Philadelphia Rental‑Car Accident Lawyers
If you are ever involved in an auto accident in which you or the other driver was in a rental car, you should know your legal rights and options for pursuing compensation for the damages you’ve sustained. You might be wondering who pays after a crash and whether you’re covered by insurance.
An experienced Philadelphia rental car accident lawyer from Cousin Benny Personal Injury can review your situation and identify your legal options for recovery. Contact us today to arrange a free consultation with an experienced attorney from our Philadelphia personal injury law firm.
What Is Rental Car Insurance?
The rental car company may offer additional insurance to protect renters from various types of losses they may sustain. This insurance can protect you financially while you’re in a rented vehicle from damage to the car, theft, and liability for injuries or damage to others.
Rental car companies offer different types of insurance, most of which are optional. This insurance can protect you from unexpected expenses if you encounter trouble while renting a vehicle. If you don’t have other applicable insurance, you could potentially be personally liable for damages, even if someone else caused the accident or loss.
Whether you need or want this insurance will depend on your specific situation, your existing insurance coverage, and the associated costs.
Common Types of Rental Car Insurance?
Most rental car agencies offer the following types of insurance:
Collision Damage Waiver
A collision damage waiver (CDW) covers damage to the rental car if it is damaged or stolen while you’re renting it. It covers the costs to repair or replace the rental vehicle if it is damaged, stolen, or totaled during your rental period. This type of optional insurance is one of the more expensive kinds, but it can come in handy if you find yourself in the type of situation where you need protection. However, it is not liability insurance, so it does not cover damages you cause to someone else in an accident resulting from your negligence.
Here’s how a collision damage waiver works: You agree to pay an extra daily fee on top of the regular rental rate. The car rental agency agrees not to hold you personally responsible if the rental car is damaged or stolen.
Collision damage waivers are similar to comprehensive and collision coverage when consumers have full coverage car insurance. As such, a CDW might be able to repair a rental vehicle damaged by:
- A collision
- Hail
- Wind
- Fire
- Animals
As such, CDWs cover accidents to the rental vehicle involving other vehicles, stationary objects, or wild animals like deer. However, CDWs don’t typically cover damage caused by:
- Accidents in which you were driving under the influence
- Accidents when you are otherwise breaking the law
- Violating your rental agreement
- An unauthorized driver
Buying a CDW is completely optional; you can’t be forced to purchase this financial product as a condition of renting the vehicle. What is covered or excluded under a CDW depends on the specific language of the policy. For example, some waivers cover towing fees and the rental company’s lost income it incurs due to not having the vehicle available, which are costs you might otherwise be responsible for paying for.
Supplemental Liability Protection
Liability insurance pays for the damage you cause someone else through your negligence. All Pennsylvania drivers are required to carry at least the minimum liability insurance to cover the damage they cause to someone else, which includes:
- $15,000 for bodily injury to one person in an accident
- $30,000 for bodily injury to more than one person in an accident
- $5,000 for property damage
Liability coverage pays for damage to others’ property, medical costs for their injuries, and other specific losses that other drivers or passengers sustain. However, the minimum amount of liability insurance is often not enough if others suffered serious injuries. Supplemental liability protection protects you from personal liability if you cause an accident while driving a rental car.
Personal Accident Insurance
Personal accident insurance provides coverage for medical and death benefits for you and your passengers if you are involved in a car accident in the rental vehicle.
Personal Effects Coverage
Personal effects coverage provides protection for personal belongings damaged or lost while you are renting the vehicle, such as if they are stolen from the vehicle.
Additional Insurance Options to Cover Rental Vehicles
You do not necessarily have to depend on the rental car company for coverage. You may already have coverage for the same types of losses that the rental car company is offering insurance, or you might be able to purchase insurance separately at a lower cost or with better benefits, such as:
Your Personal Auto Insurance
Your personal car insurance may already cover damage to the rental vehicle and/or to another vehicle you hit while renting the vehicle. Check your policy or call your insurance agent to find out what you’re covered for before you rent a vehicle.
Non-Owner Auto Insurance
You may be able to obtain car insurance even if you don’t personally own a car. Some insurance providers offer non-owner auto insurance to individuals who regularly drive a vehicle not owned by them. If you have this type of insurance, you may be covered in the rental vehicle.
Homeowner’s or Renter’s Insurance
Your homeowner’s or renter’s insurance policy may already cover certain types of losses, such as those covered by personal effects coverage.
Credit Card Coverage
Many credit card companies, but not all, offer rental car insurance. However, there may be exceptions or limitations, such as:
- A maximum amount of coverage per day
- The requirement to use the card when renting the vehicle
- Being required to reject the rental car company coverage
The insurance offered by your credit card company depends on the terms of your credit card agreement. The coverage offered may be primary or secondary. If it is primary, you would make a claim with that policy for coverage.
If it is secondary, you would likely be required to make a claim with your personal auto insurance or the rental car company first. The credit card coverage would apply after exhausting your other insurance. The Insurance Information Institute reports that most credit card coverage is secondary.
If you don’t own a car and, therefore, have no primary auto insurance, secondary credit coverage would not help you. Be sure you read through the fine print of any coverage your credit card company offers before relying on it.
Travel Insurance
If you purchased travel insurance, you may have a collision damage waiver or other applicable insurance. Review the terms of your policy to learn what is and is not covered, as well as any applicable limitations.
Third-Party Policy
Some companies offer coverage specific to rental cars.
What to Do After a Rental Car Accident
If you were injured in a car accident involving a rental vehicle, take these steps to protect your legal rights:
- Report the accident, even if the other driver asks you not to.
- Stick to the facts when discussing the accident, and avoid speculating on fault.
- Seek immediate medical attention if you were injured in the accident.
- Ask the other driver for their information, including their name, contact information, vehicle information, and insurance details.
- Provide the other driver with your information, including the rental car company name and insurance information, if applicable.
- Take pictures of the damage to your vehicle, your injuries, and the accident scene.
- Report the accident to the rental car agency.
- Contact an experienced car accident attorney for assistance.
How a Car Accident Lawyer Can Help After a Rental Accident
If you are injured in an accident involving a rental vehicle, you are likely confused about your legal rights and options. The insurance companies involved and their representatives may give you inaccurate information and may try to blame others for the accident. An experienced car accident attorney can help by:
- Reviewing your insurance coverage
- Explaining your legal rights under the law
- Investigating the accident to determine who is at fault
- Gathering accident reports, videos of the accident, witness statements, and other evidence to establish fault and liability
- Accumulating information about your losses, including medical records, lost income statements, and property repair bills
- Coordinating medical care and other appointments related to your case
- Handling communications with insurance companies
- Negotiating for fair compensation
- Litigating your case, if necessary
Don’t leave your case to chance. Reach out for legal assistance immediately.
Contact Cousin Benny Personal Injury for a Free Consultation
If you’re injured in an accident involving a rental car, you need the legal representation that an experienced lawyer from Cousin Benny Personal Injury can provide. Our legal team is dedicated to helping you secure compensation to cover the full range of losses you experienced and can carefully review all your insurance policies for details about your coverage. Contact us today for a free, no-obligation consultation.