Who is Responsible for an Accident Involving a Rental Car?

Determining liability and responsibility in rental car accidents in Houston, Texas, is complex. Before you do anything, speak with a car accident attorney to understand who is at fault for your injuries and damages. This is because other parties involved in the car crash may not be concerned with looking out for your best interests. 

 

Insurance companies prioritize avoiding responsibility rather than providing compensation for your claim. This write-up explains the key aspects of liability, insurance coverage, and the steps you should take after a car accident involving a rental vehicle. 

 

Who Is Responsible for Damages After a Rental Car Accident?

 

In the event of a rental car accident, responsibility for damages is typically determined based on negligence. Negligence is the failure to exercise reasonable care, causing harm to others. The party found to be negligent is typically considered liable for the damages.

 

Liability Automobile Insurance Policies

 

Texas automobile insurance laws require motorists, including those operating rental vehicles, to provide basic liability coverage. In Texas, drivers should have at least $30,000 in coverage for injuries to one person involved in a car crash (or $60,000 for injuries to two or more people). 

 

Additionally, they must carry a minimum of $25,000 in coverage for property damage. This coverage generally extends to the driver who rented the car. If the accident occurred due to the driver's negligence, their liability insurance should cover the damages up to the policy limits.

 

Rental Car Insurance Policies

 

Rental car companies also offer additional insurance policies that can protect you in the event of an accident. These policies typically include collision damage waivers (CDW) and loss damage waivers (LDW). CDW covers the costs of repairing the rental car, while LDW protects against theft or damage to the vehicle.

 

Insurance Through Credit Cards

 

If you pay for your rental car using a credit card, you may have some insurance coverage through your credit card issuer. Some credit card companies offer rental car coverage as a benefit to cardholders. However, the coverage and terms can vary depending on the card issuer and the specific credit card used.

 

Certain conditions may need to be met if you want to take advantage of credit card insurance coverage. For example, you may be required to decline the rental car company's insurance policy and pay for the rental with the credit card in question. Reviewing your credit card agreement or contacting your card issuer to understand the extent of the coverage provided is crucial.

 

Uninsured and Underinsured Motorist Coverage

 

At times, the other motorist’s insurance coverage could be insufficient to compensate for the damages. Here, you will need uninsured and underinsured motorist coverage. 

 

If you have this type of coverage on your auto insurance policy, it can provide additional protection in a rental car accident. Uninsured motorist coverage is required if the at-fault party has no coverage, while underinsured motorist coverage applies when their insurance limits are insufficient to cover the damages.

 

Are You Responsible for Damages if You Were Not at Fault?

 

If you were not at fault for the rental car accident, you should not be held responsible for the damages. However, it's essential to gather evidence, such as photos, witness statements, and police reports, to support your case. Notify the rental car company and your insurance provider promptly, providing them with all the necessary information.

 

What Compensation Can I Recover for a Rental Car Accident?

 

In a rental car accident, your compensation depends on various factors, including the extent of your injuries, property damage, medical expenses, lost wages, and pain and suffering. A car accident attorney in Houston can assist with navigating the legal process and ensure you receive fair compensation for your damages.

 

Steps to Take After a Car Accident Involving a Rental Vehicle

 

Immediately following a car accident involving a rental vehicle, you should take certain steps to protect your rights and ensure a smooth claims process, including:

 

• Check for injuries: First and foremost, ensure that all accident victims receive necessary medical attention. Your health and safety should be your top priorities.
• Notify the authorities: Contact the local law enforcement agency and report the accident. Request a copy of the police report, which is needed when bringing your insurance claim.
• Document the scene: Take photos or videos of the accident scene. These include the vehicles involved, the surrounding area, and any visible damages or injuries. This evidence can be valuable during the claims process.
• Exchange information: Obtain the contact and insurance details of all parties involved in the accident, including drivers, passengers, and witnesses.
• Notify the rental car company: Inform the rental car company about the accident as soon as possible. Follow their instructions regarding reporting procedures and the return of the vehicle.
• Notify your insurance provider: Contact your auto insurance company and provide them with all the relevant accident details. Promptly file a claim, including the police report and any supporting evidence you have collected.
• Consult an attorney: If you encounter any challenges or the accident results in significant damages or injuries, hire a car accident attorney in Houston. They can guide you through the legal process and protect your rights.

 

Dealing with the aftermath of a car accident involving a rental is overwhelming, especially navigating insurance claims, liability, and legal procedures, which require expertise and experience. Speaking with an accident lawyer can provide guidance and represent your interests to ensure you receive fair compensation for your damages and injuries.