Legal Rights of Rental Car Accident Victims

When you’re a victim of a car crash in a vehicle you rented, your legal rights depend on who caused the crash, each driver’s insurance, and Arizona liability laws. Considering that more than forty-five million people visited Arizona in 2023, it’s not hard to imagine an accident involving a rental is something you may have to deal with someday.

Facing the financial and physical aftermath of a car accident can be challenging, but knowing your rights (and getting advice from a top car accident attorney in Phoenix) can mean the difference between an easy recovery and paying costs that should never have been your responsibility.

Understanding Liability

Arizona is an at-fault state. This means that the driver who caused the crash (you, another driver, or a third party) is usually responsible for damages. When it comes to coverage however, accidents involving rental cars can be more complicated because of overlapping insurance policies.

If you aren’t responsible for the accident, the other party’s insurance should cover your injuries and property damage, including damage to the car you rented. If the at-fault driver is uninsured or underinsured, your coverage can become critical.

Arizona requires a person have insurance sufficient to cover $25,000 bodily injury and $15,000 property damage, but bad accidents and severe medical recovery can quickly exceed these minimums. High damage costs can be an insurance coverage issue for rental car accidents.

Rental Car Insurance

Car rental companies are required to provide the Arizona minimum coverage to renters. However, there is a range of additional insurance options most companies offer. These can include:

• Collision Damage Waiver (CDW): Covers damage to the rental vehicle
• Loss Damage Waiver (LDW): Covers vandalism and theft
• Liability: Covers damages you may cause with the rented vehicle
• Personal Accident Insurance: Covers injuries to you and your passengers while you’re driving
• Personal Effects Coverage: Covers theft of personal items

These policies are above and beyond the Arizona minimum and can be worth getting for extra security. After an accident, a lawyer can help you identify insurance overlaps, making sure no potential compensation or financial protection is overlooked.

Comparative Fault

Arizona uses pure comparative fault laws, meaning that liability is tied to each party’s degree of responsibility. For example, if you were in an accident that caused $100,000 in damages and are found to have been 20% responsible, you could still recover $80,000. 

This is important in accidents where liability isn’t cut and dry. For instance, an accident in which one driver was speeding and another ran a red light. 

This rule can also be used by insurance companies who are looking to reduce their payouts. They may attempt to increase the fault applied to a driver not covered by their policy so they can minimize their costs.

This is another reason it’s important to get an attorney on your side after you’ve been in an accident.

The Gage Mathers Solution

If you’re in an accident involving a rental car, the experts at Gage Mathers can help you navigate the aftermath. Our lawyers can sift through overlapping policies and make sure you only pay what you have to and are protected the way you deserve.

We’re also happy to provide insight into other issues for Arizona drivers. For example, don’t miss our latest article on the legal consequences for violating Move Over laws!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile