Renting a vehicle offers convenience, but what happens if you’re in a car accident? Understanding who is responsible for damages and injuries in a rental car accident can save you from unexpected costs and legal headaches. Whether the accident was your fault or another driver’s, it’s important to know where you stand.
Rental Car Insurance and Liability
Before driving off the lot, rental car companies offer different types of insurance coverage. The most common include:
- Collision damage waiver (CDW)/Loss damage waiver (LDW): This option absolves you from financial responsibility if the rental car is damaged or stolen, but often excludes negligence or reckless driving.
- Liability insurance: Covers damage to other vehicles or property if you’re at fault.
- Personal accident insurance: Covers medical expenses for you and your passengers.
- Personal effects coverage: Protects personal belongings inside the rental vehicle.
If you declined these options, your personal auto insurance or credit card benefits might provide some coverage. However, not all policies cover rental cars, and some only cover certain types of damage. That’s why you should always review your policy before renting.
Who Pays for the Damage?
Responsibility for the rental car after an accident depends on several factors:
If You Caused the Accident
If you’re found at fault, you (or your insurance company) are responsible for damages. This includes:
- Repairs to the rental car
- Medical bills for injuries
- Damage to other vehicles or property
If you purchased CDW/LDW, you might avoid paying out of pocket for repairs, but rental companies can still charge fees for administrative costs, loss of use, or diminished value.
If Another Driver Caused the Accident
If another driver was at fault, their insurance should cover the damage to the rental car. However, dealing with another driver’s insurance can be slow, and the rental company might charge you upfront before reimbursement. If you have CDW/LDW or your personal insurance policy includes rental car coverage, you may be able to file a claim to cover immediate costs.
If the Rental Car Had Mechanical Issues
Sometimes, accidents happen due to a rental car’s mechanical failure – such as faulty brakes or tire blowouts. If the rental company failed to maintain the vehicle properly, they could be held liable for the accident. Proving negligence may require evidence such as maintenance records and expert testimony.
If You Were Using a Credit Card for Rental Insurance
Many credit cards provide rental car coverage if you decline the rental company’s CDW/LDW. However, coverage varies, often acting as secondary insurance, meaning your personal auto insurance applies first. Be sure to confirm coverage limits with your credit card provider before relying on this option.
Who Pays for Injuries?
The responsibility for medical expenses depends on who was at fault and what kind of insurance coverage you have.
Your Own Injuries
- Personal Injury Protection (PIP): Florida is a no-fault state, meaning your personal auto insurance (if you have one) may cover your medical expenses under PIP, regardless of fault.
- Rental car personal accident insurance: If you purchased this through the rental company, it may cover medical expenses for you and your passengers.
- The at-fault driver’s insurance: If another driver caused the crash, their insurance policy should cover your medical expenses.
Injuries to Passengers
- If you purchased Personal Accident Insurance from the rental company, it may help cover medical expenses for your passengers.
- If another driver was at fault, their liability insurance should cover your passengers’ injuries.
- If you were at fault, your personal liability insurance may cover their medical costs, depending on the policy limits.
Injuries to Other Drivers or Pedestrians
- If you were at fault, your rental car liability insurance (or personal auto liability coverage) should cover injuries to others.
- If another driver was at fault, their liability insurance should cover any injuries you sustained.
Steps to Take After a Rental Car Accident
If you’re involved in a rental car accident, take these immediate steps:
- Ensure safety: Check for injuries and call emergency services if necessary.
- Report the accident: Contact the police and obtain an official accident report.
- Seek medical attention: Even if you feel fine, symptoms of injuries can appear hours or even days later. Seeking medical care ensures proper documentation for insurance claims.
- Document the scene: Take photos of all vehicles involved, road conditions, and any visible damages.
- Exchange information: Gather details from other drivers, witnesses, and law enforcement.
- Notify the rental company: Report the accident as soon as possible and follow their instructions.
- Contact your insurance provider: Inform your auto insurance company and review your coverage options.
We Can Fight for Your Rights After a Tampa Rental Car Accident
If you were in a rental car accident in Florida, navigating insurance claims and liability issues can be overwhelming. The Tampa attorneys at Armando Personal Injury Law are here to help. We will investigate your case, negotiate with rental companies and insurers, and fight for the compensation you deserve.
We have a long track record of getting results for clients, including a $900,000 settlement for a driver who needed surgery after a car accident and a $500,000 settlement for a client injured when a vehicle took a sudden left turn.
Learn more about how we can fight for your rights. Contact us today to schedule a free consultation with an experienced car accident attorney.
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