What Happens if You Crash a Rental Car

Rental cars are common in Arizona. In fact, more than 200 car rental businesses operate in the state, and car rentals generate more than a billion dollars in market value every year. Knowing this, it should come as no surprise that rental car accidents happen often in Arizona.

There are several differences between a regular car accident and an accident with a rental car. If you are involved as the driver in a rental car accident in Arizona, you may need assistance from an experienced car accident attorney in Scottsdale to understand who is financially responsible for a rental car and other vehicle damages. If this is the case, the attorneys at Stone Rose Law can help you navigate this particular situation.

What to Do After an Accident in a Rental Car 

Although the steps to take after a rental car accident are similar to a regular accident, you will need to take a few extra steps to reduce liability risks. 

1. Pull over immediately and check yourself and anyone involved in the crash for injuries. Arizona law requires you to stop at the scene of the accident in almost all car crash incidents resulting in death, injury, or property damage. You must also exchange contact information with the other drivers involved, show your driver’s license, and render medical assistance if necessary. If you fail to do this, you could be charged with a hit-and-run charge.
2. Call 911 to report the accident if there are any injuries, deaths, or property damage to the vehicles or to surrounding property. Arizona traffic laws require you to notify the police after an accident involving death or injury. Arizona police must do an investigation of the accident if a death or injury happens or if property damage worth more than $2,000 occurs. In most, if not all, situations, it is advisable to call the police so an officer can come to the scene, investigate, and file a police report.
3. While you are waiting at the accident scene for the police to arrive, exchange contact information, vehicle registration, and insurance information with the other driver. Do not admit fault for the accident.
4. Collect evidence of the car accident, including photographs at the scene. Doing this can preserve a record of evidence that you may need later if a dispute arises about what happened. It can also help your memory of the accident weeks or months later.
5. Get medical care if you are injured. If you suffer injury from the accident, see a doctor or go to urgent or emergency care. This will also help document the nature and extent of your injuries.
6. Contact the rental car company to inform them you have been involved in a car crash.
7. Fill out an incident report given to you by the rental company, if required.
8. Follow the rental car company’s instructions for towing the vehicle to an approved location.
9. Cooperate with the insurance process through the rental company if you purchased their insurance.
10. If you declined rental auto insurance, contact your own car insurance company or credit card company to file a claim.

If you are confused about your rights and legal options after getting into an accident in a rental car or if you need help negotiating a fair settlement with an insurance provider, contact a car accident attorney near you.

A Police Investigation Will Help to Determine Fault

As is the case after any car accident in Arizona, you should contact the police to report a car accident involving a rental car. The police will arrive at the scene, investigate the accident, and fill out an accident report. This report will document details and facts about the collision and the drivers involved and can be used during the insurance claims process.

When the rental company contacts their insurance company to file a claim, the insurer will also investigate to determine who is at fault. 

Arizona abides by a fault-based car insurance law. This means the person at fault for causing a car accident must pay for damages. If you get involved in a crash in a rental car and an investigation finds that the other driver is to blame and you are not at fault, that person’s car insurance carrier may be responsible for paying for your medical bills and property damage.

If the other driver caused the crash by distracted driving, speeding, drunk driving, or another type of wrongdoing, he or she will have to pay for the damage to the rental vehicle. 

What Happens If You Are Held Liable for an Accident in a Rental Car? 

If an investigation determines that you were at fault for the accident, you will have financial responsibility to repair the rental car. If you purchased insurance on the rental car from the rental car company, it should cover any accident that occurs while you are driving the vehicle, including an accident that you caused.

Additionally, you will receive a comparable rental vehicle in exchange for the car involved in the accident. 

Without rental car insurance, you will likely be responsible for paying out-of-pocket for rental car repairs under your rental agreement.

Below, we cover some insurance policies and options to consider for rental car coverage.

Will My Auto Insurance Company Pay if I Am the At-Fault Party in a Rental Car Accident?

If you have your own personal auto insurance policy and are the liable party, your insurance will usually only pay for damage to a rental car if you have collision or comprehensive coverage. However, your liability insurance will cover other drivers involved in the crash to pay for their losses.

What if I Buy Rental Car Insurance Through the Car Rental Company?

Many rental car companies offer insurance policies you can buy at the rental car counter. These policies usually provide the following kinds of coverage after a rental car accident:

• Damage waivers. These pay for collision coverage to the rental car if you are involved in a covered accident.
• Supplemental liability insurance. This provides you with additional liability coverage if other people are injured or killed and for property damage.
• Personal accident insurance. This pays for medical expenses you and your passengers may suffer from an accident.
• Personal effects insurance. This coverage pays if property is stolen from the rental vehicle.

If rental insurance isn’t included in your rental car agency policy, you may have to pay for any additional days of the rental period, even if you cannot drive the car.

What if My Credit Card Issuer Has Rental Car Coverage?

Some credit card companies offer rental car insurance coverage if you use that card to pay for the car rental. This kind of insurance policy will usually provide coverage for rental cars if someone breaks into your rental vehicle and steals something or for damages to the car itself.

Rental coverage through a credit card company is a form of additional coverage that does not usually include liability insurance.

Read coverage restrictions that may apply to a credit card insurance option carefully. Some of these policies may contain restrictions on covering high-end rental vehicles. In contrast, others are secondary or additional coverage policies, meaning they will only take effect if your own insurance does not pay.

What if a Third Party is Responsible for the Accident?

If someone other than you or the driver of the other car is at least in part a responsible party for causing a rental car accident, such as a pedestrian who jaywalks in front of you, you may have a legal cause of action against that person for his or her share of responsibility.

Can the Car Rental Company Be Liable For Harm Done in an Accident?

Unless the rental car company contributed to your injuries or property damage through negligent or criminal conduct, the general answer to this question is “No.”This is because of a federal law passed in 2005, the Graves Amendment. Because this is a federal statute, it takes priority over any state law, including Arizona law, that would otherwise permit a rental car customer from suing the rental agency based on “vicarious liability.”

Schedule a Free Consultation With a Car Accident Attorney in Scottsdale, AZ

If you or a loved one was recently injured in a rental car accident in Scottsdale or the surrounding areas, don’t hesitate to contact the personal injury attorneys at Stone Rose Law for assistance. You don’t have to handle a car accident lawsuit alone.

If you need a Scottsdale car accident lawyer, our legal team can help you with every step of the case, including working with your auto insurance company. 

At Stone Rose Law, you will be our number one priority as a client. Our car accident lawyers represent many rental car accident victims, but we treat each case as our only case. You will receive the undivided attention of your car accident lawyer—not a paralegal or assistant—during each phase of your case. We are determined to stand by rented vehicle accident victims and their families when they need us.Find out how our experienced and compassionate auto accident lawyers can help you today. Call (480) 498-8998 or contact us online for your free case evaluation.