Denver sees an influx of travelers every summer, many of whom are behind the wheel of rental cars. But what happens if your scenic trip ends with flashing lights and a fender-bender, or worse, serious injuries? If you are involved in a crash with a rental car, a Denver car accident lawyer from Frank Azar Car & Truck Accident Lawyers can help you understand your legal options and next steps.
Who Pays for Injuries After a Rental Car Accident?
Rental car crashes can be a challenge because you are dealing with at least three parties immediately: the rental agency, the driver, and their insurance company. (If you decline their coverage, your own coverage covers you while driving a rental car.) The responsible party and the insurance company that steps in depend on the coverage that was in place before the crash.
The Rental Car Insurance
If you were driving the rental car and purchased the optional insurance offered at the counter, that policy typically steps in first. This is sometimes called a Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW). It usually covers damage to the rental vehicle, not your medical bills.
However, some add-ons do provide supplemental liability protection. If you paid for one of those packages, and someone else was hurt in the crash, the policy may cover their injuries up to a specific limit. This is why reviewing what exactly you agreed to when signing the rental agreement is important.
Credit cards often offer rental car insurance as a perk, too, but the coverage varies wildly. Call the issuer to determine what you’re covered for if you rent a car using a credit card.
The At-Fault Driver’s Personal Insurance
If someone else hit you while you were in a rental car, their personal liability insurance should pay for your injuries. This holds whether you were driving your rental or were just an innocent bystander – a pedestrian crossing Colfax Avenue or a motorcyclist riding on North Tower Road near East 56th.
Colorado is a fault-based state. That means the driver who caused the crash is financially responsible for the resulting injuries and property damage. You will likely need to file a claim through their insurance policy. If they are underinsured (or uninsured altogether) your policy or the rental car’s insurance may come into play.
Colorado is also a comparative negligence state. That means if you are partially at fault for the crash, you can still seek compensation. Your overall award will be reduced by your percentage of fault, which is one reason why you should contact an attorney.
What Happens If You Crash a Rental Car Without Insurance?
You cannot legally rent a car anywhere in this country unless you have your own car insurance. But if you wreck your rental and you didn’t buy the additional rental insurance, or if you were not offered insurance as a perk of using your credit card, then you must use your personal policy.
What About the Rental Car Damage – Who Pays for That?
Damage to the rental car, such as injuries, is generally covered through the policy you purchased with the rental, your credit card, or your insurance. If another driver caused the crash, their insurance may be responsible for paying the rental car company for repairs, diminished value, and loss of use while the car is out of commission.
If you are unsure which policy kicks in first, do not panic. Many of these policies overlap, but Frank Azar Car & Truck Accident Lawyers can help. Our Denver-based car accident attorneys can make sure you’re not stuck paying for damage that you didn’t cause.
What Do I Do If I Was Hit By a Rental Car?
If you were hit by a driver in a rental car, you file a claim through their insurance. If they declined the rental company’s coverage, their auto policy is your starting point.
This is also a good time to discuss Medical Payments Coverage (MedPay). MedPay is optional in Colorado but is included by default unless you decline it in writing. It pays for your medical bills regardless of who caused the crash. That includes ambulance rides, ER visits, and follow-ups – even if you were walking, riding a bicycle, or on a motorcycle.
If I Was Hit While Driving a Rental Car, Can I Get Another Rental Vehicle?
Generally, yes; the insurance company should cover the cost of a replacement rental vehicle while your claim is being processed. This is known as “loss of use” coverage. It is designed to keep you mobile while the insurance company investigates the crash and handles any repairs or reimbursements.
However, there are a few things to keep in mind:
- There may be a daily limit. Insurance companies often cap the amount they will pay per day and the number of days they will pay for. If your original rental exceeded that daily rate, you might have to pay the difference out of pocket.
- You may need to pay upfront. It is not unusual for rental agencies to require payment at the time of pick-up, even if someone else’s insurance is supposed to reimburse you later. Be sure to keep all receipts and documentation.
- Delays in liability determination can stall everything. If the insurance company is still investigating the crash or disputing fault, you may have to go through your own policy first (if you have rental reimbursement coverage).
What Happens If I Have to Go to Court?
If you were injured in Colorado, your case will be handled in Colorado. If the insurance company refuses to settle fairly, you must file a lawsuit here. We routinely help out-of-state injury victims who are unable to remain in Colorado for the duration of their case.
How Our Denver Rental Car Accident Attorneys Can Help
You do not have to figure this out alone. At Frank Azar Car & Truck Accident Lawyers, we have decades of experience handling rental car crashes, out-of-state claims, and severe injury cases throughout Colorado.
From collecting your police report to negotiating with insurance adjusters, we are here to protect your rights and help you get the compensation you deserve. We know what it takes to get results.
If you were hurt in a crash involving a rental car – whether you were driving it or not – contact Frank Azar Car & Truck Accident Lawyers today. Our Denver car accident lawyers have offices all over Colorado and are ready to fight for you
