Car accidents can be overwhelming, even under normal circumstances. But if you’re driving a rental car when the accident happens, it can bring even more confusion and questions. Who’s responsible for damages? Does your own insurance cover the rental car? What about liability for injuries?
If you’ve found yourself in this situation, it’s important to understand how Arizona laws apply and what steps to take. Here’s what you need to know about navigating a car accident in a rental car in Arizona.
Does Your Insurance Cover a Rental Car in Arizona?
Arizona operates under a “fault” system for auto accidents. This means the at-fault driver (or their insurance) is financially responsible for damages, including medical bills, vehicle repairs, and other related costs. For rental cars, this raises key questions about insurance coverage:
Your Personal Auto Insurance:
If you have car insurance, your policy may extend to rental cars. This typically includes liability coverage for injuries and property damage you cause to others. However, it might not cover damage to the rental car itself (comprehensive or collision). Check your policy for specifics.
The Rental Company’s Insurance Options:
Rental companies typically offer coverage options, such as a collision damage waiver (CDW) or supplemental liability insurance. If you chose these options when renting the car, they could cover repairs or liability costs. Be sure to review the terms and limits of these policies.
Credit Card Rental Car Coverage:
Many credit cards offer rental car coverage as a perk, but it’s usually secondary to your primary insurance and may cover only physical damage to the rental vehicle. Contact your card provider for details and exclusions.
Steps to Take After an Accident in a Rental Car
If you’re involved in a car accident while driving a rental car in Arizona, acting quickly and responsibly can greatly protect your rights and simplify the claims process. Here’s what you should do:
1. Ensure Everyone’s Safety
First and foremost, check on everyone involved in the accident. If anyone is injured, call 911 immediately to get medical assistance. Regardless of the severity of the crash, it’s crucial to move out of harm’s way if it’s safe to do so.
2. Call the Police
Under Arizona law, you’re required to report any accident involving injuries, fatalities, or significant property damage to law enforcement. The police will create an official accident report, which is vital evidence to establish fault and support your claim.
3. Gather Evidence
Document the accident scene as thoroughly as possible. Use your phone to take photos of:
- Vehicle damage
- License plates
- Road conditions
- If there are any visible injuries, you should also exchange contact and insurance information with all parties involved and collect contact details from witnesses.
4. Notify the Rental Car Company
Contact the rental car company as soon as you can and report the accident. They’ll guide you on the next steps and may require you to fill out an accident report. Providing timely notice is crucial to avoid complications with their policies.
5. Contact Your Insurance Provider
Notify your personal auto insurance company about the accident, even if you’re unsure whether they’ll cover the claim. If you purchased additional coverage from the rental agency, inform them as well.
6. Speak to a Personal Injury Attorney
Accidents involving rental cars can be complex, particularly if there’s a dispute over fault or insurance coverage. An experienced personal injury attorney can help you understand your rights, deal with insurance companies, and pursue appropriate compensation for your injuries and losses.
Who’s Liable in a Rental Car Accident?
Determining liability in a rental car accident is similar to any other car accident in Arizona. The at-fault driver is responsible for compensating the injured parties. Here’s how liability works in practice:
1. If You’re Not at Fault
If another driver caused the accident, their insurance should cover your damages, including injuries, lost wages, and rental car repairs. You can file a claim with their insurer or take legal action if necessary.
2. If You’re Partially or Fully at Fault
Under Arizona’s comparative negligence law, you can still recover compensation even if you share some blame for the accident. However, your compensation will be reduced by the percentage of your fault. For instance, if you’re 25% responsible for the crash, you’ll receive 75% of the awarded damages.
3. Rental Car Company Liability
Rental car companies are typically not liable for accidents involving their vehicles unless they were negligent. For example, if the company failed to maintain the car properly and that contributed to the accident, it could share liability.
Challenges You Might Face After a Rental Car Accident
Dealing with a car accident in a rental car often comes with additional hurdles. Here are some potential challenges to prepare for:
Insurance Disputes
Insurance companies may try to shift blame or deny liability. For example, your insurer might argue that the rental company’s coverage should apply, while the rental company might claim the opposite. An attorney can help untangle these disputes.
Unclear Coverage
If you didn’t purchase supplemental insurance from the rental company, you might be unsure whether your personal insurance covers the accident. This uncertainty can lead to delays in resolving your claim.
Out-of-Pocket Costs
Without adequate insurance coverage, you might face significant out-of-pocket costs for damages to the rental car or injuries to others. It’s important to explore all available coverage options, including those through your credit card or an uninsured motorist policy, if applicable.
Complicated Legalities
Rental car accidents often involve multiple parties and insurance policies, creating a maze of legal and financial considerations. A qualified personal injury attorney can help simplify the process and protect your interests.
How a Personal Injury Attorney Can Help
Navigating the aftermath of a rental car accident can be daunting—but you don’t have to do it alone. Here’s how an experienced personal injury attorney can make a difference:
- Identify All Sources of Compensation: Your attorney will review your case to uncover all possible options for recovering damages, whether from insurance policies, the at-fault driver, or the rental company.
- Handle Insurance Negotiations: Insurance adjusters often work to minimize payouts. Your attorney will negotiate to ensure you receive the full compensation you deserve.
- Protect Your Rights: If liability is disputed, your attorney will gather evidence, consult with experts, and build a strong case to prove fault.
- Simplify the Legal Process: From handling paperwork to representing you in court if necessary, an attorney takes the stress out of dealing with complex legal procedures.
Arizona Car Accident Lawyer
In conclusion, navigating a car accident in a rental car in Arizona involves quick thinking, careful documentation, and an understanding of local laws and insurance intricacies. If you find yourself overwhelmed with the process, don't hesitate to reach out to Rafi Law Group in Phoenix, Arizona. Our experienced personal injury attorneys are ready to guide you through each step, ensuring your rights and interests are securely handled. Contact us today at (623) 207-1555 for more tailored advice and support.