What To Do After a Rental Car Accident

After an accident involving a rental vehicle occurs, you likely have a bunch of questions that may not have readily available answers. Regardless of whether or not you were in the rental vehicle or were in another vehicle affected by a rental, there are some steps you should take fairly quickly in order to help both ensure that you receive any compensation you are owed and that you are not held accountable for something you didn’t do. Keep reading to learn more from our Orange County car accident attorneys.

Step 1: Ensure Everyone’s Safety

As with any car accident, the first priority is ensuring everyone’s safety. Check for injuries and, if necessary, call emergency services immediately. If the accident was minor and no one is seriously injured, move the vehicles out of the flow of traffic to avoid further accidents.

Turn on your hazard lights and set up reflective warning triangles if you have them. It is important to stay calm and composed, as this will help you make clear decisions about what to do next.

Step 2: Contact Law Enforcement and Report the Accident

Under California law, any car accident that results in injury (regardless of severity), death, or property damage over $1,000 must be reported to the California DMV within ten days. Regardless of whether you are in a rental vehicle or your personal car, you are required to file this report. Failing to report an accident could result in penalties and complications with insurance claims. Additionally, the police report will provide crucial evidence for determining fault and insurance claims.

Step 3: Document the Scene

After ensuring everyone is safe and calling law enforcement, gather as much information from the accident scene as possible. Proper documentation is critical when dealing with rental car accidents. This includes:

• Taking photos and videos. Capture the damage any vehicles or other property involved, any visible injuries, and the surrounding scene. Include photos of skid marks, road conditions, traffic signs, and any relevant factors that could help show what happened.
• Collecting witness information. If there were witnesses to the collision with the rental, ask for their contact details and a brief statement. 
• Exchanging information with other drivers. Get the name, contact information, driver’s license number, and insurance details of all drivers involved in the accident. For the rental car driver, you will also need the rental company’s contact information and the rental agreement.

Step 4: Notify the Rental Car Company

If you were driving a rental vehicle, notify the rental car company about the accident as soon as possible. Most rental car agreements require that accidents be reported within 24 hours. Failing to inform the rental company could lead to complications in handling the damage or insurance claims. When you speak to the rental company, follow their instructions about where to take the vehicle and whether any additional steps are needed.

The rental car company may be responsible for filing an insurance claim if they provided insurance coverage through the rental agreement. However, if you opted out of the rental company’s insurance, you will likely need to handle the claim through your personal auto insurance or credit card provider, depending on the coverage you selected.

Step 5: Determine Fault in a Rental Car Accident

In California, determining fault in a rental car accident can be more complicated than in a standard vehicle crash, as there are additional factors to consider. In California, liability for an accident typically falls on the party who was negligent. The driver of the rental car, other drivers, or even the rental car company could be at fault, depending on the circumstances. Some common scenarios include:

• The rental car driver is at fault. If the person driving the rental car caused the accident, they (and their insurance provider) would be liable for the damages.
• Another driver is at fault. If another driver caused the collision involving the rental, they are responsible for covering damages to the rental car and any injuries to the rental car occupants.
• Vehicle malfunction. If the rental car malfunctioned due to poor maintenance or a defect, the rental car company or vehicle manufacturer could be held liable for the accident.

Step 6: Filing an Insurance Claim

The insurance process for rental car accidents can vary based on the coverage in place at the time of the accident. The most common types of insurance coverage for rental cars include:

• The rental company’s insurance. Many rental car companies offer optional insurance coverage, including collision damage waivers (CDWs) and liability insurance. If you purchased this coverage, the rental company’s insurance may cover damages to the rental car and other vehicles involved.
• Your personal auto insurance. If you declined the rental company’s insurance, your personal auto insurance may provide coverage. In most cases, your liability coverage will extend to rental cars, but it is important to check your policy before renting a vehicle.
• Credit card coverage. Some credit cards offer rental car insurance if you use the card to pay for the rental. This coverage is often secondary to your personal auto insurance, meaning it will only cover what your primary insurance does not.

Step 7: Reach Out to an Attorney

Rental car accidents can be complicated, and handling claims on your own can be overwhelming. Even if the fault seems clear, there may be legal challenges related to insurance coverage, rental agreements, and liability. A skilled attorney can help you navigate these complexities and protect your rights.

Consulting with an attorney is particularly important if:

• There are disputes over who is at fault.
• You are facing high medical bills or property damage.
• The rental car company or another party’s insurance is refusing to cover your damages.

A car accident attorney will assess your case, negotiate with the insurance companies, and pursue compensation on your behalf. Whether through settlement or litigation, an attorney can help ensure that you receive the compensation you deserve for your injuries and losses. If you were injured, contact our firm today for a free claim consultation and to get started filing a personal injury claim.