What Happens if You’re Injured in a Rental Car Accident?

Being hurt in a car accident is difficult enough. When you are driving or riding in a rental car, you have even more questions. Whose insurance applies? Does the rental company get involved? What if you were partially responsible for the crash?

If you’re injured in an accident in a rental car because of someone else’s negligence, you have the right to seek compensation just as you would after an accident in your own vehicle. However, determining which insurance policies apply can be more complicated.

For more guidance on your individual case and options, contact a Wisconsin car accident lawyer for a FREE case evaluation.

Rental Car Accident Frequently Asked Questions

What Happens if I’m in an Accident in a Rental Car & I Get Hurt?

If another driver causes an accident while you are driving or riding in a rental car, your first priority should be getting the medical care you need.

From there, seeking compensation will typically involve the following:

1. Determining who caused the crash
2. Identifying the available insurance coverage
3. Documenting your injuries & other losses

The fact that you were in a rental car doesn’t take away your legal rights. If another driver was negligent, you may be able to seek compensation for your medical expenses, lost income, pain and suffering, and other accident-related losses.

Who Pays if You’re Injured in an Accident in a Rental Car?

If another driver caused the accident, that driver’s bodily injury liability insurance may provide compensation for your injuries and related losses.

Depending on the circumstances, other insurance may also apply, including:

• The At-Fault Driver’s Liability Insurance: This is typically the first source of compensation when another driver causes the crash.
• Uninsured Motorist Coverage (UM): This may apply if the driver who caused the accident doesn’t have insurance.
• Underinsured Motorist Coverage (UIM): This may provide additional compensation if the at-fault driver doesn’t have enough insurance to cover your losses.
• Medical Payments Coverage: If available, this coverage may help pay accident-related medical bills regardless of fault.
• Health Insurance: Your health insurance may cover medical treatment while your injury claim is pending.
• Coverage Connected With the Rental: Depending on what coverage was purchased or included, additional benefits may be available.

Wisconsin requires auto policies to include UM coverage. UIM coverage is optional, and medical payments coverage can be declined.

Sorting through these policies can be one of the more complicated parts of a rental car injury claim. Before accepting a settlement or assuming there is no additional coverage available, it’s important to understand all of your options.

What if I Was Partly At Fault for the Crash?

Being partly responsible for an accident doesn’t necessarily prevent you from recovering compensation in Wisconsin.

Wisconsin follows a modified comparative negligence rule. You can recover from another party as long as your negligence is not greater than that party’s negligence. Your compensation is then reduced based on your percentage of fault.

Insurance companies may disagree about who was responsible or how much fault each driver should bear. This is one reason that careful investigation of the accident and consulting with an attorney are important.

Can I Sue the Rental Car Company After an Accident?

A rental car company isn’t responsible for an accident simply because it owns the vehicle. Federal law generally protects rental companies from liability based solely on vehicle ownership.

That doesn’t mean a rental company can never be liable. A claim may be possible when the company’s own negligence contributed to the accident, depending on the circumstances.

What To Do if You’re Injured in an Accident in a Rental Car

After a rental car accident, take the following steps to the best of your ability:

1. Get Medical Attention: Your health should come first, even if your injuries don’t initially seem severe.
2. Report the Accident to Law Enforcement: Wisconsin law requires that an accident with injuries be reported immediately, and a police report can provide important information about the crash.
3. Document What Happened: If you can, take photos and gather the names, contact information, and insurance information of the people involved.
4. Notify the Rental Car Company: Follow the accident-reporting requirements in your rental agreement.
5. Save Documents: Keep your rental agreement, insurance information, medical records, bills, receipts, and other accident-related paperwork.
6. Be Careful When Dealing With Insurers: Before giving detailed or recorded statements, signing anything, or accepting a settlement, make sure you understand your rights and the full extent of your losses.

Talk to a Wisconsin Car Accident Lawyer for FREE

A rental car accident can involve several different insurance policies, multiple companies, and a lot of questions about who’s responsible for what. You shouldn’t have to figure all of this out while you’re trying to recover from your injuries.

An experienced lawyer can investigate the crash, identify the insurance coverage that may be available, deal with the insurance companies, answer all your questions, and determine what compensation you are entitled to seek.

Contact the Wisconsin car accident lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.