Call Now
If you’ve been in a not-at-fault accident rental car situation, it’s okay to feel overwhelmed. Because they involve unfamiliar vehicles and additional insurance layers, rental car accidents are far more disorienting than regular crashes.
This guide breaks down what to do at the scene of a rental car accident, who pays, how insurance works, and how a car accident lawyer can help protect you from unnecessary charges.
What To Do Right After a Rental Car Accident
Follow these step-by-step instructions to protect your health and your legal rights if you’re ever involved in a car accident in a rental car:
Step 1 – Check for Injuries and Call 911
Your safety comes first. Move to a safe area away from traffic if possible. Check yourself and others for injuries. If anyone is hurt or the vehicles are damaged, call 911 right away. A medical record created early makes your claim stronger later on.
Step 2 – Exchange Information With the Other Driver
Collect the other driver’s:
- Name
- Phone number
- License plate number
- Insurance information
- Rental car company name (if they’re also in a rental)
Step 3 – Document the Scene and the Rental Vehicle
Documentation is critical in not-at-fault accident rental car situations. Rental companies often charge your card first and sort things out later, so take photos and videos of everything, including:
- Damage to both vehicles
- Road conditions, signs, and weather
- Injuries
- The interior and exterior of the rental car
Step 4 – Get a Police Report
Ask the officer for a report number before leaving the scene. Insurance companies rely heavily on police reports to determine fault and who pays.
Step 5 – Notify the Rental Car Company
Call the emergency number listed in your rental agreement. Each company has its own rental car accident procedure and required forms. Follow their instructions but avoid admitting fault.
Step 6 – Contact Your Own Insurance Company
Even in a rental car accident where you aren’t at fault, your insurer can help guide the process. In many cases, your personal policy extends to rental vehicles, but coverage varies. Reporting early helps prevent the rental company from controlling the narrative.
Step 7 – Consider Calling a Rental Car Accident Lawyer
If the rental company pressures you, fault is disputed, or you’re unsure how to handle multiple insurers, it may be time to talk with a professional car accident lawyer.
Who Pays After a Rental Car Accident?
Sorting out payment after a rental crash can feel confusing because you’re dealing with the other driver, the rental company, your insurer, and sometimes even your credit card company. Depending on the assigned fault, here’s who pays in an accident with a rental car:
If You’re Not at Fault
In most cases, the at-fault driver’s liability insurance is responsible for paying for:
- Damage to the rental car
- Your medical bills
- Lost wages
- Other accident-related losses
The rental company may deal directly with the at-fault insurer, but they may temporarily charge your card for damage or loss-of-use fees while waiting for reimbursement. If this happens, keep documentation. These charges can be refunded once liability is confirmed.
If You Might Be at Fault or Fault Is Disputed
If fault isn’t clear, your policy may need to intervene first. This can include:
- Your collision coverage
- Optional rental coverage
- Medical payments coverage, if you have it
When fault is contested, a rental car accident lawyer will protect your rights and help you avoid unnecessary charges.
How Insurance and Rental Agreements Work in a Rental Car Accident
Rental accidents involve several layers of coverage. Understanding how they work helps you minimize or avoid out-of-pocket payments.
Your Personal Auto Policy
Your personal auto insurance often provides:
- Liability coverage: Injuries and property damage you cause to others.
- Collision coverage: Damage to the rental car, if you carry it.
- Comprehensive coverage: Non-collision damage such as vandalism or theft.
- Uninsured/Underinsured Motorist (UM/UIM): Helps if the at-fault driver doesn’t have enough coverage.
Key notes:
- In many states, your personal liability policy extends to rental vehicles, but liability only covers damage you cause to someone else.
- Collision and comprehensive usually extend to rental cars if you already have them on your personal vehicle.
- If you purchased a damage waiver from the rental company, your personal policy may act as secondary coverage or not apply at all. Always check your policy after the crash to see what applies.
Rental Car Company Coverage and Damage Waivers
Most rental companies offer a Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) at the counter. These aren’t insurance—they’re contracts that remove your financial responsibility for the rental vehicle if it’s damaged or stolen.
What CDW/LDW Typically Covers
- Most repair costs
- Diminished value claims
- Loss-of-use fees
- Administrative fees
- Some of the parts and labor costs tied to collision damage
What Waivers Often Don’t Cover
- Damage caused by unauthorized drivers
- Damage linked to speeding, off-roading, DUI, or reckless driving
- Damage that happens while violating the rental agreement
- Personal belongings inside the car
If you decline the waiver, the rental company may charge your card for repair costs during the investigation. Keep every receipt and letter, as documentation helps maximize your compensation once fault has been assigned.
Credit Card Rental Car Coverage
Many major credit cards include secondary rental car coverage, and some premium cards offer primary coverage. This coverage varies widely but may include:
- Collision damage to the rental car
- Theft of the rental car
- Towing expenses
- Certain fees charged by the rental agency
Credit card coverage usually does not cover injuries, property damage to others, or personal items.
To use this coverage, the cardholder typically must:
- Pay for the rental with the card
- Decline the rental company’s CDW/LDW
- Meet the card’s time limits and paperwork requirements
Common Rental Car Accident Scenarios (And What to Do)
Every rental car accident is different, but most fall into a few common scenarios. Here’s what typically happens and how to protect yourself.
Someone Hits Your Rental Car (You’re Clearly Not at Fault)
If another driver hits your vehicle, the steps are similar to but more important than those of a regular crash because you’re dealing with a rental agreement.
Here’s what to do if someone hits your rental car:
- Call the police and request an accident report.
- Get the at-fault driver’s insurance details.
- Take photos of the rental from all angles.
- Contact the rental car company and your insurer.
If you’re in a not-at-fault accident rental car scenario, you usually don’t have to pay for damage. The rental company might place temporary charges on your card, but those should be refunded once liability is confirmed.
You’re Driving a Rental and Hit Another Car
If you collide with another driver while driving a rental car, stay calm and follow the same steps:
- Check for injuries
- Call police
- Notify the rental agency
- Document everything
Your personal auto insurance usually acts as primary coverage and pays for injuries or property damage you cause.
If you bought the rental company’s damage waiver, you may be protected from paying for damage to the rental car itself, unless the agreement was violated. If you didn’t buy the waiver, you could be responsible for repair costs, loss-of-use fees, and administrative fees.
Even when you think you’re responsible, calling a rental car accident lawyer can help prevent overcharging and protect your rights.
You’re a Passenger in a Rental Car Accident
Passengers often have strong injury claims because they typically can’t be blamed for causing the crash.
Depending on fault, passengers may:
- File a claim against the at-fault driver
- Use the rental driver’s insurance for medical expenses
- Use their own insurance if they have MedPay or UM/UIM coverage
- Seek compensation for medical bills, lost income, pain and suffering, and more
If injuries are serious or multiple drivers are blamed, speak with a lawyer before accepting a settlement offer.
When to Call a Rental Car Accident Lawyer
Car accidents in rental cars often involve multiple insurers, and each one may try to deny liability. Legal help can protect your rights and keep you from paying out of pocket.
Red Flags That You Need Legal Help
You should consider calling a lawyer if:
- You suffered serious injuries
- The rental company starts billing you for damage
- There’s a dispute about fault
- Multiple insurers are pointing fingers at each other
- You’re in a not-at-fault accident rental car situation, but are being charged anyway
How a Lawyer Helps in a Rental Car Accident Case
A rental car accident lawyer will:
- Investigate fault and gather evidence
- Work directly with the rental company
- Handle communication with every insurer
- Challenge unfair bills or loss-of-use fees
- Protect you from low settlement offers
- Seek full compensation for injuries, lost wages, and pain and suffering
If you need help navigating the legal aftermath of a rental car accident, speak with an Atlanta car accident lawyer at Weatherby Law Firm for guidance.
FAQs About Rental Car Accidents
1. What should I do if someone hits my rental car and it’s not my fault?
Call the police, get an accident report, gather evidence, and notify both the rental company and your insurer. Good documentation helps prove you weren’t responsible and prevents wrongful charges.
2. Does my personal car insurance cover a rental car accident?
In many cases, yes. Liability coverage usually extends to rental vehicles, and collision/comprehensive may apply if you already have them. Coverage varies by insurer, so check your policy after the crash.
3. Do I have to pay for rental car damage if I wasn’t at fault?
Usually no. The at-fault driver’s insurer should pay. Sometimes the rental company charges your card upfront, but those charges can be refunded after liability is confirmed.
4. Can a rental car accident affect my insurance rates?
If you weren’t at fault, rates typically don’t increase. If your insurer pays first during the investigation, rate changes depend on the company and your policy.
5. Do I need a rental car accident lawyer if the crash was minor?
It depends on how the rental company and insurers react. If fault is unclear or the rental company charges extra fees, getting a lawyer involved can protect you from paying more than you should.
Talk to Weatherby Law Firm About a Rental Car Accident in Atlanta
A rental car accident can leave you dealing with confusing insurance rules, unexpected charges, and a rental company that seems more focused on billing than helping. When you’re in a not-at-fault accident rental car situation, the process feels even more overwhelming.
But you don’t have to make sense of it alone.
Weatherby Law Firm has experience handling complex rental car accident cases in Georgia. Our team helps protect clients from unfair charges, pushes back against insurance companies, and guides you through each step of the claims process.
Contact Weatherby Law Firm today for a free consultation. We will listen to your story and help you understand your options after a rental car accident.
