dimensions, the roads on which they travel, and the local traffic laws. These factors can significantly increase the likelihood of accidents. Other driver-related reasons for accidents include:

• Distracted driving
• Diving drunk or under the influence of drugs
• Speeding
• Driving fatigued
• Ignoring road signs and signals
• General reckless driving

According to the National Highway Traffic Safety Administration (NHTSA), most crashes are caused by human error or environmental factors, such as icy roads. However, 4-13 percent of accidents occur due to a vehicle defect, for example, faulty brakes or malfunctioning steering.

While in most cases, the at-fault driver would be responsible for the victim’s damages, the rental agency may be liable when the accident happens due to a car defect. In some accidents, there could be several liable parties. A car accident lawyer can help you determine the cause of the crash and identify who is responsible.

Your Next Best Steps After an Accident With a Rental Car

Protecting your legal rights as a victim is critical for getting the payout you deserve, particularly in accidents involving rental cars. If you suffered injuries or car damage, consider the following tips:

Inform Law Enforcement

In accidents with injuries and considerable car damage, calling 911 and requesting police and medical assistance is vital. If there are any injured persons, try to assist them if possible.

Gather Driver Information

After the crash, collect contact and insurance information from all drivers involved. If you later choose to sue the rental car or responsible driver, you will need the following details:

• Name and contact details
• The car’s license plate number
• The name of the rental car company

If the driver leaves the scene, snap a picture of the car and license plate so law enforcement can track them down.

File A Police Report

If law enforcement attends the scene of your accident, an officer typically drafts a crash report. However, if the police did not attend, and you have considerable car damage or injuries, file a report with the closest police station or online. Having an official accident report will be critical if you intend to file a personal injury claim later.

Review the Rental Agreement

An accident with a rental car driver can be complex, and getting what you deserve could be challenging. Unfortunately, comprehensive rental insurance is not legally required. Therefore, rental car drivers often opt out of additional insurance coverage.

What you can recover will depend on the following:

• The type of agreement the renter has with the rental car company
• What is covered under the driver’s insurance policy
• What, if anything, is covered by the rental company’s additional insurance cover
• Whether your car insurance covers all or some of your damages and medical bills

Contact Your Auto Insurance Company

Even if you are not at fault for the collision, inform your own insurer as soon as possible, as you may want to file a claim for damages. Many states require personal injury protection (PIP) insurance, which covers policyholders up to a certain amount regardless of who is at fault for the crash.

However, if your injuries are significant, your coverage may max out quickly. In this case, you could sue the rental car driver and other responsible parties for damages.

Get in Touch With Our Car Accident Lawyers

Protecting your legal rights immediately after an accident with a rental car and getting legal representation can be critical for receiving damages. Handling a compensation claim can feel overwhelming, especially when dealing with complex insurance issues.

However, help is available. If you were hit by a rental car, contact our car accident attorneys as soon as possible. We can analyze your claim, examine the relevant insurance policies, and determine your next best steps.