Car accidents are complicated enough, but when one involves a rental car, questions of liability and insurance coverage become even more complex. Whether you’re driving a rental car on vacation, during a business trip, or while your personal vehicle is in the shop, understanding who pays for injuries, property damage, and medical bills after a crash is essential.
When a rental car accident occurs, the first question is often: Who’s responsible—the driver or the rental car company? The answer depends on several factors, including Arkansas liability rules, the terms of the rental agreement, and the available insurance coverage options.
At Justin Minton Law, we help accident victims navigate these challenging situations. Our experienced team knows how to determine liability, handle insurance claims, and ensure you get the compensation you deserve.
Call (501) 222-HURT today for a free consultation with an experienced personal injury attorney who understands the complexities of rental vehicle accidents.
When an accident involving a rental car happens, several parties could potentially be held responsible for injuries and damages. These typically include:
Let’s explore how liability is determined in each scenario.
In most rental car accidents, the driver is primarily liable—just as they would be in a regular car accident involving their own vehicle. If you caused the crash through negligence, such as distracted or reckless driving, you’ll likely be responsible for covering the resulting injuries and property damage.
Your car insurance may extend to rental cars, depending on your insurance policy. Most policies provide some liability coverage and collision coverage, but the limits vary. Before you rent a vehicle, review your policy or call your insurance company to confirm your protection.
If you declined the rental company’s extra coverage but your personal car insurance applies, your insurer will handle the claim—though you may still be responsible for deductibles and out-of-pocket costs.
In certain cases, the rental car company may be held liable for an accident, particularly if its negligence contributed to the crash. For example:
Under these circumstances, the rental company’s insurance or the company itself could be responsible for injuries caused by its negligence.
However, the Graves Amendment, a federal law, generally shields rental car companies from vicarious liability (being automatically responsible for another person’s actions) unless their own negligence directly caused the accident. This makes proving rental car company’s negligence crucial in such claims.
If another driver caused the crash, their insurance company would be responsible for paying damages under Arkansas fault laws. You can file a claim against their liability insurance for:
If the other driver is uninsured or underinsured, your own insurance policy—through uninsured motorist or collision coverage—may apply.
An experienced car accident attorney can help identify which policies apply and ensure no insurance company avoids its financial obligations.
One of the most confusing aspects of rental vehicle accidents is understanding what coverage options are available and how they interact. Let’s break down the most common types of rental car coverage and how they apply after an accident.
Liability insurance covers damage or injuries you cause to others in an accident. In most cases, your personal car insurance policy provides this protection even when you’re driving a rental.
However, if you don’t have adequate liability coverage, the rental car company’s insurance may provide secondary coverage—meaning it kicks in only after your own policy limits are exhausted.
Many rental car companies offer optional coverage known as a collision damage waiver or loss damage waiver. These waivers are not technically insurance—they’re agreements that release you from financial responsibility if the rental car is damaged or stolen, as long as you followed the terms of the rental agreement.
Be aware: CDWs don’t cover injuries, property damage to other vehicles, or accidents caused by reckless driving or drunk driving.
This optional coverage pays for your medical bills and those of your passengers if you’re injured in an accident involving a rental car. If you already have health insurance or medical payments coverage (MedPay), you may not need it—but it can offer an extra layer of protection.
Some credit cards provide secondary coverage when you use the card to pay for a rental. This credit card coverage usually helps with collision damage or theft, but it rarely covers liability or injury claims.
It’s important to read your credit card agreement before renting to understand exactly what is—and isn’t—covered.
If you’re involved in a rental car accident, acting quickly and following proper steps can protect your rights and help you recover damages efficiently.
Move your vehicle to a safe location, check for injuries, and call 911. Report the accident scene to law enforcement so an official police report can be created.
Collect all insurance information, contact details, and witness statements. Take photos of the vehicles, road conditions, and visible injuries. This evidence will be invaluable when dealing with the rental company, insurance companies, or legal action later.
Most rental agreements require you to report any accident as soon as possible. Provide factual information about what happened but avoid admitting fault. The rental company may send a representative to inspect the vehicle or initiate an insurance claim.
Notify your car insurance provider promptly. They’ll determine whether your insurance coverage extends to the rental car and coordinate with other insurers involved.
Even if you feel fine, visit a doctor to document potential injuries. Medical records are critical for establishing damages in personal injury cases.
An experienced personal injury attorney can help protect your rights, especially if the rental company or insurance company disputes liability. Your lawyer can review contracts, policies, and liability rules to ensure you’re not unfairly blamed.
When an accident occurs in a rental car, determining who’s liable often depends on:
Your attorney will analyze every factor to identify responsible parties and pursue all available avenues for compensation.
Rental car accidents can be overwhelming, especially when multiple insurers and policies are involved. At Justin Minton Law, our law firm helps clients make sense of the confusion. We can:
Whether the rental company failed to maintain a safe vehicle or the other driver caused the crash, we’ll fight to ensure you’re not left paying the price for someone else’s negligence.
If you’ve been involved in an accident involving a rental car in Arkansas, you don’t have to handle the aftermath alone. Between the rental company, your insurance provider, and possibly the other driver’s insurance company, the process can quickly become confusing and stressful.
Let the team at Justin Minton Law handle the legal and insurance details while you focus on healing. Our attorneys have extensive experience resolving rental car accident cases and helping injured clients secure the compensation they deserve.
Call (501) 222-HURT today to schedule a free consultation.
We’ll review your case, explain your legal options, and help determine who is truly liable—the driver, the rental company, or another responsible party.
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