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Nothing puts a damper on a trip like a rental car accident. These things are always unexpected, but when it happens in a car that’s not your own? There’s no doubt it’s even more stressful.
If you’re at fault, it’s likely you’ll have to fork out your own funds to pay for the damages and other costs. But if the other driver is at fault, their liability insurance should take care of it.
Unsure of what comes next? Choosing the right car accident lawyer in Phoenix , like Gage Mathers Law Group, can help you figure out what steps to take, as well as better determine who’s at fault.
| Scenario | Who is Responsible? | Coverage Options | Notes & Recommendations |
|---|---|---|---|
| You are at fault | You | – Loss Damage Waiver (rental company) – Personal Collision/Comprehensive Insurance |
Waiver covers damage to the rental; insurance may cover additional costs |
| Other driver is at fault | Other driver | – Their liability insurance | Rental company files claim with other driver’s insurer |
| Unclear/Disputed fault | Potentially you initially | – Personal insurance – Waiver coverage if purchased |
Pay out-of-pocket until fault is determined, then seek reimbursement |
| Rental company negligence | Rental company (rare, exceptions apply) | N/A | Only applies if company failed to maintain vehicle, knowingly rented a defective car, or allowed unqualified driver (consult an attorney) |
Purchasing a loss damage waiver from the rental car company can make a big difference, especially if you’re found liable for some or all of the accident. These waivers are often add-ons when renting the car, but they’re a nice protection to have. They’re meant to relieve you of any financial responsibility for any damage to the rental.
Without this added coverage, you may need to turn to your insurance’s collision and comprehension coverage to help pay the bills. It’s important to note, however, that these waivers are designed to cover damage to the car, not necessarily third party injuries or damages.
To avoid insurance coverage issues for rental car accidents, check what your insurance covers before you rent the car. Then, you’ll be more informed about what coverage you need before you even get the car keys.
Sometimes, you play no role in causing the crash, but you’ve got expenses to be paid. So, then what?
If it’s determined they’re liable for the accident, their liability insurance coverage should cover any costs, including rental car repairs or replacements. This would require the rental car company filing a claim with the other driver’s insurance.
The short answer to this question: probably not. Since 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act (including the Graves Amendment) has been in place to protect car rental companies from liability in these types of lawsuits. You can’t sue the company simply for being the owner of the car.
However, there are still some exceptions. If the company was clearly negligent, you may have a case. Some examples of that negligence include:
To prove the case, though, extensive evidence will need to prove they were aware of any of these issues to begin with. This is why it’s important to consult with a professional and figure out together whether or not your claim is valid.
Accidents themselves are complicated, but rental car crashes can be even more so. You don’t have to navigate this overwhelming process alone. This is what Gage Mathers Law Group is here for.
We’re seen it all, from distracted driving to zero tolerance DUI cases in Arizona and more. All of these situations can be traumatic for those involved, and we understand how difficult it can be to adjust to the new normal.
Our trusted team of legal experts can handle the insurance companies, file all of the paperwork, compile the evidence, and jump over all the legal hurdles. Gage Mathers can walk you through all of your options, explain (and fight for) your rights, and make sure you’re not on the hook for someone else’s negligence!
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