What Are My Rights If I’m Injured in a Crash with a Rental Car?

If you’ve ever rented a car, you’ve undoubtedly been faced with a moment of panic when you’re signing the rental contract and get to the line about purchasing rental car insurance.

On the spot you have to decide whether to purchase insurance through the rental company or waive the insurance. No one remembers at that moment if their own insurance covers them if something happens. But is spending the extra money necessary, or even worth it?

Today, we want to look at the role insurance plays when you are in an accident with a rental car, as well what you should do in the event of a crash.

Should I buy the rental car insurance?

It depends on your policy. Your personal auto policy may cover you in the event of a car accident, but you should check your policy before you travel. As Forbes Advisor points out, you may only be covered for personal use, which means folks traveling for business should consider buying additional insurance.

You may also be covered by other insurance policies. For example, if you purchase travel insurance or have some kind of coverage through your credit card, you may not need an additional package. The same is true if you have an umbrella policy.

Dealing with insurance after a rental car accident

If you were injured in a wreck while driving a rental car, you’re going to have to deal with insurance companies. While one of our Las Vegas car accident attorneys can assist you and handle any communications with these companies, there are some things you can and should do when it comes to insurance.

• If you have rental car insurance, review your rental car insurance coverage. Many rental car companies offer insurance options, including Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) to cover damage to, or theft of, the rental vehicle. Some of these policies also offer coverage for injuries; however, you can also purchase supplemental liability insurance which does cover injuries plus damage to the vehicle.
• If you purchased personal accident insurance (PAI), which is a bit like PIP for rental cars, or personal effects coverage (PEC), which covers loss of your personal items (like luggage, cell phones, and laptops), you can use this to recoup additional losses no matter who is at fault.
• If you decline the CDW, you could be charged for the damage, the towing costs, the rental car company’s loss of use of the vehicle, and additional administrative fees.
• If you didn’t buy rental auto insurance, check your personal auto insurance policy, as it may extend coverage to rental cars. Your policy might include Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage, which can help with medical bills.
• If the other driver caused the car accident, their insurance may cover your injuries and damages. You may need to file a claim with the at-fault driver’s insurance company.
• If the at-fault driver is uninsured or underinsured, your own auto insurance policy may include uninsured/underinsured motorist coverage, which can help cover your medical expenses and other losses.

What to do after you have had a rental car accident in Las Vegas

If you are injured in a car accident while driving a rental car in Las Vegas, you have rights and options that may vary depending on the circumstances of the accident. Here’s a general overview of your rights and what you should consider.

Immediate actions after a car crash

First and foremost, ensure your safety and the safety of others involved in the accident. Follow standard procedures after an accident, such as checking for injuries and calling 911. You should seek medical attention promptly, even if your injuries seem minor. Some injuries may not manifest symptoms immediately, and a medical evaluation can document your condition. This documentation can be crucial for insurance claims or lawsuits. Calling 911 also ensures that the police show up to make a report about the crash.

Next, you want to exchange information with the other parties involved in the accident, including names, contact information, driver’s license numbers, and insurance details. It’s essential to gather this information for potential insurance claims or legal actions. If you plan to pursue a legal claim because you are injured, gather documentation related to the accident, including photographs and videos of your injuries, your vehicle, and the surrounding areas. If there are witnesses, the police should take their statements, but you can ask for their names and contact information, too.

Finally, you want to notify the rental car company as soon as possible to report the accident. They will provide instructions on what steps to take next. They may have specific procedures for handling accidents involving their rental vehicles.

Filing a claim or lawsuit for injuries and losses sustained

If the accident was due to the negligence of another party, you may have the right to file a personal injury lawsuit to seek compensation for medical expenses, pain and suffering, lost wages, and other damages. A personal injury attorney from Claggett & Sykes can explore this option with you and offer guidance as you move forward.

In Nevada, you have to file your lawsuit within two years after the injury was sustained. Failing to file within this period can forfeit your right to seek compensation. You want to act quickly so you’re not barred from recovering damages.

What do I do after an accident if I’m not from Nevada?

If you are in a rental car, there’s a good chance that you’re not from here. Different states have different rules when it comes to filing a lawsuit and for the compensation to which you are entitled. In Nevada, we follow a modified comparative negligence rule, where an injured party can seek compensation as long as the other party is primarily at fault (more than 50%). The percentage of fault assigned to each party affects the final compensation, with the injured party’s award reduced by their percentage of fault. If the injured plaintiff is 50% or more at fault, they cannot recover any money at trial.

If you do decide to file in Nevada, you will want the help of a local lawyer. You’ll need someone who is licensed to practice here, but you also want someone who understands how our laws work, how our justice system works, and how to best present your case. Out-of-state drivers and visitors can face some challenges that locals may not, simply because of the logistics. Working with a firm like Claggett & Sykes means you get the benefits of our experience, but also of our resources.

The lawyers at Claggett & Sykes Law Firm are experienced in handling car accidents here in Nevada. We understand that our state sees thousands of tourists a year, and that those people are in need of help when they are in an accident and injured so far from home. Let us help you. If you have been in a rental car accident, call us or use our contact page so that we can schedule you a free consultation. We have offices in Las Vegas and Reno.