Auto accidents often result in confusing paperwork on top of your injuries and property damage, but they are even more challenging when you’re driving a rental car. You must untangle liability and insurance policies so that you aren’t left wondering who pays for a rental car accident in Texas.
At Smith & Lee, our Rockwall personal injury lawyers help you understand what steps to take after an accident in a rental car in Texas and how to protect your interests. Let’s review some common concerns people have about rental car wrecks and what you can do to maximize compensation.
We want to do right by you. Our team is prepared to answer your questions and address all concerns. Contact our law firm today for a free consultation.
What Are the First Steps You Must Take After a Rental Car Accident in Texas?
Like a crash in your personal vehicle, your first action should be to call 911 for police and medical assistance. This documents any injuries and provides a formal police report concerning the accident.
The Texas Department of Insurance provides the following advice on what you should do if you’re in an accident in a rental car:
- Exchange contact and insurance information with anyone else involved in the accident.
- Ask witnesses for their contact details so your car accident attorney can interview them later.
- Photograph your injuries and property damage, along with road conditions, weather, and signs near the crash scene.
- Talk to the police about what happened and ask for a copy of the report.
- Seek medical attention right away, even if you seem fine after a collision.
Because you were in a rental car, you must also try to determine which insurance policy covers the crash. The rental agreement likely includes language about returning the car in the same condition as when you rented it. Yet you probably want to avoid using your personal auto insurance unless absolutely necessary.
Why Is Immediate Medical Attention and Scene Documentation Critical?
It’s vital to get examined and treated right away to establish a link between the accident and your injuries. Insurance companies may question whether you got hurt in the crash, possibly delaying your settlement. By collecting photos, videos, police reports, witness statements, and other documentation of the accident scene, you can more easily support your claim against those at fault.
Do I Need to File a Police Report After an Accident in a Rental Car in Texas?
Yes, you must file a police report when a crash results in injuries, death, or property damage over $1,000, under Texas Transportation Code § 550.062. The rental car company often requires this report before it will process your claim.
How Do You Properly Report the Wreck to the Rental Car Company?
Once you’re medically stable and in a safe location, it’s time to report the crash to the rental company. They usually have an emergency number posted inside the car and on your rental agreement. Call them and follow these steps:
- Give them the details about your rental car accident in Texas, but avoid admitting any fault. This includes saying things like “I’m sorry.”
- Provide the name of the other driver and their insurance information.
- If the car is drivable, ask the rental company representative for a location to take the vehicle.
- If it’s not drivable, ask them for the number of the towing service they use.
- Write down the name and employee ID number of the representative, as well as the claim number they give you.
- When you return the rental car, fill out an accident report for the company and ask for a copy of it.
You should also call your personal auto insurance company and report the accident. If you used a credit card to rent the car, call that company and report the crash. Take down the names and numbers of each person you speak to, so you can refer back to your notes in future conversations.
Who Is Financially Liable Under Texas “At-Fault” Insurance Rules?
Texas is an “at-fault” state, meaning the party who caused the accident is liable for injuries to others.
By law (Texas Insurance Code § 1952.0515), all drivers must carry at least $30,000 of liability insurance for bodily injury per person ($60,000 per accident) and $25,000 of coverage for property damage. Fault is determined by many factors, including whether the police issued citations or assigned fault on their report.
How Partial Fault Can Make Matters More Complex
Who pays for a rental car accident in Texas gets complicated if you were partly at fault. It may fall on your personal insurance, the rental car company’s coverage, or your credit card company. The rental car company may charge you upfront for the damages, but you can ask your personal insurance company for reimbursement once the claim is settled.
How Do Overlapping Insurance Layers Handle a Rental Car Claim?
For short-term rentals, most personal auto insurance policies cover any accidents, including personal injury and property damage. They may exclude long-term rentals, so you’ll need to review your policy to verify coverage.
The rental car company usually offers a collision damage waiver (CDW), which isn’t actual insurance. It only waives you from paying for any damage or theft to the vehicle itself and does not pay for injuries or damage to other cars. If you rent with a credit card, the company usually provides coverage for collision and damage, but rarely for personal injury.
Different Parties Could Pay for a Rental Car Wreck
Who pays for a rental car accident in Texas depends on the type of loss involved and what policies are in place at the time of the wreck. Here are some possible options:
- Your personal auto insurance would pay for personal injury to another person (or their policy would pay for your injuries if they’re at fault).
- If you opted for the CDW, you don’t pay anything for damage to the rental car.
- If you have optional collision or comprehensive coverage in your personal insurance, you could use it to pay for any remaining costs on the rental car.
- Your credit card company may pay for damage to the rental car, but not for personal injury to another person.
- If you lost personal effects in the crash, such as jewelry or a computer, your homeowners’ or renters’ insurance policy may cover those losses.
After getting medical care and collecting information from others, the next thing you should do if you’re in a crash in a rental car is contact a qualified injury lawyer. They can review all the insurance policies involved and help you figure out who pays for a rental car accident in Texas.
How Does Texas’s 51% Modified Comparative Fault Rule Apply to Rental Crashes?
Under Texas Civil Practice and Remedies Code Chapter 33.001, all parties are liable under proportionate responsibility for their shares of the damage. If you are 50% or less at fault, you can seek compensation, but it’s reduced by the same amount. If you’re 51% or more to blame, you can’t file an insurance claim or lawsuit against others.
For rental car crashes, insurance companies may try to reduce or deny your claim if they believe the evidence shows you were mostly to blame. That’s why it’s essential to have a skilled car accident lawyer on your side so they can present a case minimizing any fault assigned to you.
How Can Smith & Lee Help You Navigate a Complex Rental Car Accident Claim?
When you question, “What should I do if I’m in a car accident in a rental car?” we want you to think of us as your local personal injury firm and trusted advisor.
We Will Do Right By You
We’re dedicated to helping you get through your claim as quickly as possible by handling medical bills and health insurance. We also negotiate with insurance companies on your behalf to reach a fair settlement for your losses.
It’s Best to Act Quickly
The Texas statute of limitations gives you only two years to file a lawsuit after a rental car accident in Texas. Waiting too long to act can leave you saddled with unnecessary bills, but our Rockwall car accident attorneys prepare and file your case so you can seek compensation from those at fault.
Frequently Asked Questions About Texas Rental Car Accidents
We offer numerous injury and accident resources to educate our current and future clients. This includes answers to these frequently asked questions about rental vehicle collisions.
Does my personal auto insurance policy cover damage to a rental car?
Most auto policies cover short-term rental vehicles, but the details vary from one company to another. It’s smart to check your policy prior to renting a car to verify how they handle liability insurance, collision, and comprehensive coverage.
What happens if I decline the rental company’s Collision Damage Waiver (CDW)?
If you don’t accept the CDW, you should check with your personal insurance policy or credit card company to verify whether either of those will cover damage to the rental vehicle. With the CDW, you are accepting responsibility for damage, repairs, and loss of use.
Can I sue a rental car company directly under the Graves Amendment?
It depends on the details of the crash. The 2005 Graves Amendment prevents you from suing a rental company for any losses unless you can show that the company itself was negligent and caused the accident.
Prior to the Graves Amendment, drivers could sue rental companies for damages and injuries they suffered in a rental car accident in Texas.
Trust in Smith & Lee After a Rental Car Accident in Texas
Smith & Lee has a rock-solid reputation and local foundation in Rockwall County. We serve working people like you from our office on N. Goliad St. We also offer guidance in locations such as Caddo Mills, Fate, Heath, Greenville, and Royse City in Texas. For a free consultation, contact our law firm today.