Getting into a rental car accident in California can turn your life upside down. With so many details to handle, like insurance claims and rental car agreements, let alone receiving proper medical treatment, knowing where to start can be difficult. You'll probably face many questions regarding California's specific laws. This guide will help you understand the intricacies of a rental car accident in California. It also provides clear steps to help you take control of the situation.

Getting into any car accident adds a layer of stress you don't want to handle, especially in a rental. The process involves multiple parties, like yourself, the other driver (if applicable), your insurance company, the rental car company, and possibly, a California car accident attorney.

Knowing your rights and how to handle a rental car accident in is essential in these situations. Not only will it help make the process go smoothly, but it can help you obtain the compensation you deserve if you suffered injuries and needed medical treatment.

Table Of Contents:

• What to do Immediately After a Rental Car Accident in California
  • 2. Exchange Contact Information and Document the Accident Scene
  • 3. Contact Your Insurance Company
  • 4. Call the Rental Company
  • 5. Contact a Car Accident Attorney
• Understanding Insurance in a California Rental Car Accident
  • 1. Your Personal Auto Insurance
  • 2. Credit Card Coverage
  • 3. Rental Car Company Insurance (Collision Damage Waiver)
• Determining Fault in a California Rental Car Accident
• What if I Can't Afford to Pay for Damages to My Rental?
  • The Other Driver Is at Fault but Doesn't Have Insurance
  • I Can't Afford to Cover the Rental Company's Deductible. What are my options?
• Additional Tips to Protect Yourself During a Rental Car Accident in California
• FAQs about rental car accident in California
  • Who pays for a rental car after an accident in California?
  • Can you sue a rental car company in California?
  • What happens if the person at-fault in an accident has no insurance in California?
• Rental Car Accident Free Case Evaluation

What to do Immediately After a Rental Car Accident in California

First, make sure everyone involved is safe. If someone has sustained injuries, immediately call 911. After handling the immediate needs following the accident, prioritize gathering evidence.

2. Exchange Contact Information and Document the Accident Scene

Similar to accidents involving personal vehicles, it's crucial to exchange information. This is important in all accidents, especially in California rental car accidents. This exchange helps establish responsibility and can be very valuable if legal issues arise. If you are renting a car and get into an accident, you'll want to exchange this information:

• Driver's name.
• Insurance policy number.
• Driver's license number.
• Contact Information - phone number and address.

When documenting, your goal is to paint a picture of what happened for anyone not present at the scene. The information helps establish fault and liability, especially if legal battles come into play. Consider these details while documenting:

• Date and time of the accident.
• Photos and videos of the scene – this includes vehicle damage (for all cars involved), skid marks on the road, and anything else that helps create context of how the accident transpired.
• Road conditions – were there any external factors contributing to the accident? (e.g. wet roads, potholes, construction).

Once you have gathered all the necessary evidence at the accident scene, contact your insurance company and the rental company.

3. Contact Your Insurance Company

You must notify your insurance company as soon as possible after an accident occurs. Explain the details of the incident, the damage caused, and any injuries sustained. Based on California law, you need to inform your insurance company within a reasonable time frame.

They will use this information to understand how to best assist with the claims process, including helping you understand your coverage. Your insurance company can also give you legal counsel about your accident.

4. Call the Rental Company

Alerting the rental company about the accident begins the process for insurance and liability claims with them. Most importantly, it allows them to advise on their company-specific protocols. Many car rental agreements outline procedures for handling accidents. Ignoring those procedures could affect your financial responsibility and any existing insurance coverage you have through the company or credit cards.

5. Contact a Car Accident Attorney

In California, when a car accident occurs and it is someone else's fault, the injured victims have the ability to pursue compensation for their medical treatment as well as pain and suffering. An experienced car accident attorney can help you determine whether or not you are owed compensation for your ordeal. You can give us a call or fill out our form and we'll evaluate your case with you for free.

Understanding Insurance in a California Rental Car Accident

Here's where a rental car accident in California gets a little more complicated than your standard car accident. Multiple insurance options could cover rental car damage depending on the specifics of your situation, the type of insurance you opted for, and your personal auto insurance. Below is an in-depth look at common insurance scenarios to better help you understand your options.

1. Your Personal Auto Insurance

If you're in a car accident you caused while driving a rental, your personal car insurance might cover the damages based on your existing coverage. Typically, coverage on a personal policy extends to rentals unless there's a specific exclusion outlined in the terms.

Thoroughly review your policy to confirm if you selected rental car coverage (rental reimbursement) when purchasing. You can often find this information directly on your insurer's website or mobile application. Your insurance company may also pay for damages depending on the specifics of your policy, so it's essential to be familiar with your coverage.

2. Credit Card Coverage

You might have coverage for a rental car accident in California and not even realize it. This is an uncommon idea that people often overlook, especially with the chaos following an accident. It could end up saving you tons of money.

Many credit cards now come with car rental insurance perks, offering some protection for damages, theft, or even medical expenses. To utilize the rental coverage from a credit card company, it sometimes needs to be used for the rental transaction. Review the policy benefits from your credit card provider or contact the customer service number listed on your credit card.

3. Rental Car Company Insurance (Collision Damage Waiver)

The rental car agency likely offered a Collision Damage Waiver (CDW), also called Loss Damage Waiver (LDW), when you picked up your vehicle. Purchasing this typically results in the rental car company waiving (or significantly reducing) your responsibility for any damages during the rental. Although optional in California, many view the Collision Damage Waiver as essential to avoid unwanted and expensive out-of-pocket expenses if an accident happens.

Although it may seem like an added expense on top of your rental, purchasing the rental car insurance could help cover the damages should you find yourself in this unfortunate situation. However, it's important to be aware that Collision Damage Waivers come with specific restrictions that may affect whether or not they will cover damages in an accident. Be sure to thoroughly read the fine print before selecting the additional insurance.

Determining Fault in a California Rental Car Accident

Determining who is at-fault after a car accident can be challenging, but especially when a rental car is involved. Remember that California is a "fault" state, meaning the person who caused the accident is usually responsible for any resulting damages or injuries. The state operates under a “comparative negligence” rule, which determines the percentage of fault assigned to involved parties, which also plays a large role in determining financial responsibility.

It is extremely helpful for proving fault if you already have detailed documentation of the scene of the accident. Taking photos and collecting information from the other parties involved will aid your claim. Here's how to figure out who is at fault:

• Police Report: Calling the police to the scene is the best way to properly document an accident and gather an impartial report. You should also exchange contact information with the other driver involved, as this will be helpful for insurance purposes.
• Witness Testimony: Any witnesses that can provide a third party account of what occurred helps establish and confirm who was at fault.
• Evidence from the accident: Utilize the information collected during the accident documentation process (e.g., photos and videos of the vehicles and accident scene).

What if I Can't Afford to Pay for Damages to My Rental?

Not having enough insurance coverage for a rental car accident can create additional unwanted stress. Here are some potential situations that can arise and how to best navigate the complexities.

The Other Driver Is at Fault but Doesn't Have Insurance

This is the worst possible situation you can find yourself in. California, just like all other states, requires all drivers to carry insurance, at minimum, liability coverage. Unfortunately, some drivers still choose to drive without insurance, creating an unpleasant situation when accidents occur. Your only option if you're in an accident with an uninsured motorist is to file a claim under your uninsured/underinsured motorist coverage.

I Can't Afford to Cover the Rental Company's Deductible. What are my options?

If your insurance doesn't cover the full cost of repairs or if you declined the rental company's insurance coverage, you may face out-of-pocket costs such as the rental company's deductible. This cost can sometimes be quite expensive, adding pressure when already in a financially tough spot.

Here's what to do:

• Negotiate with the Rental Car Company: Explain your financial constraints to the rental car company, and see if there are options for a payment plan to pay off the deductible.
• Consider a Personal Loan: If the rental company doesn't offer payment plan options, try obtaining a personal loan from a bank or credit union to pay off the debt in full to avoid the debt going to a collections agency.

Additional Tips to Protect Yourself During a Rental Car Accident in California

Here are some added precautions you can take to have a smoother experience if a rental car accident occurs:

• Take pictures of the car: Prior to driving away from the lot, take photos and videos of the rental car from all angles. Be sure to make note of any pre-existing damage. By taking these pictures, it ensures you have evidence that the damage was not your fault and keeps you from being wrongly blamed and financially responsible for damages. This also serves as proof should there be issues when you return the car in good condition.
• Be sure to understand what's in the Rental Agreement: Don't make assumptions. Before signing any documents, read all the terms listed. Take note of who is responsible for the vehicle's maintenance and understand the rental car company's specific accident reporting procedure.
• Thoroughly Understand Insurance Policies: Before even leaving for your trip, get clarity about your existing auto insurance policy's terms. Call your insurance agent and ensure your coverage extends to rentals and that you're aware of the terms and conditions. If you decide to utilize your own car insurance, be mindful it could affect your premium.

FAQs about rental car accident in California

Who pays for a rental car after an accident in California?

Determining who is financially responsible after a rental car accident in California depends on who is at fault and your specific insurance coverage. It could be your insurance, the other party involved (if applicable), or the rental car company itself if you selected and paid for additional coverage (e.g. Collision Damage Waiver). You might even have rental car coverage as a perk of your credit card. The best advice is to prepare ahead of time by reading through your insurance policy and bringing a copy with you. Having it readily available to review following an accident will alleviate the stress of trying to track down the details.

Can you sue a rental car company in California?

Suing a rental car company in California is usually unnecessary as long as you fulfill your end of the agreement and understand your responsibility and liabilities. For instance, you're typically responsible for following the traffic laws. They provided a roadworthy car at the time of rental. Always contact an attorney directly should you have concerns.

What happens if the person at-fault in an accident has no insurance in California?

If the at-fault driver doesn't have insurance in California, it will likely involve using your uninsured/underinsured motorist coverage. Your insurance may end up handling damages if this happens, making it essential to keep them informed about all the accident details, police reports, and estimates. Be sure to keep them in the loop every step of the way so there aren't surprises and denied claims because the rental company didn't receive all necessary documentation or communication about the claim.

Rental Car Accident Free Case Evaluation

Getting in a rental car accident in California can be a stressful experience. Understanding who is financially responsible can feel overwhelming. But, being aware of how insurance policies work with a rental car company can potentially save a lot of headaches down the road. Keep calm, collect the necessary documentation, understand what your personal car insurance covers, and if needed, consult an attorney. Knowing your rights as a consumer makes a world of difference.

For those who have suffered injuries in a rental car accident that was not their fault, feel free to give our Irvine personal injury attorneys a call or fill out our form and we will evaluate your potential rental car injury claim with you for free.