What Happens If You’re in an Accident with a Rental Car?
As the colorful fall leaves give way to falling snowflakes, Colorado continues to attract visitors from near and far eager to experience our stunning scenery and world-class outdoor activities. While we welcome these travelers, the combination of unfamiliar drivers and heavy traffic can increase the risk of car crashes. Whether you’re driving through mountain passes to catch the last of the fall colors, heading to the slopes for early-season skiing, or simply commuting to work or running errands, car crashes can happen when you least expect them. If you’re involved in a crash with a rental car, a Denver car accident lawyer from Frank Azar Car & Truck Wreck Lawyers can help you understand your legal options and guide you through your next steps.
Who Pays for Injuries After a Rental Car Accident?
If you’ve been injured in a rental car accident in Denver, figuring out who pays for your medical bills and other losses can be confusing. Liability and responsibility often depend on who caused the crash and what type of insurance coverage applies. The rental car company’s policy, the driver’s personal auto insurance, or even credit card rental coverage might help cover damages. In some cases, multiple insurers may share responsibility.
The Rental Car Insurance
If the optional insurance offered at the counter was purchased that coverage typically applies first. This is often called a Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) and usually covers damage to the rental vehicle—not medical expenses, damages for pain and suffering, lost wages or impairment.
Some rental companies offer Supplemental Liability Insurance (SLI) as an add-on. If one of these supplemental packages was purchased, the policy may extend coverage for injuries suffered by others not at fault in the collision, subject to the stated policy limits. It’s important to review any rental agreement closely to confirm the scope of the coverage.
Many credit cards also include rental car insurance as a benefit when used to pay for the rental. Coverage varies by issuer and card type, so if you are planning to rent a vehicle, it’s wise to call your credit card company before renting to confirm what protection you have.
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, your first priority should always be your health. Seek medical attention right away, even if your injuries seem minor. Prompt treatment not only protects your well-being but also creates important documentation for your claim.
Once you’ve received medical care, it’s crucial to identify all potential insurance policies that may apply. Start by gathering the insurance information for both the rental vehicle and the at-fault driver’s personal auto policy. If the driver declined the rental company’s optional insurance, their personal auto insurance will usually be the primary source of coverage.
However, you should also file a claim with your own insurance provider. Many standard rental car policies provide only the minimum liability coverage required by Colorado law—often just $25,000, which may not fully cover your medical bills or other losses. By making a claim through your own insurer, you may be able to access:
- Medical Payments Coverage (MedPay): In Colorado, MedPay is automatically included in most auto policies unless you decline it in writing. It covers your medical expenses—such as ambulance transport, emergency room treatment, follow-up care, prescriptions, and other out-of-pocket costs—regardless of who caused the crash. Typical limits are around $5,000, but higher limits can be purchased for added protection.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): If the rental driver’s policy doesn’t provide enough coverage, your UM/UIM coverage can help make up the difference.
It’s not always easy to determine which insurance companies are responsible for paying your claim. Police reports often list only the rental company’s information, leaving out the driver’s personal insurer. This is where an experienced attorney can make a significant difference. A Denver car accident lawyer from Frank Azar Car & Truck Wreck Lawyers can contact the rental company, identify the applicable policies, and ensure that every possible source of compensation is pursued on your behalf.
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.
Safety Tip: Blind Spots And How To Fix Them
It happens hundreds of times a day, hundreds of thousands of times a year. A driver attempts to change lanes — and ends up in a sideswipe collision with another vehicle, thanks to a blind spot. According to one study by the National Highway Traffic Safety Administration, nearly one in five of all accidents involve drivers changing lanes and crashing into other vehicles they didn’t see.
Common as they are, blind-spot accidents are also highly preventable. Employing just a little extra preparation, awareness and caution could save the motoring public considerable expense and trauma. Here are a few simple tips for avoiding blind spots while driving.
ARE BLIND SPOTS FIXABLE?
Many people tend to treat blind spots as a design defect of their car. The rear end is too high, the windows are too small, the headrests block the view — sound familiar? It’s true that just about every vehicle is going to present different challenges for drivers trying to keep track of what’s behind them and especially on their flanks. But auto engineering has made great strides in the past two decades in eliminating many design-related blind spots in passenger cars. With seats and especially mirrors properly adjusted, you, too, can conquer blind spots.
THE KEY TO AVOIDING BLIND SPOTS
One of the leading causes of blind spots has to do with improper mirror alignment. Many people keep their side mirrors focused on a narrow corridor along the left and right sides of their own car. While it may be comforting to see the immediate vicinity of your car’s back doors in the mirror, that also leaves a substantial area in the adjoining lanes not visible to you. The Society of Automotive Engineers recommends adjusting those mirrors outward, so you can see that area in the “danger zone” to the left and right of your rear quarters.
Ideally, the adjustment should provide a seamless viewing experience as you scan your rear-view mirror and then your side mirrors for traffic behind and on either side of you. You can test the adjustment by taking a spin and seeing if vehicles approaching you from behind show up in your side mirror as they disappear from the rear-view mirror; if there aren’t any gaps in that transition, you’ve gotten rid of the blind spot.
If that simple step doesn’t solve your problem, you can also consider adopting some of the wonders of anti-blind-spot technology offered by many automakers. Ford, for example, now has convex integrated blind-spot mirrors incorporated in its side mirrors on several models. Rear cameras are standard in many cars and can eradicate potentially hazardous blind spots when backing up in one’s own driveway. There are also blind spot sensors and a range of aftermarket products that can enhance your ability to assess traffic conditions around you.
But don’t let the technology lull you into not doing a careful visual check before changing lanes. Many people overdo this by looking completely back over their shoulder, taking their eyes off the road in front of them — a risky maneuver, if the driver in front of you happens to brake at that moment. Driving experts advise turning your head no more than ninety degrees in either direction, enough to get a quick peripheral view of approaching traffic, before making your move. It is highly recommended to seek personalized legal advice and expert guidance from an experienced automobile lawyer when it comes to ensuring safe driving practices and navigating the complexities of traffic laws.
Finally, one other piece of advice. Be aware of other drivers’ blind spots, too, and try to stay out of them. If you can’t see the mirrors of that 18-wheeler you’ve been shadowing for the past two miles, chances are the truck driver can’t see you, either, and could change lanes right into you.
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THE CAR ACCIDENT LAWYERS AT FDAZAR
For nearly forty years, the attorneys at Frank Azar Car & Truck Wreck Lawyers have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise in serious injury cases have allowed us to grow into the largest personal injury law firm in Colorado, with offices in Aurora, Boulder, Colorado Springs, Cheyenne, Denver, Fort Collins, Glenwood Springs, Grand Junction, Greeley, Lakewood, Littleton, Longmont, Loveland, Pueblo, and Thornton. If you’ve been injured in a bus, car, rideshare, truck, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 800-716-9032, or contact us here for a free consultation and no-obligation evaluation of your case.
