Accidents involving rental cars can be particularly challenging to navigate. Whether you’re a driver or a passenger, dealing with a rental car accident often means handling both the driver’s insurance and the rental company. If you’ve been hit by a rental car, it’s essential to understand your rights, what steps you should take immediately, and when you might have grounds to file a claim against the rental company itself.

Why File a Claim Against a Rental Car Company?

If you’re injured in an accident with a rental car, you may wonder whether you can hold the rental car company responsible. There are several reasons why you might want to pursue a claim against the rental company:

  • Out-of-State or Out-of-Country Drivers: If the driver of the rental car lives out of state or even out of the country, it can be more complicated to pursue a claim against them directly. Different laws, time zones, and communication issues can create barriers. In such cases, the rental company may offer a more stable and accessible route for compensation.
  • Exceeding the Driver’s Insurance Coverage: If the driver’s insurance isn’t enough to cover your damages, the rental company could be a secondary source of compensation. This is particularly important if the driver’s insurance policy has limited coverage or if they are uninsured.

What Should You Do If You’re Hit by a Rental Car?

The process of handling a rental car accident is similar to any other car accident, but there are some additional details to consider. Here’s a guide to the immediate steps you should take:

  1. Call 911 and Seek Medical Attention – Your priority should always be your safety and health. Call emergency services to report the accident and ensure that everyone involved receives proper medical attention. Even minor injuries should be assessed by medical professionals, as some symptoms may appear later.
  2. Gather Information – Just like any other accident, collect the essential information from the driver of the rental car, including their:
    • Full name
    • Contact details
    • Insurance information
    • The rental car’s information, such as the rental company name, the rental agreement number, and the vehicle’s details.
  3. Report the Accident to the Rental Car Company – If you’ve been hit by a rental car, report the accident to the rental company as soon as possible. They will need to know the details of the accident, and this could be necessary for processing your claim.
  4. Document the Scene – Take photos of the accident scene, including any damage to vehicles and any visible injuries. This will provide essential evidence to back up your claims later in the process.

Can You Hold the Rental Car Company Responsible?

In general, rental car companies are not held responsible for the actions of their renters due to a federal law known as the Graves Amendment. However, there are exceptions. The rental company can still be liable under certain circumstances, such as:

  • Negligent Entrustment: This occurs when the rental car company rents a car to someone who is clearly unfit to drive, such as someone who is visibly intoxicated or has a suspended license. If the rental company failed to exercise reasonable judgment and allowed a person to drive who they should have known would be dangerous, they could be held accountable for the accident.
  • Inadequate Vehicle Maintenance: Rental car companies are responsible for maintaining their vehicles in a safe condition. If the car you were hit by had a maintenance issue, such as faulty brakes or worn-out tires, and that issue led to the accident, the rental company could be held liable for the damages. This is especially true if the rental company failed to properly maintain the vehicle or ignored necessary repairs that could have prevented the accident.

In Florida, the Dangerous Instrumentality Doctrine holds vehicle owners, including rental car companies, accountable if they allow an unsafe vehicle to be operated, regardless of Florida rental car insurance laws that may otherwise limit liability. While the Graves Amendment limits the rental company’s vicarious liability for the actions of their renters, this doctrine ensures that the rental company is still liable if the vehicle was poorly maintained or if they negligently entrusted it to someone unfit to drive.

We’ve seen situations where a client was given just 3 days to return a rental car after the rental company determined that their vehicle was a total loss. Unfortunately, this wasn’t enough time for the client to find a new car, which led to unnecessary stress. While rental companies are not required to provide extended rental periods for total losses, this situation highlights how critical it is to have rental coverage to avoid such delays.

What to Expect From the At-Fault Driver’s Insurance

If the driver of the rental car is at fault, their insurance should cover your damages. However, depending on the situation, things can get tricky:

  • If the At-Fault Driver Has Adequate Insurance: The driver’s liability insurance should cover the repairs to your vehicle and any medical costs you incur. But this can take time, as insurance companies often need to investigate liability before agreeing to pay out.
  • If the Driver is Underinsured or Uninsured: If the driver does not have sufficient coverage, Florida’s uninsured motorist (UM) insurance could help. If you have this coverage on your own policy, it can cover any remaining expenses after the at-fault party’s insurance has been exhausted.
  • Using Your Own Insurance: If the at-fault driver’s insurance is delaying payment, your own collision coverage or rental coverage can help cover the rental car expenses while you wait. Additionally, personal injury protection (PIP) can cover some medical expenses regardless of who caused the accident.

$100,000 Settlement Recovered After Being Hit by a Rental Car

Our client was driving east on Gulf to Bay Boulevard when the unexpected happened. A driver, behind the wheel of a rental car from Enterprise, attempted to cross three lanes of traffic from the median directly in front of her. Despite her best efforts to avoid the collision, traveling at around 40 miles per hour, our client was unable to stop in time and struck the defendant’s vehicle on the passenger side.

The impact was severe, and our client was rushed to the emergency room, where she complained of intense neck, back, and abdominal pain. After a series of CT scans and diagnostic tests, it was determined that she hadn’t sustained any broken bones or fractures. She was discharged from the hospital, but the pain lingered.

Soon after, our client reached out to Abrahamson & Uiterwyk for help. We quickly connected her with a doctor for physical therapy and chiropractic care to address her ongoing pain. However, when the therapy didn’t alleviate her discomfort, we recommended further testing. MRIs of her cervical and lumbar spine revealed troubling results: bulging discs in her neck and a significant herniation in her lower back. Given the severity of the findings, she underwent a series of epidural steroid injections followed by radiofrequency ablations to manage her pain.

After her treatment plateaued, we took action. Our firm compiled a comprehensive demand package, which included all medical records and bills, and submitted it to the defendant’s insurance company, requesting the maximum $100,000 policy limits. Despite receiving several lower offers, we stood firm, and the insurance company ultimately agreed to meet our demand and tender the policy limits.

Next, we turned to our client’s underinsured insurance carrier. Initially, they were unwilling to offer their policy limits. We filed a lawsuit to press them further. Our firm kept up the pressure throughout litigation, and just before depositions were scheduled, the insurance company finally agreed to settle and tender their $100,000 limits as well.

In the end, our client was able to secure the full compensation she deserved without having to endure further litigation, and she was very pleased with the result.

What If You’re the Injured Passenger?

As a passenger in a rental car accident, you have similar rights to a driver. You can file a claim for medical expenses, lost wages, pain, and suffering. If the driver of the rental car was at fault, their insurance should cover your damages. In some cases, the rental car company may be involved if the driver was negligent or unfit to operate the vehicle.

How Long Will You Have a Rental Car?

After an accident, if the at-fault party is determined to be the driver of the rental car, the at-fault insurance is generally responsible for covering the cost of a rental car during the period your vehicle is being repaired. If your vehicle is totaled, the rental car company typically provides you with a rental for 3 to 5 days to give you time to find a replacement vehicle.

If you have rental coverage on your policy, your own insurance may cover the cost of a rental car until the insurance company of the at-fault party makes a decision. It’s always helpful to have rental coverage on your policy to avoid delays or complications.

A Rental Car Hit Me: What to Do Next and How to Hold the Rental Car Company Responsible

Being involved in an accident with a rental car adds a layer of complexity to the claims process, but understanding your rights and the steps you need to take can help you manage the situation more effectively. Whether you’re the driver or a passenger, it’s essential to gather the right information, report the accident to the rental company, and explore all of your options for compensation. A car accident in a rental car can have unique legal and insurance implications, so acting quickly is critical.

If you’re facing complications or delays, Abrahamson & Uiterwyk is here to help. Our experienced rental car accident lawyers can navigate the legal landscape and ensure you get the compensation you deserve. We specialize in handling rental car accident claims and can help you understand your options and rights.

By knowing your rights and the various ways to hold rental car companies accountable, you can better protect yourself and recover the damages you’ve suffered due to an accident with a rental car. If you’ve been injured in an accident involving a rental vehicle, contact Abrahamson & Uiterwyk today for a consultation. Let us help you secure the compensation you’re entitled to.

FAQ: Hit by a Rental Car – Common Questions Answered

1. Can I get a rental car if I am not at fault?

Yes, if you are not at fault in the accident, the at-fault driver’s insurance should provide you with a car rental after an accident, during the repair of your vehicle. However, the at-fault insurance company may delay the process. In such cases, using your own insurance to get a rental car is an option, and your insurance company can seek reimbursement from the at-fault party.

2. What happens if the at-fault driver does not have rental coverage?

If the at-fault driver does not have rental coverage on their policy, their insurance is still required to provide you with a rental car for the duration of your vehicle’s repairs. If the insurance company is unwilling to pay or delays payment, it is often better to use your own rental coverage to avoid being without a car.

3. How long can I keep a rental car?

The duration for which you can keep a rental car depends on whether your vehicle is being repaired or deemed a total loss. If the repairs are underway, insurance typically covers the rental for a reasonable time, often around 2 weeks. If your car is a total loss, the rental company will usually provide a car for 3 to 5 days. You may be able to extend the rental if more time is needed for repairs, but you will need to contact your insurance company for approval.

4. What happens if the at-fault driver doesn’t have enough insurance to cover my rental car costs?

If the at-fault driver’s insurance isn’t enough to cover the full cost of your rental car, your own insurance may step in. If you have uninsured/underinsured motorist (UM/UIM) coverage, this can help cover the shortfall. Florida law allows you to file a claim against the at-fault party’s insurance or use your own coverage to ensure you’re not left paying for the rental out of pocket.

5. Can I rent a car if I have only liability insurance?

Yes, if you only have liability insurance and are not at fault, the at-fault party’s insurance should cover the cost of a rental car. However, if the at-fault driver’s insurance company is dragging its feet, you may be able to rent a car out of pocket and submit the bill for reimbursement later. It’s also helpful to have personal injury protection (PIP) or rental car coverage on your policy to avoid any gaps in rental car coverage.

6. What should I avoid saying to the at-fault driver’s insurance company when requesting a rental car?

When contacting the at-fault driver’s insurance company, avoid mentioning your injuries in detail. Keep your statement focused on the accident itself, and make it clear that the other driver was at fault. Do not make any statements suggesting that you had any responsibility for the accident or downplay the incident.

7. What happens if the rental company or the at-fault driver’s insurance denies my rental car coverage?

If the at-fault driver’s insurance wrongfully denies your rental car coverage or stops paying for it, you can pursue the matter in a personal injury lawsuit. In such cases, you may seek reimbursement for your rental car expenses as part of your damages during settlement negotiations.

8. Can I rely on my credit card insurance for rental cars?

Some credit card companies offer rental car insurance coverage, but the details vary. If you used your credit card to pay for the rental car, check with the card issuer to determine what is covered. This coverage may help with damages to the rental vehicle but may not apply in the case of injury or damages caused by the accident to other parties.

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