What Happens If You’re in an Accident With a Rental Car?

What To Do Immediately After a Rental Car Accident

The steps to follow after getting into a rental car accident are basically the same as any other car crash:

• Call 911 and report the accident.
• Request medical attention for serious injuries.
• Seek medical treatment as soon as possible for less serious injuries.
• File a police report and get the case number.
• Take pictures and videos, including all damages, the accident scene, and your injuries.
• Exchange information with the other driver, including insurance information.
• Obtain contact details for any witnesses.
• Notify the insurance company.
• Retain all documentation, such as medical records and medical bills.
• Request a free consultation with a car accident attorney before making any statements to the insurance company.

The key differences when a rental car is involved include the following:

• Notify the rental car company immediately.
• If you got insurance through them, find out if you need to notify the insurance company and what their phone number is.
• If you did not obtain insurance coverage from the rental car company, notify your own insurance company.

Who Pays for Damages After a Rental Car Crash?

Determining who pays for damages depends on who was responsible. If the person driving the rental car is at fault, then they would be primarily responsible for covering your damages. However, the rental car company could also be at fault if there was a vehicle defect. Conversely, if you hit the rental car and are at fault, then you would be responsible for the rental car driver’s injuries and covering any damages to the rental car.

Understanding Insurance Coverage for Rental Car Accidents

Insurance coverage options after an accident with a rental car differ from those in most other crashes.

If you were hit by a rental car, then you need to make sure you get the right insurance information from the driver.

As the driver of a rental car, you also need to be aware of which insurance could cover any property damage and injuries you cause.

Personal Auto Insurance

If you did not purchase insurance from the rental company, then any injuries and property damages would be filed against your own auto insurance if you are at fault. You would also use your insurance to cover any damages to the rental car.

Rental Company Coverage

Rental company coverage you may have purchased could include:

• Collision Damage Waiver (CDW)/Loss Damage Waiver (LDW): Covers loss of use
• SLI/SLP (Supplemental Liability Insurance/Supplemental Liability Protection): Added liability insurance coverage above the Colorado mandatory minimum requirements
• PAI (Personal Accident Insurance): Covers the medical bills for you and any passengers in the rental car
• PEC (Personal Effects Coverage): Covers your personal belongings

Credit Card Protection

Some credit cards offer limited rental car coverage to reimburse you for costs associated with damage, theft, towing, and loss of use. You would need to check with the credit card company you used to pay for the rental car to see what is covered.

What Happens If Another Driver Caused the Accident?

If another driver causes the accident and hits you while driving a rental car, then, in most cases, they would be responsible for your personal injuries, personal property damages, and rental car damages.

However, if you were partially at fault, the amount they have to pay would be reduced under Colorado’s modified comparative fault rule.

Injuries and Compensation After a Rental Car Accident

Injuries could range from minor scrapes, cuts, and whiplash to fractured and broken bones and traumatic brain injuries. Compensation is based on the extent of the injuries and their direct impact on you.

You can claim:

• All medical expenses, including future anticipated costs
• All current and future lost wages
• Any financial costs associated with the accident
• Loss of benefits
• Loss of enjoyment
• Pain and suffering
• Mental and emotional anguish

Rental Car Company Fees and “Loss of Use” Claims

Purco Fleet Services v. Koening (2012) set a precedent for car rental companies. Whoever is at fault is responsible for the rental car in an accident and for reimbursing the rental car company for loss-of-use costs until it is repaired and returned to service. The rental car company may also charge flat fees to process the accident claim.

Common Mistakes That Can Hurt Your Rental Car Accident Claim

• Failing to notify the rental car company immediately, which could void any coverage you purchased.
• Not notifying your insurance company immediately.
• Not calling the police and filing a police report.
• Admitting fault or apologizing at the accident scene.
• Providing recorded statements to insurance adjusters without consulting with an attorney first.
• Not gathering evidence, taking pictures, or getting contact details from the witness.
• Not seeking medical treatment.
• Not retaining all documentation related to your car crash and injuries.

Why Choose Bachus & Schanker After a Rental Car Accident?

The benefits of working with Bachus & Schanker after a rental car accident include:

• Free consultations and case evaluations.
• We take cases on a contingency fee basis and only collect legal fees after we win your case.
• Personalized attention from our lawyers and legal team.
• Proven track record of maximizing compensation settlements.
• Actual trial experience, if we need to litigate your case in court.
• Experiencing handling complex cases where multiple parties could be liable.

Before speaking with the insurance company, request your free consultation today with our Colorado car accident lawyers for honest legal advice.

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