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Home 9 Auto Accident 9 What to Do When a Rental Car Driver Hits You or When You Are in a Rental and Get Into a Crash

What to Do When a Rental Car Driver Hits You or When You Are in a Rental and Get Into a Crash

by | Dec 19, 2025 | Auto Accident

Rental cars are everywhere in California. LAX travelers, business visitors, people on vacation, drivers with their own cars in the shop. It feels like half the state is behind the wheel of a rental at some point. Because of that, rental car collisions happen all the time. And when they do, the insurance situation is usually more confusing than a standard crash.

Most people walk into these cases without realizing there are multiple insurance layers, different contracts, and strict rules that determine who pays. The good news is that you can still recover compensation for your injuries and property damage. You just need to know how to approach the claim from the start.

If a Rental Car Driver Hits You

If you were in your own vehicle, walking as a pedestrian, or riding a bike when a rental car driver hit you, your situation depends on what insurance coverage the renter purchased. Many renters use the insurance that comes with their personal auto policy. Others buy the rental company’s protection. Some rely on credit card coverage without realizing credit card benefits usually only apply to property damage and not bodily injury.

This means the first step is to gather the renter’s details. Get photos of the rental agreement if the other driver is willing to share it. Get the rental company’s name, the make and model of the car, the license plate, and the driver’s insurance card. The police report will help connect the details later, but you should collect as much as you can at the scene.

The important part is this you’re not limited to the rental company’s insurance. You can pursue the renter’s personal auto policy, the rental company’s policy if it applies, your own uninsured or underinsured motorist coverage, or any combination of these based on the facts of the crash.

How Insurance Works When the Rental Driver Is at Fault

A renter who causes a crash is usually responsible through their own insurance first. Personal auto coverage normally follows the driver, even in a rental. If their insurance isn’t enough, the rental company’s supplemental liability protection may kick in if they purchased it.

If the renter declined extra coverage and has a very low policy limit, your own uninsured or underinsured motorist coverage can help fill the gap. This is one of the reasons California drivers benefit from having strong UM and UIM coverage. It protects you from drivers who either rented a car last-minute or chose the bare minimum insurance out of convenience.

One thing you don’t need to worry about is that the rental company will not be allowed to push the liability onto you if their customer caused the crash. They might try to distance themselves from responsibility, but rental companies still have duties when their vehicles are involved in collisions. This is when a lawyer can step in and make sure the proper parties are held accountable.

If You Are the One Driving the Rental Car

Getting into a crash while driving a rental can feel overwhelming because you suddenly have two sets of rules to worry about. Your own insurance still matters, the rental contract matters, the coverage you bought at the counter or online matters, and your credit card benefits may also play a role.

Here’s the thing most people wish they had before renting a car your personal auto policy usually covers you while you are driving a rental as long as you have liability coverage at home. If you added rental coverage through the company, such as collision damage protection or supplemental liability insurance, that creates another layer.

If you did not buy any supplemental protection, the rental company will still hold you responsible for damage to the vehicle. That includes lost use fees, repair costs, and administrative fees. The good news is that your personal insurance often pays for this, and if you used a credit card that includes rental benefits, those benefits can also cover the rental damage portion.

If you were injured in the crash, your medical treatment can still be billed through your health insurance, your MedPay, or through the at fault driver’s insurance. The rental agreement does not change your rights to injury compensation.

What to Do at the Scene

No matter who was driving the rental, the steps after a crash stay mostly the same.

  1. Call the police and request an official report
  2. Get the rental company information from the driver
  3. Take photos of both vehicles, close and wide angles
  4. Photograph the rental company sticker or barcode that is usually on the window or door
  5. Get driver’s license information and insurance cards
  6. Identify any witnesses and get their contact information
  7. Note any traffic signs, road conditions, or unusual behavior
  8. Get medical attention right away (even if symptoms appear mild)

Rental car cases often involve more back and forth because each insurance carrier tries to minimize its own responsibility. Solid documentation from the scene makes it harder for anyone to dodge accountability later.

If the Renter Claims They Are Not Responsible

This happens more often than people expect. A renter may downplay what happened, blame you for the crash, or refuse to share their rental paperwork. It doesn’t matter how much they refuse accountability because you only need their name, insurance information, and the rental car details. Everything else will come through the police report, the rental company, and an attorney’s investigation.

In the case that the renter tries to shift the story or becomes uncooperative, make sure everything is reported to law enforcement. These situations often become he said she said disputes, so written documentation is your best protection.

Why Rental Car Claims Are More Complicated

Rental car crashes involve multiple companies. The renter’s insurer will say the rental company should pay. The rental company will push responsibility back onto the renter. Credit card companies will only handle property damage, and if multiple drivers were involved, the process becomes even more layered.

This is why many people struggle to move their claim forward. A case that should be simple turns into a cycle of insurance delays. An attorney who understands rental car claims can cut through the noise and focus on what matters. This includes identifying the correct insurance policies, proving liability, documenting medical treatment, and negotiating a fair settlement for your injuries.

Kamelia Jalilvand offers the steady guidance people need after confusing and stressful rental car accidents. She understands the insurance layers, the pressure injured clients feel, and the importance of making sure nothing falls through the cracks. Her approach is grounded, detailed, and focused on protecting your health and your future. When you work with her, you have an advocate who handles the legal side while you heal and rebuild.