Being involved in a car accident is stressful, and it can be even more confusing if the vehicle is a rental. In Las Vegas, where thousands of tourists drive rental cars every month, accidents can happen quickly. Understanding what to do after a rental car accident can help protect your health, your finances, and your legal rights.
Whose Insurance Pays After a Rental Car Accident
When a rental car accident happens, it’s important to know which insurance policies cover the damage. Coverage can come from your personal auto insurance, the rental company, or even your credit card, and knowing how these work together can prevent unexpected bills.
Personal Auto Insurance
Many personal auto policies cover rental cars. This can include:
- Liability coverage, which pays for damage or injuries to others if you are at fault.
- Collision and comprehensive coverage, which may pay for damage to the rental vehicle.
- Limitations may exist, so confirming coverage with your insurance provider before renting is important.
If you decline the rental company’s insurance thinking your personal policy is enough, double-check your policy to make sure you’re protected.
Rental Car Company Coverage
Rental companies usually offer several types of insurance:
- Loss Damage Waiver (LDW) protects against damage to the rental car, sometimes excluding negligence or unauthorized use.
- Liability insurance covers injuries or damage to others if your personal insurance doesn’t.
- Personal accident insurance may cover medical expenses for you and passengers, but it can overlap with your health insurance.
These options can overlap with your personal policy or credit card coverage, so reviewing them before renting is important.
Credit Card Benefits
Some credit cards offer secondary rental coverage when used to pay for the rental. Certain premium cards may provide primary coverage, which can cover damages without involving your personal policy. Be aware that credit card coverage often excludes certain vehicles, like luxury cars, or rentals that last longer than a set number of days. Calling your credit card provider before renting can clarify what is covered.
When Multiple Policies Apply
If multiple policies exist, claims usually follow this order:
- Rental company insurance, if purchased.
- Personal auto insurance if rental coverage was declined.
- Credit card benefits, which may be secondary or primary.
Understanding this hierarchy can prevent gaps in coverage and reduce stress if an accident occurs.
How a Rental Car Accident Might Affect Your Insurance
Even if your personal insurance applies, a rental car accident can sometimes impact your rates. Several factors influence this:
- Fault: If you are not at fault, it’s less likely your rates will rise.
- Claims filed: Using your personal policy for liability or collision coverage may lead to premium increases.
- Insurance provider policies: Some insurers adjust rates after any accident, while others focus on severity or cost.
To reduce the impact, verify your coverage before renting, consider using rental or credit card insurance, and maintain a clean driving record. Contacting your insurer can clarify how a rental car accident might affect your policy.
Steps to Take Immediately After a Rental Car Accident
Acting quickly after an accident can protect your rights and make insurance claims smoother.
- Ensure Safety: Check for injuries and move to a safe location. Call 911 if medical attention is needed.
- Call the Authorities: Police reports are required if someone is injured or killed and serve as important documentation.
- Notify the Rental Company: Report the accident to their emergency line and provide photos, police reports, and other requested information.
- Document Evidence: Take photos of the vehicle, the scene, road conditions, and any injuries. Collect contact information from other drivers and witnesses.
- Contact Your Insurance Provider: Report the accident and share all documentation. Be honest about what happened.
- Review Your Rental Agreement: Check coverage you purchased and follow any required procedures to avoid penalties.
Understanding Liability
Liability determines who pays for damages after a rental car accident. Fault is usually determined by:
- Police reports documenting observations at the scene.
- Witness statements providing context.
- Evidence like photos, skid marks, or road conditions.
If you are at fault, your personal or rental insurance typically covers damages. If another driver is at fault, their insurance may cover medical expenses and vehicle damage. Nevada’s comparative negligence rule reduces compensation if you are more than 50% at fault. For example, if you are 20% at fault in a $10,000 damage claim, your recovery would be reduced to $8,000.
Injuries and Compensation
Injuries from a rental car accident can range from broken bones and internal injuries to emotional trauma like anxiety or depression. In the worst cases, wrongful death may occur.
Medical expenses are often covered through:
- Rental company insurance if personal accident coverage was purchased.
- Personal auto insurance, including MedPay or PIP coverage.
- Liability insurance from an at-fault driver.
Other compensation may include lost wages, pain and suffering, household support, and future medical costs. Keeping detailed records of all treatments, prescriptions, and invoices is essential for claiming full compensation.
Multiple Parties Involved
Rental car accidents often involve three parties: the driver, the rental company, and other drivers. Liability can depend on who caused the accident or if the rental company failed to maintain the vehicle. In complex cases, having an attorney can help identify the correct party to file a claim with and ensure your rights are protected.
Contact an Injury Lawyer
Recovering from a rental car accident can be overwhelming. An attorney can help organize your documentation, communicate with insurance companies, and make sure your claim is handled properly. Consulting with a lawyer early—even for a free consultation—can give you peace of mind and increase the chances of receiving full compensation for your injuries and damages.
If you have been injured in a rental car accident in Las Vegas, call Friedman Injury Law at (702) 970-4222 for a free consultation. Experienced attorneys can help you protect your rights and get the compensation you deserve.
