Rental Vehicles in Crashes: What Happens When Someone Else Rents the Car That Hits You
Accidents involving rental cars can leave victims uncertain about the next steps. When someone else rents the car that collides with you, the situation can get confusing. Questions about insurance coverage, liability, and medical bills quickly pile up.
These situations raise important legal questions, especially when someone else’s rental vehicle causes harm. At Jose Orihuela, Attorney at Law, with offices in Houston and Webster, Texas, I help people address these challenges and pursue compensation after a rental vehicle accident. If you or a loved one has been affected, I invite you to contact me to discuss your case.
How Liability Works in Rental Vehicle Accidents
Liability in a rental vehicle accident usually begins with the driver. Even though the car is rented, the driver is personally responsible for their actions behind the wheel. If they were negligent, reckless, or distracted, they can be held accountable for injuries or property damage.
The rental company also has certain responsibilities, but it rarely covers damages unless the accident resulted from a mechanical failure or an issue it should have addressed. That's why insurance coverage becomes essential in a rental vehicle accident.
Most rental agreements require drivers to have some form of coverage, either through their personal auto insurance or through a policy purchased from the rental company. Insurance can come from several sources:
The rental car company’s insurance
The driver’s personal auto policy
Credit card coverage if the rental was charged on a card that offers rental protection
Each source has limitations, and it’s important to know which coverage applies. I often advise clients to document every detail about the driver, the rental company, and their insurance information immediately after the crash.
Steps to Take After a Rental Vehicle Accident
The first few hours after a rental vehicle accident can influence the outcome of your claim. Your safety and medical care should come first. After that, I focus on gathering evidence to support the claim.
Take these steps:
Call 911 and get a police report. Official documentation is critical.
Collect contact information from everyone involved, including the rental driver, any passengers, and witnesses.
Take photographs of all vehicles, the scene, and any visible injuries.
Request the rental agreement and the driver's insurance information.
Keep records of medical treatments, bills, and lost wages.
These steps provide a clear record and help you hold the correct party accountable. Even if the other driver is cooperative, you’ll need a paper trail for insurance claims. I always emphasize that early documentation can prevent disputes later in the process.
Insurance Considerations in Rental Vehicle Accidents
Insurance claims in rental vehicle accidents can be tricky because multiple policies may overlap. The driver’s personal policy usually applies first, but the rental company’s coverage can supplement it. In some cases, credit card coverage can provide additional protection if the rental was booked with a card that offers this benefit.
It’s important to know:
Liability coverage generally pays for damages to other people and their property.
Collision coverage can help repair or replace your vehicle, depending on your policy.
Medical payments coverage may apply if you were injured.
I recommend reviewing your own insurance policy after a rental vehicle accident. Understanding which benefits apply can help you make informed decisions about medical treatment and property repairs. Miscommunication or delays can affect how much compensation you receive.
Dealing With Medical Treatment and Lost Wages
One of the biggest challenges after a rental vehicle accident is managing medical care while your claim is in progress. Even minor injuries can turn into long-term issues if left untreated. I suggest prioritizing treatment immediately and following all medical advice.
Documenting every visit, procedure, and cost is crucial. Your medical records form the backbone of any compensation claim, as I’ve seen time and time again. Lost wages can also be recovered if the accident forced you to miss work. Make a clear record of your time off, pay stubs, and any impact on future earnings.
The combination of medical expenses and lost wages often makes up the largest portion of a claim in a rental vehicle accident. Keeping organized records helps prevent gaps that insurers might use to reduce payments, a point I’ve observed in many of the cases that come through the office.
Resolving Claims and Seeking Compensation
After a rental vehicle accident, insurance companies will contact you to discuss the claim. I advise caution when speaking with adjusters. They may try to limit liability or downplay damages. Stick to factual information and let the claims process take its course.
Settlement negotiations often consider the severity of injuries, property damage, and the driver’s responsibility. If negotiations stall, filing a lawsuit may become necessary. The goal is to recover fair compensation for medical expenses, lost wages, and pain and suffering resulting from the rental vehicle accident.
It’s important to stay organized throughout the process. Keep copies of all correspondence, invoices, and reports. This documentation makes sure that your claim reflects the full impact of the accident without gaps.
Rental vehicle accidents can be confusing, but taking immediate, organized steps helps protect your interests. From documenting the scene to understanding insurance coverage, every action matters. At Jose Orihuela, Attorney at Law, I serve clients in Houston, Texas, and nearby areas, including South Houston, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe.
Dedicated Legal Advocacy
If you were involved in a rental vehicle accident, you don’t have to handle the aftermath on your own. An experienced personal injury attorney can help. At Jose Orihuela, Attorney at Law, I help people pursue personal injury claims arising from accidents with rental vehicles. Reach out today to discuss your situation and take the next step forward.