By: When you’re visiting California or just using a rental vehicle while your car is in the shop, the last thing you expect is to be involved in a car accident, especially one that isn’t your fault. Suddenly, your relaxing trip or daily routine is disrupted by a crash, an unfamiliar claims process, and the looming question of who pays for what.
At Roberts | Jeandron Law, we understand how overwhelming and frustrating this experience can be. Our firm is dedicated to helping accident victims understand their rights, recover damages, and navigate the legal system with clarity and confidence. If you were involved in a not-at-fault accident while driving a rental car in California, we’re here to help you take the right steps, avoid costly mistakes, and seek the compensation you deserve.
Our rental car accident services are designed to simplify a complex process and ensure that clients are treated fairly throughout the aftermath of a car crash. From navigating insurance claims to managing communication with the rental company and the at-fault driver’s insurer, we provide comprehensive legal support to help you move forward.
About Roberts | Jeandron Law: Advocacy When You Need It Most
Roberts | Jeandron Law is a client-focused personal injury law firm based in California. With years of experience handling complex accident and injury claims, we are committed to standing by victims who have been hurt due to the negligence of others. Our mission is clear: to protect your rights, ease your burdens, and fight for full and fair compensation on your behalf.
We’ve represented clients in all types of motor vehicle accident claims, including those involving rental cars: we understand the unique legal and insurance challenges that arise in these cases. Our personalized and results-driven approach ensures that each client receives tailored guidance, strong representation, and unwavering support throughout the entire process.
If you’ve been involved in a California rental car accident, understanding your rights is essential. You may be entitled to compensation even if you don’t own the vehicle, and knowing how fault, insurance coverage, and rental agreements interact can make all the difference in your recovery.
Many accident victims mistakenly believe they have limited options because they were driving a rental. However, California law still protects your right to recover damages if another party caused the crash. Whether you’re dealing with medical bills, lost wages, or rental-related fees, it’s important to speak with an attorney who understands the unique challenges of rental car collisions and can guide you through the process.
Rental Car Accidents and Liability Coverage in California
Rental car accidents operate under the same general legal principles as other car accidents; liability is based on fault. If another driver caused your accident while you were in a rental vehicle, they (and their insurance company) are responsible for your damages. However, rental cars come with additional layers of complexity:
- You may have purchased rental insurance through the rental company.
- Your personal auto insurance might cover rental cars.
- Credit card benefits may provide secondary coverage.
- The rental company may require reports and documentation.
- You’re operating a vehicle that you don’t own, which introduces contract terms and responsibilities.
Understanding who is financially responsible after a not-at-fault rental car accident can be confusing, but that’s where our team of car accident lawyers steps in.
What to Do After a Not-at-Fault Accident in a Rental Car
Taking the right steps after an accident is critical, especially when you’re driving a rental vehicle. Here’s what to do:
Ensure Safety First
Check for injuries and move to a safe location. Call 911 if anyone needs medical attention. Always notify law enforcement so that a formal report can be filed.
Document Everything
Gather the following at the scene:
- Driver’s license and insurance information from the other driver(s)
- Rental agreement and contact info for the rental car company
- Photos of the accident scene, vehicle damage, and road conditions
- Names and contact info of any witnesses
Notify the Rental Car Company
Call the rental car company’s accident reporting line as soon as it’s safe to do so. They may instruct you to complete an incident report or follow specific procedures based on their policies.
Contact Your Insurance (If Applicable)
Even if you weren’t at fault, you may want to notify your own insurance company. Some policies extend to rentals, which can help cover initial damage while fault is being determined.
Seek Legal Help
Even if you believe the case is straightforward, complications often arise. Insurance companies may try to deny or delay your claim. Working with a personal injury attorney can help protect your rights and ensure you’re not taken advantage of.
The Role of Rental Car Insurance in Accident Claims
Rental car coverage can take several forms:
Collision Damage Waiver (CDW)
Offered by rental companies, a CDW typically covers damage to the rental car, regardless of fault, but it may not apply in all scenarios, such as if you violate the rental coverage terms.
Liability Insurance Coverage
Some car rental companies include basic liability insurance, but it may be minimal in scope. This protects you if you’re at fault, not if someone else hits you. In many cases, the coverage limits are too low to fully protect against serious claims, leaving you financially exposed without additional insurance or personal coverage.
Personal Auto Insurance
If you carry full coverage on your own vehicle, your primary insurance policy may extend to a rental car, especially for short-term rentals. This can help cover damage to the rental vehicle, liability for injuries or property damage, and sometimes even loss-of-use charges imposed by the rental car company.
Credit Card Rental Insurance
Many major credit cards offer secondary coverage for rental cars if the entire rental was paid using the card. However, these benefits often exclude liability insurance and have strict reporting timelines.
Even in not-at-fault accidents, understanding how these layers interact is essential. In some cases, you may need to file claims through multiple sources to recover your losses fully.
Understanding Fault and Liability in California
California is a fault-based state, which means the person who caused the accident is liable for the damages. To receive compensation, you’ll typically need to file a claim with the at-fault driver’s insurance company. In some cases, liability may be split between multiple parties. For example:
- If the other driver was working at the time of the crash, their employer may be liable.
- If a defective car part caused the accident, the manufacturer may be held responsible.
- If the other driver is uninsured or underinsured, your own coverage may need to take effect to provide additional protection.
Roberts | Jeandron Law works diligently to investigate the circumstances of your accident and identify all potential sources of liability.
Your Legal Rights in a Not-at-Fault Rental Car Accident
As a victim in a not-at-fault crash, you have the right to pursue compensation for:
- Vehicle-related expenses (including rental vehicle damage)
- Medical bills and future treatment costs
- Lost wages or loss of earning capacity
- Pain and suffering
- Emotional distress
- Out-of-pocket expenses related to the accident
You also have the right to seek legal counsel to handle communications with insurance companies, negotiate a settlement, and, if necessary, file a lawsuit.
Keep in mind: you are not obligated to accept the rental car company’s or insurance adjuster’s evaluation of your claim. An experienced lawyer can ensure your case is valued fairly.
How Roberts | Jeandron Law Can Help
At Roberts | Jeandron Law, we represent clients who were injured in rental car accidents through no fault of their own. Our role is to make the process as straightforward and stress-free as possible while aggressively pursuing your right to compensation. Our legal team can help by:
- Reviewing rental agreements and insurance coverage
- Handling all communications with insurers and rental agencies
- Investigating the fault and building a strong case
- Calculating the full extent of your damages
- Negotiating for a fair settlement
- Taking the case to trial, if needed
We know that being in a rental car makes an already stressful situation even more complicated. That’s why we bring clarity, guidance, and legal strength to every case we take on.
FAQ: Not At Fault in a Rental Car Accident
Do I still have to pay for the rental car damage if I wasn’t at fault?
Possibly, upfront, but not permanently. Car rental companies may charge you for repairs and loss of use, but you can seek reimbursement from the at-fault party’s insurer or through applicable coverage.
Even when you’re not responsible for the car crash, rental vehicle coverage often holds you liable for any damage or rental car expenses while the vehicle is in your possession. This means you may initially have to cover rental car costs out of pocket or via your credit card or personal insurance. However, once fault is established, your attorney can help you recover those expenses by filing a claim against the at-fault driver’s insurance. If you purchased a collision damage waiver (CDW) or have coverage through your own insurer, those benefits may also kick in to offset or front the cost.
In some cases, delays in the claims process can make it more difficult to receive timely reimbursement. That’s why it’s essential to document everything, including receipts, repair estimates, rental invoices, and all communication with the rental company. An attorney can use this documentation to strengthen your claim and ensure you’re not stuck paying for damage caused by someone else’s negligence.
Should I accept the insurance company’s first offer?
It’s often much lower than what your claim is worth. Always consult with an attorney before accepting a settlement.
Insurance companies are businesses focused on minimizing payouts. Their initial offer may not reflect the full extent of your injuries, ongoing treatment needs, lost wages, or pain and suffering. Accepting a quick settlement can leave you financially responsible for future medical expenses or other accident-related costs that weren’t adequately factored in. Once you sign a release, you typically give up your right to pursue additional compensation, even if new injuries or complications arise later.
An experienced attorney can assess whether the offer is fair based on the specific facts of your case, including liability, documentation of your losses, and California personal injury law. They can negotiate on your behalf, pushing for a settlement that covers both current and future damages. When your financial stability and recovery are on the line, it pays to have a professional review every detail before making a final decision.
What if the other driver doesn’t have insurance?
Your personal auto policy or credit card benefits may include uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage can step in to pay for your medical expenses, property damage, and other losses when the at-fault driver has no insurance, or not enough to cover the full cost of the accident.
In California, while drivers are required to carry liability insurance, many do not comply, and others carry only the minimum limits, which may be far too low to cover serious injuries. If you declined UM/UIM coverage when you purchased your policy, your options may be more limited, but not necessarily gone. In such cases, you may still be able to recover damages by filing a personal injury lawsuit directly against the at-fault driver.
Additionally, an attorney can help identify other potential sources of compensation, such as third-party liability if the at-fault driver was operating a company vehicle or driving on behalf of their employer. Navigating these scenarios requires legal experience, which is why it’s important to work with a law firm like Roberts | Jeandron Law that understands the nuances of uninsured motorist cases in rental car accidents.
Can I file a lawsuit even though I was driving a rental?
Yes. You have the same rights as if you were driving your own car. The fact that you were renting doesn’t limit your ability to pursue damages.
California law focuses on who was at fault for the car crash, not who owned the vehicle. As long as you were lawfully operating the rental car and the other driver’s negligence caused the accident, you are entitled to seek compensation through a personal injury claim or lawsuit. This includes claims for medical bills, lost wages, pain and suffering, and property-related expenses. An attorney can help ensure that your rights are fully protected and that rental-specific complications, like damage fees or rental company involvement, don’t interfere with your ability to recover fair compensation.
Do I need a lawyer if I wasn’t hurt?
Even in non-injury cases, a lawyer can help with property damage claims, rental company fees, and insurance disputes. If there are any injuries, even minor ones, speaking with a lawyer is strongly recommended.
Many people assume that legal representation is only necessary for serious injuries, but even a straightforward rental car accident can involve complex liability issues, hidden fees, and uncooperative insurance companies. A lawyer can ensure you aren’t unfairly charged for vehicle repairs, loss of use, or violations of the rental agreement. They can also help you recover out-of-pocket expenses and negotiate a fair resolution without you having to navigate the legal process alone.
Common Mistakes to Avoid
Dealing with a rental car accident can lead to confusion and missteps. Here are some common pitfalls to watch for:
- Not calling the police: Always file a report, even if the damage seems minor.
- Failing to notify the rental car company promptly.
- Admitting fault at the scene before an investigation has been done.
- Skipping medical care can weaken a future claim.
- Accepting a low settlement offer without consulting a lawyer.
- Overlooking secondary insurance coverage, like credit card protections.
- Delaying legal help can limit your options and bargaining power.
At Roberts | Jeandron Law, we help clients avoid these costly mistakes and take control of their legal recovery.
Take the Next Step Toward Relief
No one rents a car expecting to be involved in an accident. Yet when another driver’s negligence causes a crash, you shouldn’t be left with the bill or the burden of fighting the system alone. Roberts | Jeandron Law stands ready to help you understand your rights, deal with insurance complexities, and pursue fair compensation for your losses.
Whether you were injured while vacationing in California or using a rental car while your vehicle gets repaired, our firm can help you regain control and move forward with confidence.
Contact us today for a free consultation and take the first step toward justice.