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Who Pays in a Rental Car Accident? Understanding Liability

Determining who pays after a rental car accident depends on several factors including fault, insurance coverage, and the specific protections you have. This guide explains the complex web of financial responsibility in rental car accidents.

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Understanding Fault in Rental Car Accidents

The first question is always: who caused the accident?

• If another driver is at fault, their insurance should pay
• If you're at fault, your coverage sources apply
• In shared fault states, liability may be divided
• Hit-and-run or uninsured drivers present special challenges

Coverage When You're At Fault

If you caused the accident, payment sources include:

1. Rental company waivers (CDW/LDW) - covers vehicle damage only
2. Personal auto insurance - liability and collision coverage
3. Credit card coverage - usually secondary, vehicle damage only
4. Out of pocket - if no coverage applies

Personal injury coverage comes from health insurance or personal auto policy.

Coverage When Someone Else is At Fault

If another driver caused the accident:

• Their liability insurance pays for your injuries and vehicle damage
• Your UM/UIM coverage applies if they're uninsured
• You shouldn't pay anything if they're fully at fault
• A lawyer helps ensure the at-fault driver's insurer pays

Frequently Asked Questions

What if both drivers share fault?

In comparative negligence states, liability is divided based on percentage of fault. You may recover damages reduced by your percentage of fault.

What if the at-fault driver has no insurance?

Your uninsured motorist coverage, if you have it, can cover your injuries. The rental company's coverage may help with vehicle damage.

Why Choose Our Rental Car Accident Lawyers?

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