Consider the following scenario: A car rear-ends you at high speed. As you recover and start to exchange information, the other driver tells you the car they’re driving is a rental, so the rental company will pay for the damages. You walk away thinking everything is sorted out, only to call the rental company and have them explain that no, it’s actually the other driver that will pay because of some law that you’ve never heard of. Now you have to spend the next few months chasing down insurance companies and playing telephone with the rental company and other driver, all while dealing with serious injuries and hospital bills.

This is not a far-fetched scenario — in fact, this exact situation plays out hundreds of times all over the US every year.

Like crashes involving commercial vehicles, determining who is ultimately responsible for paying for your medical bills after a crash can be complicated when rental cars are involved. Personal auto insurance, optional coverage or even specific credit card benefits can result in a tangled mess of liability and finger-pointing.

This article will help you understand the basics of rental car accident liability in Texas, and what to do if you’re involved in a rental car crash (on the receiving end, at least).

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Who Can Be Responsible for a Rental Car Accident?

Rental car accidents are handled under most of the same rules as other car crashes. Texas is a fault-based state, which means the person or company responsible for causing the collision can be held financially liable for the resulting injuries and losses. However, the United States also offers additional protections for rental car companies.

Depending on the facts, some of the liable parties may include:

  • The rental car driver
  • Another motorist
  • The rental car company
  • An employer
  • A vehicle manufacturer
  • or multiple parties who contributed to the crash

However, in most cases, the liability will not extend to the rental car company itself, but not always, which brings us to our next question.

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Can You Sue the Rental Car Company After a Crash?

Rental car companies are offered explicit exculpation under federal law 49 U.S. Code § 30106, also known as the Graves Amendment:

  1. In General.—An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if—
    1. the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and
    2. there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).

Graves Amendment Exclusions 

While the Graves Amendment is far-reaching, it is not all-encompassing. As mentioned above, certain behaviors are not covered by the graves amendment, including:

  • Allowing an unsafe vehicle to remain in service
  • Ignored known maintenance issues
  • Failing to repair worn brakes or tires
  • Intentionally sabotaging the vehicle
  • Allowing a rental despite clear warning signs that the driver was not fit to drive

In simple terms: rental car companies may still be held liable after a crash if they contributed directly or otherwise casued the crash. They cannot be held liable if the driver crashed due to their own negligence, unless the company should have known they unfit to drive.

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What If the Rental Car Was Being Used for Work?

Business liability is more complicated. If the driver was traveling for work, making deliveries, transporting clients, or performing job duties when the crash occurred, they will likely be covered by their employer’s business insurance coverage or direct liability.

Employers themselves may be responsible when an employee causes a crash within the course and scope of employment, and a company may also be liable for negligent hiring, poor training, unsafe scheduling, or failing to enforce safe-driving policies. However, none of these items indicate liability for the rental car company itself.

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When the Rental Car Driver Caused the Crash

If the person driving the rental vehicle caused the collision, they (or their insurance) will likely be responsible for injuries and damages. In these cases, the first issue is usually insurance. The rental driver may have a personal auto policy that extends to rental cars. They may also have purchased supplemental liability coverage from the rental company. In fact, many rental companies require drivers to purchase a certain level of liability coverageo offer a certain level of coverage, responsibility for paying that coverage actually falls on another insurer. Companies may also claim the rental agreement excluded coverage.

Meanwhile, the injured person is usually left waiting for answers while medical bills, missed work, and vehicle damage continue to create financial pressure to take a bad deal and settle.

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Insurance Coverage Purchased from the Rental Company

Rental companies often offer optional products at the counter. These may include a collision damage waiver, supplemental liability protection, personal accident insurance, or personal effects coverage.

Collision damage waivers are especially important to understand. They are usually not traditional insurance. Instead, it is an agreement that the rental company will waive some or all of its right to charge the renter for damage to the rental car, assuming the renter follows the agreement.

Supplemental liability protection is different. It may provide additional liability coverage if the renter injures someone else. Whether it applies depends on the contract language, the driver’s conduct, and the facts of the crash.

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Do Credit Cards Cover Rental Car Accidents?

Some credit cards provide rental car benefits when the rental is paid for with that card. In many cases, these benefits are secondary, meaning they apply only after other available insurance is used. They also focus explicitly on damage to the rental vehicle, and not injuries to other people.

That distinction matters. A credit card may help with repair charges, deductibles, or loss-of-use fees from the rental company, but will usually not provide meaningful compensation for medical bills, lost income, pain, impairment, or other personal injury damages.

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Can Fault Be Shared in a Rental Car Accident?

Yes. Texas uses a proportionate responsibility system, and it applies to every personal injury case, including rental car crashes. More than one person or company can share fault for the same crash.

For example, one driver may have been speeding while another failed to yield in time – part of the reason they failed to yield was because the brakes partially failed. However, the rental company providing the car may have failed to maintain the car properly. So, because the driver acted carelessly and the cars brakes failed , while the driver also reacted carelessly. In those cases, fault may be divided among multiple parties – the speeding car, the at-fault driver and the rental company. Fault may even be pushed to a third-party contractor responsible for maintaining the vehicles.

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What Compensation Is Available After a Rental Car Crash?

Injured victims may be able to recover compensation for medical bills, future treatment, lost wages, reduced earning ability, pain, mental anguish, physical impairment, disfigurement, and other crash-related losses.

The value of a claim depends on the severity of the injuries, the available insurance coverage, the strength of the liability evidence, and the long-term impact of the crash.

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What Should You Do After a Rental Car Accident?

After a rental car crash, call 911, seek medical attention, take photos, exchange information, and report the crash to the rental company. Keep the rental agreement, insurance paperwork, reservation confirmation, credit card benefit information, and any emails or text messages related to the rental.

Avoid giving recorded statements before understanding which insurer is asking questions and why. In rental car claims, several companies may be trying to limit their own responsibility.

You should also act quickly. In Texas, most personal injury lawsuits must be filed within two years of the accident. Waiting too long can make it harder to preserve evidence, obtain rental records, identify coverage, and protect your right to compensation.

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Speak with a Houston Rental Car Accident Lawyer

Rental car accident claims usually involve overlapping insurance policies, complicated federal protections, contract disputes, and arguments over who was at fault. Depending on the facts, liability may rest with the rental driver, another motorist, an employer, the rental company, or several parties all at once. Your best chance at receiving fair compensation after a rental car crash is by working with an experienced personal injury attorney.

Hilda Sibrian has represented injury victims in car and truck accident claims across Texas for over 22 years. If you or someone you love has been seriously injured or killed due to another driver’s negligence, you need to call an experienced Houston attorney as soon as possible. The Law Offices of Hilda Sibrian serve all of Houston and Texas, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper.

Call the Law Offices of Hilda Sibrian today for a free consultation, or fill out our online contact form.