Rental Car Accident Procedure

Getting into a car accident is stressful enough. When the car you were driving belongs to a rental company, that stress comes with a whole new set of questions. 

Whose insurance pays? What about the rental company’s coverage you may or may not have purchased at the counter? What if you were just visiting Phoenix for work or vacation and have no idea how Arizona law works? And the most important question of all: what happens if you were hurt? 

If you’re wondering what to do after a rental car accident in Phoenix, the short answer is that the basic steps are the same as any other crash, but the insurance and legal questions that follow are usually much more complicated.

This complication is exactly why you may want to talk to a Phoenix rental car accident attorney before you sign anything or accept any settlement offer. Rental car accidents can involve four or five different insurance policies all at once: your personal auto policy, the rental company’s optional coverages like the loss damage waiver and supplemental liability, the at-fault driver’s liability insurance, your own uninsured or underinsured motorist coverage, and even credit card rental coverage if you paid with the right card. 

Each insurer has a financial reason to point at the others and pay as little as possible. On top of that, you may be facing surprise charges from the rental company itself, like loss of use fees, which bill you for every day the damaged car is out of service, even when the actual damage is covered. A good Phoenix car accident law firm knows how to sort through all of it and push back on charges that aren’t your responsibility.

Most importantly, if you were injured in a rental car accident (whether you were the renter, a passenger, or another driver hit by someone in a rental), you have the same right to recover compensation under Arizona law as you would in any other crash. This includes medical bills, future medical care, lost wages, lost earning capacity, and pain and suffering. 

Arizona’s pure comparative negligence rule means you can recover even if you were partly at fault, and the state’s two-year statute of limitations starts running the day of the accident, so time matters. In this article, we’ll walk through exactly what to do after a rental car accident, how the insurance picture works, and when it makes sense to bring in a lawyer.

Who Pays After a Rental Car Accident in Phoenix? The Insurance Stack

What to Do After a Rental Car Accident

Once you’ve taken all the usual first steps (like making sure everyone is okay, gathering evidence, and getting the other driver’s info), what’s next? You’ll need to contact your rental car company, who will likely have you fill out their own incident report detailing what happened.

The not so fun part comes next: dealing with insurance. Whether or not you purchased insurance through the company, you still may want to reach out to your own insurance company. They can answer a few important questions, like: 

• Will they file a report with the police, or should you?
• Do you have collision and comprehensive coverage in addition to your liability coverage? This typically extends to your rental car, too. 
• What is your deductible?

No matter who is at fault, you’ll always need to pay your deductible before the insurance companies take care of the rest.

Rental Car Accident Procedure

Determining Fault in a Rental Car Accident

So, who is at fault? Let’s break down some scenarios you could find yourself in after an accident.

• If you bought a loss damage waiver from the car rental company, you more than likely won’t be responsible for the damage to the car. If not, you’ll need to utilize your collision and comprehension coverage to take care of the bills.
• What if the other driver is at fault, though? If deemed liable, their liability insurance coverage will need to kick in and cover the cost of the repairs or replacement. For this situation, the rental agency would file a claim with the other driver’s insurance.
• Can’t figure out who’s at fault? You may need to pay out of pocket or through your insurance for the damage. Then, once fault is determined, you can file for reimbursement.

Why Get Legal Support?

With so many hoops to jump through, it helps to have someone on your side. The team at Gage Mathers Law Group can handle the details from the initial evidence gathering to the back-and-forth with insurance companies.

You shouldn’t be stuck paying for repairs or bills that aren’t your responsibility. 

Whether someone violated the Move Over law in Arizona or simply followed too closely, our team of trusted attorneys can guide you through the entire process!

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
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