What If You Are In an Accident While Driving a Rental?


Every traveler has to face that moment of decision when signing a rental car agreement. “Should I pay the extra fee for additional accident insurance or save the money? How likely is it that I’ll have an accident?” 

No one ever expects to have a car accident, but you may face an elevated risk of an accident while driving a rental car in Texas or elsewhere. The increased accident risk for rental car drivers occurs because you are driving an unfamiliar vehicle, and often in an unfamiliar area with traffic laws that may differ from the ones at home.

So what happens if you have an accident in a rental car?

What to Do Immediately After the Rental Car Accident in Austin

After the trauma of an accident, the fact that you’re in a rental probably doesn’t cross your mind. It’s imperative to first call 911 to report the accident and give reasonable aid and comfort to any injury victims. You may be seriously injured yourself and unable to do anything but wait in place for help; however, if you can use your phone, you can take steps to protect your right to compensation as well as your physical safety. After calling 911, use your phone from your position or hand it to an uninjured companion and do the following:

  • Take photos of the damaged rental car and any other involved vehicles
  • Take photos of the accident scene and anything that contributed to the crash like a signal light or intersection
  • Take photos of any visible injuries
  • Add the contact information of the involved drivers and any eyewitnesses at the scene

As mentioned by our Austin accident lawyers, eyewitnesses become especially important in a car accident claim if the accident occurs in a location with no traffic cameras or nearby surveillance cameras. In fault-based insurance states like Texas, it’s necessary to have proof of fault and liability to collect compensation after a car accident.

How Does a Rental Car’s Status Impact Your Accident Claim?

After an accident, you should always go straight to a hospital for a thorough evaluation. Once you are able, it’s important to report the accident to the rental car company and your own car insurance company. Examine the details of your rental car agreement. Your options for recovering compensation after an Austin rental car accident could be any of the following, depending on the circumstances:

  • If you were at fault or partly at fault for the accident and you chose the additional rental car coverage, it should cover the costs of the damage to the car, medical expenses, and lost wages
  • If you purchased the collision cost waiver, the rental company releases you from liability for damage to the rental car
  • If you purchased the supplemental liability insurance, it covers damages to others in the accident if you were at fault, or your portion of the damages if you were partly at fault
  • The credit card you used to rent the car may include coverage for rental car damage
  • Your personal auto insurance may cover damages to others through your liability coverage or it may have exclusions for rental car accidents, depending on the terms of your policy
  • If the other driver was completely at fault for the accident, their insurance must pay for your damages, including property damage to the rental car, your medical expenses, lost wages, and compensation for pain and suffering

Navigating a car accident claim after a rental car accident in Austin can be challenging due to the multiple insurance options. Often, insurance companies dispute rental car claims and point the finger at other policies. The best way forward is to hire an injury lawyer in Austin to examine all available options for your recovery and determine the best path forward to maximize your compensation.