Rental car accidents are among the most legally complex personal injury cases in California — involving multiple insurance policies shifting liability questions and large corporate rental companies with experienced legal teams. Whether you were driving a rental car, were a passenger in one, or were struck by a rental vehicle on the streets of Los Angeles or the San Fernando Valley, understanding your rights is critical. Attorney Anthony Girgis at Girgis Law Firm APC has extensive experience handling rental car accident cases throughout Encino Sherman Oaks Van Nuys Northridge and the greater Los Angeles area. Here is what you need to know.
Who Is Liable in a Rental Car Accident?
Determining liability in a rental car accident depends on several factors including who was at fault for the accident what insurance coverage applies and whether the rental company bears any responsibility.
If another driver caused the accident that driver’s personal auto insurance policy is the primary source of coverage for your injuries — just as in any other car accident. The fact that you were in a rental car doesn’t change the at-fault driver’s liability.
If you were driving the rental car and caused the accident the situation is more complex. Multiple layers of insurance may apply including your personal auto insurance policy which may extend coverage to rental vehicles, the rental company’s own insurance or loss damage waiver if you purchased it, and credit card rental car coverage if you paid for the rental with a credit card that includes this benefit.
The Federal Graves Amendment
One important legal protection for rental companies in California is the federal Graves Amendment which generally shields rental car companies from liability for accidents caused by their customers. This means that in most cases you cannot sue the rental company itself simply because their vehicle was involved in an accident. However there are exceptions — if the rental company negligently maintained the vehicle or rented it to an unfit driver they may still bear liability.
What Insurance Covers Rental Car Accidents?
Rental car accidents typically involve several potential insurance sources. Your personal auto insurance — most personal auto policies extend liability and collision coverage to rental vehicles but the specific coverage depends on your policy terms. The rental company’s insurance — rental companies offer their own collision damage waiver and liability supplemental coverage which you can purchase at the time of rental. Credit card coverage — many premium credit cards including those from Visa, Mastercard, and American Express provide secondary rental car coverage when you use the card to pay for the rental. The at-fault driver’s insurance — if another driver caused the accident their liability insurance is responsible for your injuries and damages.
What to Do After a Rental Car Accident in California
Call 911 immediately and request a police report. Notify the rental company of the accident as soon as possible — most rental agreements require prompt notification. Document the scene with photographs of both vehicles all damage and any visible injuries. Get the contact and insurance information of all other drivers involved. Contact your personal auto insurance company to understand your coverage. And most importantly call an experienced personal injury attorney before making any statements to the rental company’s insurance adjusters.
Why Rental Car Accident Cases Are Challenging
Rental car accident cases present unique challenges because they frequently involve multiple insurance companies each trying to minimize their exposure. The rental company’s insurers are experienced at handling these claims and will move quickly to protect their interests. Having an experienced personal injury attorney on your side from the beginning is essential to ensuring you recover the full compensation you deserve.
Injured in a rental car accident in the San Fernando Valley or anywhere in Los Angeles County? Contact Girgis Law Firm APC for a free consultation. Attorney Anthony Girgis represents accident victims throughout Encino Sherman Oaks Van Nuys Northridge Woodland Hills and surrounding communities. Call (818) 986-5000 — no fees unless we win.