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Rental car accidents can be sticky situations with so many questions left to be answered. Who’s at fault? Who pays for the damages? How does insurance play a factor?
Car wreck lawyers in Phoenix have heard it all before, and have experienced the hiccups that arise with these cases. Insurance companies may not pay for loss of use of the rental car, or may not cover the car damages altogether.
If there’s any question about who’s at fault, you may be stuck paying out of pocket and waiting for reimbursement once liability is determined. This is why understanding liability in rental car accidents is so important.
Every insurance company and insurance plan can be a little different; it’s all dependent on what you have. Some drivers may only have liability insurance, while others have comprehensive and collision coverage.
This will be a huge determinant in what your insurance company will cover in the event of a rental car accident. Liability coverage will take care of any damages or injuries to others, while collision and comprehensive coverage will probably cover damage to the rental car itself.
If you purchased the rental car company’s additional coverage, those protections can also apply. Drivers should check with their insurance to see what’s covered, especially before agreeing to pay for any costs.
| Type of Coverage | Covers Damage to Rental Car | Covers Injuries to Others | Covers Loss of Use Fees | Key Notes |
|---|---|---|---|---|
| Liability Insurance | ❌ No | ✅ Yes | ❌ No | Required by law; protects others but not the rental vehicle |
| Collision Coverage | ✅ Yes | ❌ No | ⚠️ Sometimes | Covers accident damage; check policy limits and deductibles |
| Comprehensive Coverage | ✅ Yes (non-collision events) | ❌ No | ⚠️ Sometimes | Protects against theft, vandalism, or weather damage |
| Rental Company’s CDW/LDW | ✅ Yes | ❌ No | ✅ Usually | Waives most repair costs; read fine print for exclusions |
| Credit Card Insurance | ✅ Often | ❌ No | ❌ Rarely | Acts as secondary coverage; must pay for rental with the card |
If the rental car has to be out of commission while it gets repaired or replaced, drivers may face loss of use charges, even if the crash wasn’t your fault. These charges can add up quickly, especially if it takes awhile for the car to get back on the road.
Your insurance company’s policy will determine whether or not this is covered, or if you’ll be responsible to pay these fees on your own. If you’re not sure, talk with your insurance company to find out what you may owe.
Fault isn’t always clear right away. When this happens, you’re stuck waiting for insurance investigations.
This can mean sorting through police reports, witness statements, photo and video evidence, injury reports, and more. Unfortunately, this process can take weeks or months to fully unfold.
While you’re stuck waiting, you may need to pay for some costs out of pocket. This includes:
This time period can be both confusing and stressful for everyone involved, especially if you feel you’re not at fault. Eventually, if the other driver is found at fault, your insurance company can recoup what you paid for and reimburse you for your troubles.
After a rental car accident, so many issues can arise. This is why it’s incredibly beneficial to have a trusted attorney by your side.
For example, if you have your own insurance and the rental car company’s optional coverage, you may find they cover different things. Plus, with multiple forms of coverage, things can get a little tricky. Legal help can help you sort these complications out from the start.
At Gage Mathers Law Group, we know how traumatic these situations can feel. Our team has extensive experience and a 99.99% success rate in handling these complex claims, including those that involve rental cars, a question of liability and other obstacles.
If there is an insurance company issue after your rental car accident, we’ve probably seen it before. We’re here to help you gather evidence, negotiate with insurance companies, understand legal rights of rental car accident victims, and be your ultimate advocate!
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