Not-At-Fault Accident Rental Car

Being involved in an accident while driving a rental car creates a unique legal situation. When you’re not at fault, questions arise: Will the rental company hold you responsible? Whose insurance pays for damages? What about your own coverage? If you’ve been in a not-at-fault rental car accident in Buffalo, it’s crucial to understand your rights, responsibilities, and who covers the costs.

At O’Brien & Ford, we’ve helped numerous clients navigate these precise situations. Whether you’re a local resident using a temporary vehicle or visiting Western New York, we can guide you through the process of protecting yourself legally and financially after your accident.

What To Do If You Get Into An Accident With A Rental Car

Stay calm and prioritize safety. If possible, move the vehicle to a safe location, check for injuries, and call 911 if anyone is hurt or there’s significant damage.

Next, document the scene. Take photos of the damage, license plates, vehicle positions, skid marks, debris, and injuries. Exchange insurance and contact information with the other driver, and gather witness details. Contact the rental car company right away. Each provider has specific accident procedures and may require a report or vehicle inspection.

Before dealing with insurers, speak with a car accident attorney, especially if injuries are involved or fault is disputed. Legal guidance protects your rights and helps avoid costly mistakes. Once you have counsel, notify your insurance provider and ask if you have rental reimbursement or loss-of-use coverage to offset charges during repairs.

Finally, request the police report. This document is crucial for establishing fault and supporting your claim for reimbursement or damages.

Types of Rental Car Insurance Coverage in New York

Knowing which coverage applies to a rental car situation is important. In New York, rental companies must provide certain protections, and you may have additional coverage options available to you as well.

These are the main types of coverage to be aware of:

• Collision Damage Waiver (CDW): This optional coverage protects you from paying for damage or theft. As noted by the New York State Department of Financial Services, rental companies may charge up to $12 per day and hold you liable without it.
• Liability Coverage: Rental companies are required to provide the minimum liability coverage mandated by New York law. However, these limits may not fully cover serious injuries or property damage.
• Personal Auto Insurance: Your personal auto policy may extend to rental cars. Always check your coverage limits and exclusions before relying on it.
• Credit Card Benefits: Some credit cards include rental car coverage if you use the card to book the rental. Coverage terms vary, so confirm details with your card issuer.

Reviewing your coverage before an accident can help you avoid delays, confusion, and out-of-pocket costs.

Determining Fault and Who Pays After a Rental Car Accident

New York follows a comparative fault system, meaning fault is assigned as a percentage to each driver involved in an accident, and determining fault influences who pays for property damage and injury costs.

If You Are At-Fault in a Rental Car Accident

You may be responsible for rental car damage, including “loss of use” fees. Your auto policy or credit card may help, but without CDW, you could be liable for the vehicle’s full value. The New York State Department of Financial Services notes that rental companies can hold you fully liable if you decline optional protection or lack sufficient coverage.

If You Are Not-At-Fault in a Rental Car Accident

The at-fault driver’s insurance should cover the rental car and your injuries. You may need to pay upfront, then seek reimbursement. In New York, property damage falls under liability insurance, not the no-fault system. Check your policy for rental reimbursement and loss of use coverage to help recover temporary costs.

Does the Rental Car Company Have Liability in a Car Accident?

In most cases, rental car companies are not liable for accidents caused by drivers. However, even in a not-at-fault rental car accident, they must ensure their vehicles are maintained and safe to operate. If an accident results from mechanical failure or negligence in vehicle maintenance, the company could be partially liable.

Additionally, rental companies are required by law to maintain a minimum level of liability coverage. If their failure to comply contributes to the accident’s consequences, they may be held liable.

Compensation Options After a Rental Car Accident

Whether you were injured or facing property loss, you may be entitled to compensation. In Buffalo and throughout New York, damages may include:

• Economic Damages: Out-of-pocket losses like medical bills, car repairs, and lost income.
• Non-Economic Damages: Pain, emotional distress, and loss of enjoyment of life.
• Wrongful Death: Covers funeral costs, loss of income, and emotional suffering for the surviving family.

A car accident attorney can help determine the full value of your claim, including all damages you’re entitled to.

Contact a Car Accident Attorney for Help With Rental Car Accidents

Navigating a not-at-fault rental car accident in Buffalo can be confusing. Insurance companies may delay payments or offer low settlements, while rental companies often prioritize their bottom line over your rights.

At O’Brien & Ford, we’ll review your case, explain your options, and advocate on your behalf. Call 716-222-2222 for a free consultation. We’re here to help.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York