Rental Car Liability Lawyer: Who's Responsible After a Rental Car Accident?
Getting into a rental car accident can be a headache. You have the crash to deal with, and then there’s the paperwork, phone calls, and the question no one wants to answer: who’s actually paying for this? A rental car liability lawyer can help you figure out what’s fair and what steps to take next.
In most cases, liability for a rental car accident depends on what’s written in the rental contract and how the crash happened. If someone was careless, that could shift the responsibility. But if you’ve had a car accident with a rental car in Pennsylvania, the best thing you can do is understand your coverage before agreeing to anything with the insurance company.
At EOL.Law, we help people sort through all that. We deal with the rental company and insurers, explain what your options really are, and make sure you know where you stand before signing off on a settlement.
This guide breaks down what to do after a rental car accident, who might be responsible for the damage, and how to move forward if you need to file a claim.
Liability for a Rental Car Accident in Pennsylvania
If you’re in a rental car accident in Pennsylvania, the first question is who caused it. Fault decides whose insurance pays. Pennsylvania uses a modified comparative negligence rule. You can still get compensation if you’re under 51 percent at fault, but the amount is reduced by your share.
A few types of insurance may apply. Your personal auto policy usually covers rental cars. Rental companies provide the minimum coverage required by law. They can be responsible if the car wasn’t maintained properly. If you bought a Collision Damage Waiver, it usually only pays for damage to the rental car. It doesn’t cover anyone else hurt in the crash. Some credit cards will help pay for repairs, but they almost never cover liability. And in some cases, your health insurance or personal injury protection can help with medical bills, but it depends on your plan.
Federal law, called the Graves Amendment, protects rental companies from most claims. They are usually not responsible unless the car was unsafe or poorly maintained. Most of the time, the driver at fault and their insurance pay for the damages.
Determining Liability in a Rental Car Accident
After a rental car accident, the big question is who’s at fault. In Pennsylvania, fault matters because it decides whose insurance has to pay. Often, more than one person could share the responsibility.
- The other driver
If they were speeding, texting, or just not paying attention, they might be partly or fully responsible.
- The rental company
Rental companies must give you a safe car. If something broke because of poor maintenance, like brakes that didn’t work, they could be on the hook too.
- You
Your actions count. Letting someone drive who isn’t listed, driving while impaired, or ignoring the rental rules could make you partly responsible.
- Shared fault
Pennsylvania lets you recover damages even if you’re partly at fault, as long as it’s less than 51 percent. Your payment is just reduced by your share of the blame.
A few other things to keep in mind:
- Your personal car insurance usually covers rental cars for both damage and liability.
- A Collision Damage Waiver covers the car itself, not other people or injuries.
- Some credit cards cover repairs, but almost never liability.
- Federal law, the Graves Amendment, usually protects rental companies unless they were negligent.
A rental car liability lawyer can help you see who’s at fault and get the right people to pay.
When a Rental Car Company Can Be Held Liable
Most rental car accidents are caused by the driver, not the company. But a rental company can sometimes share responsibility.
- Car problems
If the car wasn’t properly maintained and something like the brakes or tires fails, the company could share responsibility.
- Renting to the wrong person
If they let someone drive who shouldn’t, like an unlicensed, inexperienced, or intoxicated driver, they may be responsible for any accident that happens.
- Customer mistakes under their supervision
Rental companies can sometimes be liable for a driver’s negligence. This is called vicarious liability. If the company did not take reasonable precautions, they could share responsibility.
- Not giving proper warnings
If the company failed to provide important safety information or instructions for operating the car, and that contributed to a crash, they could be held responsible.
- Negligent entrustment
If the company knew or should have known that a driver was not fit to operate the car safely and still rented it to them, they can be liable for any resulting accident.
These situations do not happen often. Most rental car accidents are caused by the drivers themselves. But if a company ignored safety or rented a car to someone unfit to drive, they may share responsibility.
The Allegheny County Verdict Against Avis
A Pennsylvania jury awarded $3 million in punitive damages against Avis after the company rented a car to a driver whose license had been suspended. The rental ended in tragedy when the vehicle was involved in a fatal crash.
The lawsuit was filed by the estate of Rhonda Everson, who died in a collision with Taariq Tyler. Even though Tyler‘s license had been suspended, records showed he was able to rent a vehicle from Avis Rent-A-Car.
The case went before a jury in Allegheny County, Pennsylvania. During the trial, it was argued that Avis failed to verify Tyler’s license status before completing the rental. The estate also claimed negligent entrustment, asserting that Avis allowed a driver who was not legally permitted to drive to operate their vehicle. Jurors agreed, finding the company 35 percent responsible for the crash and Tyler 65 percent responsible.
The jury ordered $3 million in punitive damages and $762,000 in compensatory damages for Everson’s estate. They said Avis’s failure to prevent a suspended driver from renting the car played a direct role in the fatal crash.
Negligent entrustment claims in rental car accidents don’t happen often, partly because proving them can be difficult, and federal law limits liability. Still, these claims are important for helping victims get compensation and encouraging rental companies in Pennsylvania to keep their vehicles and customers safe.
Things to Keep in Mind When Looking at a Rental Company's Liability
When you’re trying to figure out if a rental company could be responsible for a crash, these are the main things to think about:
- The car itself
Was it in good shape? Were the brakes, tires, and other parts safe to use?
- Who they rented to
Did the company make sure the driver was licensed and able to handle the car safely?
- Rules and warnings
Did they explain the rental terms clearly? Did they give any safety instructions or warnings?
- How much control they had
Could the company have done anything to supervise or prevent misuse of the car?
- Did their actions play a role
Did something the company did, or didn’t do, help cause the accident or make injuries worse?
Looking at these things gives a good sense of whether a rental company might share responsibility for a crash.
Your Responsibilities as a Rental Car Customer
If you’re renting a car, there are a few things you really need to do to protect yourself if there’s a crash.
- Drive carefully
Follow the rules of the road, stay alert, and don’t take chances. How you drive can make a big difference if there’s an accident.
- Look over the car
Check the car before you take it and again when you return it. If something seems off or damaged, tell the rental company right away.
- Stick to the rules
Follow the rental agreement. Don’t let anyone drive who isn’t listed. Don’t use the car in ways you’re not supposed to.
- Report accidents right away
If you’re in a crash, call the rental company as soon as you can. Don’t wait. Waiting can make things harder when sorting out claims.
- Be honest
Give full and accurate information to the rental company and investigators. Leaving out details or trying to downplay things can hurt you.
Doing these things makes it easier to protect yourself, keep your insurance valid, and handle a claim if the rental company shares some responsibility. Small steps like checking the car and reporting problems right away can save a lot of trouble later.
What to Do After a Rental Car Accident
If you end up in a rental car accident, it can be stressful and confusing. There are some things you’ll want to do right away to keep yourself covered.
- Check everyone for injuries
Look after yourself and anyone in the car. If someone is seriously hurt, call 911 immediately. Also, glance at the cars—smoke, sparks, leaking fluids—anything that could be dangerous.
- Write down details
Get the other driver’s name, phone number, and insurance info. Note the car makes, models, and license plates. Snap photos of the accident scene, the damage, and anything around the area that might help later.
- Contact the rental company
Use the number inside the car to let them know what happened. They could guide you on what to do next.
- Tell your insurance company
Report the accident immediately. They’ll probably want the police report and details about your coverage.
- Understand the costs
If you didn’t get the rental company’s damage coverage, your insurance usually handles the repairs (minus the deductible). If the car must stay longer because of the accident, the rental company may charge for extra days. Policies can differ, so double-check what your coverage includes.
Doing these things helps keep things organized and protects you from surprises later. Even small actions, like taking photos or reporting quickly, can matter a lot if a claim is filed.
How to Pursue a Car Accident Claim Against a Rental Company
If you’re in a crash with a rental car, there are a few practical things to do to protect yourself and your claim.
- Collect everything you can
Take pictures of the scene, the cars, any damage, and any injuries. Keep notes about what happened. Save receipts, repair estimates, or any other documents that matter.
- Tell the rental company quickly
Contact them ASAP. Explain what happened as clearly as you can. Stick to the facts and don’t guess.
- See a doctor
Even if you feel okay, it’s smart to get checked. Keep a record of visits, prescriptions, and any treatment.
- Keep track of your losses
Write down lost wages, property damage, and other costs caused by the accident. This makes it easier to show the full impact later.
- Get a lawyer
A rental car liability lawyer can guide you through the process. They help collect evidence, deal with the rental company and their insurance, and make sure you’re claiming everything you’re entitled to.
Doing these steps right away gives you a clearer record and keeps your options open. It won’t solve everything on its own, but it helps a lot. A lawyer can make sure nothing is missed, and everyone who should be responsible is included.
Common Defenses Rental Companies Use in Accident Claims
If you file a claim after a rental car crash, the company might try to argue they don’t have to pay as much or anything at all. Here are some things they often bring up:
- You had a part in it
They might say you weren’t paying attention or went a little too fast. Basically, they’re trying to show you share the blame.
- You accepted the risk
Sometimes they point out that by renting the car, you kind of agreed that accidents could happen.
- They couldn’t have known
The company might claim the crash was something they couldn’t reasonably predict or prevent.
- Contract limits
The rental agreement you signed might have fine print saying the company isn’t responsible in certain situations. They’ll bring that up.
- No direct connection
They might argue that whatever they did or didn’t do didn’t cause the crash or your injuries.
Knowing these things doesn’t mean your claim is doomed. It just gives you a heads-up about what the company might say. That way, you and your lawyer can be ready with evidence, notes, and anything else that shows who is responsible.
Why Handling a Rental Car Accident Claim Yourself is a Risk
After a rental car accident, it’s tempting to just deal with the insurance companies yourself to get it over with. But what looks simple on the surface often isn’t. Here’s a practical look at where things can go wrong without a rental car liability lawyer.
- The rules aren’t always obvious.
There are strict deadlines and specific paperwork required for injury claims. Miss a detail, and you could lose your right to compensation without even realizing it.
- Evidence fades fast.
Witnesses forget details. Security camera footage gets recorded over. A lawyer knows what to collect immediately to preserve your story while it’s still fresh.
- Insurance companies are not your advocates.
Their job is to settle your claim for as little as possible. When they make a low offer, a rental car liability lawyer knows how to counter it and negotiate for what your claim is actually worth.
- Liability gets tangled quickly.
You’re dealing with your insurance, the other driver’s policy, and the rental company’s contract. It’s easy to get overwhelmed figuring out who pays for what. We untangle that for you.
- You might not recover everything you’re owed.
It’s not just about car repairs. You need to account for rental costs, lost wages, and other expenses. An experienced rental car accident attorney makes sure the final settlement covers all your losses.
Handling everything alone might seem like it saves money. However, it often leads to delays, mistakes, and lower compensation. Someone who knows the system can help make the process smoother and get what you should.
Rental Car Liability Lawyer at EOL.Law
An accident in rental car Hertz or any other rental can be confusing. You have to figure out who is responsible, deal with insurance, and understand your rights. Liability for rental car accident claims in Pennsylvania is not always clear, and it can be hard to know what to do next.
Sometimes the rental company might be partly responsible, and you could recover some compensation. Other times, they aren’t at fault, and it isn’t always clear which applies. A rental car liability lawyer can help sort through the situation, show you your options, and make sure all parties who should be responsible are included.
At EOL.Law, our attorneys can look at your case and help you figure out whether you have a claim against a rental company. Contact us for a free consultation to talk through your options and see what you may be able to recover.
Frequently Asked Questions
Who covers liability when renting a car?
Your own car insurance typically covers you in a rental, just like it does for your personal vehicle. The rental company also provides the basic, state-required liability coverage as a backup. For extra protection, you can buy additional liability insurance directly from the rental company. If your coverage falls short, you are personally on the hook for the remaining costs.
How much are most car accident settlements?
Think about your medical bills and lost wages first. That’s where settlement discussions usually start. For more serious injuries that affect your daily life, the number grows significantly. Many of our clients are surprised by what their case is worth once we sit down and calculate everything.
Is it worth getting an attorney for a car accident?
Insurance companies employ adjusters focused on protecting their bottom line. An attorney levels the playing field during negotiations. Since we work on contingency, you pay nothing unless we secure your settlement. This approach typically results in higher compensation, even after legal fees. This makes representation a practical decision.
How to sue a rental car company?
Start by securing your rental agreement and the official accident report. You’ll need to show the rental company did something wrong, like renting out a poorly maintained vehicle. These cases get complicated quickly. We recommend consulting with EOL.Law first to review your options.
