What Happens if You Are Injured in a Rental Car Accident?
If you are injured in a rental car accident, you will likely need to deal with multiple insurance policies to seek compensation, as the at-fault driver, your own insurance, and the rental company’s coverage may all be involved. The insurance process can seem complicated. A collision in a rented vehicle indeed adds extra layers to an already stressful situation. But knowing the basics can help you protect your rights and focus on your recovery.
Key Takeaways for What Happens if You Are Injured in a Rental Car Accident
- Determining liability after a rental car crash can involve multiple parties, including the at-fault driver and the rental car company.
- Several insurance policies might come into play, such as personal auto insurance, coverage offered by a credit card, or supplemental policies purchased from the rental agency.
- Injured individuals may be able to pursue compensation for medical bills, lost income, and pain and suffering.
- State laws, such as Colorado’s at-fault insurance system, govern how compensation is sought and paid.
Who is Responsible After an Accident in a Rental Vehicle?
After any car crash, a key step is figuring out who is legally responsible, or at fault. This is based on the concept of negligence. In simple terms,
negligence means someone failed to act with reasonable care, and that failure caused injury to another person. When you are injured in a rental car accident, several different parties could potentially be held responsible, and speaking with an experienced
car accident lawyer can help you understand who may be liable.
The situation can be more complex than a standard car accident because of the rental agreement. Possible at-fault parties might include:
- The Other Driver: If another driver caused the crash through actions like speeding, distracted driving, or running a red light, their insurance is typically the primary source for compensation.
- The Rental Car Company: If the rental company failed to properly maintain the vehicle and a mechanical failure — such as worn brakes — caused the crash, they may share responsibility.
- The Vehicle Manufacturer: If a defective part played a role, the manufacturer of the vehicle or the specific component could be held accountable.
Identifying the responsible parties is a critical first step in seeking fair compensation for your harm.
Dealing with Insurance for a Rental Car Crash
Insurance is often the most confusing part of a rental car crash claim. Many people visiting Colorado rent cars at Denver International Airport to explore Boulder Canyon or drive up to Eldora, and they are not always sure what coverage they have. Several layers of insurance may apply, and it is important to understand which ones might be relevant to your case.
Potential sources of insurance coverage include:
- The At-Fault Driver’s Insurance: Colorado follows an at-fault system. The driver who caused the crash is responsible for damages, making their liability policy the first source of coverage.
- Your Personal Auto Insurance: Your own auto insurance policy often extends to rental cars. Reviewing your policy can clarify what is included.
- Credit Card Benefits: Some credit cards offer rental car coverage, although it is usually secondary and may only cover damage to the rental vehicle—not personal injuries.
- Rental Company Insurance: Supplemental insurance like a Collision Damage Waiver (CDW) or Supplemental Liability Insurance (SLI) may provide additional protection if you chose to purchase it.
Each policy has its own terms and limitations, which can make navigating the claims process feel overwhelming.
Understanding Your Right to Compensation in Colorado
If someone else’s negligence caused your injuries, you have the right to seek financial compensation for your losses, known as “
damages.” This compensation is intended to help make you whole again by addressing the financial, physical, and emotional effects of the accident.
You may be able to recover compensation for:
- Medical Costs: Emergency care, hospitalization, physical therapy, medications, and long-term treatment needs.
- Lost Income: Wages lost due to inability to work, as well as diminished future earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, and the impact on your daily life and well-being.
- Property Damage: Reimbursement for personal items damaged in the crash.
Pursuing a
car accident claim can help hold negligent parties accountable while providing the financial support needed to recover.
FAQ for What Happens if You Are Injured in a Rental Car Accident?
What happens if the at-fault driver has no insurance or not enough insurance?
If the at-fault driver is uninsured or underinsured, you may be able to use your own Uninsured/Underinsured Motorist (UM/UIM) coverage from your personal auto policy. This coverage is designed specifically for situations like these.
Is the rental car company responsible for making sure its cars are safe?
Yes. Rental companies must maintain their vehicles and ensure they are safe to drive. If poor maintenance—such as worn tires or faulty brakes—caused the accident, the rental company could be held liable.
Does the Collision Damage Waiver (CDW) cover my injuries?
No. A CDW (or LDW) only protects you from being charged for damage to the rental vehicle. It does not cover your medical bills or the injuries you cause to others.
Let Our Car Accident Lawyers Help You Move Forward
We understand that being injured in a rental car accident can be frightening and stressful. Our attorneys are committed to providing caring, competent guidance to people who have suffered serious injuries. We work to hold negligent parties accountable while ensuring you have a supportive advocate in your corner.
At Sloat, Nicholson & Hoover, P.C., you will speak directly with your
personal injury attorney and have a dedicated team supporting your case. If you were hurt in a crash and have questions about your rights, we are here to help. Contact us today at
303-447-1144 or through our
online form for a free, no-obligation consultation.
