If you are in an accident involving a rental car – whether you’re driving the rental car or the at-fault driver was – the accident claim process may be a little more complicated than if no rental car were involved. However, many of the same rules and legal processes apply to this type of claim as to any other motor vehicle claim. An experienced San Antonio car accident lawyer can walk you through the process of filing your compensation claim.
Texas At-Fault Rules
Knowing your rights is the first step toward protecting them. Texas is an at-fault state for car accidents. The driver found at fault for the accident is responsible for paying for the damages they cause through their negligence. Damages are typically paid by the liability insurance provider for the at-fault driver. All vehicles must have the state minimum mandatory liability insurance when operating on Texas roadways to comply with the law.
Just because you were in a rental car does not mean you’re automatically at fault. The same applies if the other driver was in a rental car. An accident investigation will need to be completed to determine fault. Then, you can file a claim with the at-fault driver’s insurance company.
Because the driver of the rental car is not its owner, it’s possible that the rental car company could bear some liability for the accident. Rental car companies are responsible for maintaining their fleet of vehicles in a safe condition. If mechanical failure contributes to the accident, they may share fault.
Rental Car Insurance
While you’ll typically file an insurance claim with the at-fault driver’s insurance company, you may also need to file a claim with the rental car company’s insurance provider. This will depend on the type of car insurance you or the renter purchased and the circumstances surrounding the accident.
The rental car company will most likely have basic liability coverage. It may have offered additional coverage, including:
- Collision damage waiver: A loss damage waiver means that if your rental car is damaged or stolen, you won’t be responsible for paying to repair or replace it.
- Supplemental liability insurance: Because liability insurance is sometimes not enough to pay for all the damages caused by an accident, rental car companies often offer supplemental liability insurance that can pay for medical costs for other people’s injuries in an accident the renter is legally responsible for.
- Personal accident insurance: If you rent a car and purchase this add-on coverage, personal accident insurance covers your medical, ambulance, and death benefits.
- Personal effects coverage: This insurance covers the theft of possessions in the rental car, up to the policy limits.
When you file a claim with the at-fault driver’s insurance company and/or the rental company, you will be asked to provide many details about yourself and the accident. An experienced San Antonio personal injury attorney can assist you with this process so that the insurance company does not mistreat you or try to take advantage of you.
Contact George Salinas Injury Lawyers
If you were in a rental car accident that wasn’t your fault, George Salinas Injury Lawyers can help. We can investigate the case, file your insurance claims, and protect your rights. Contact us today to get started with a free case review.