Legal Guide for Car Accidents in Rental Cars in California

Maison Law stands up for people who’ve been hurt in car accidents throughout California—including cases involving rental cars. With so many drivers on our roads, it’s no surprise that rental cars are often part of the mix. When that happens, the situation can get confusing fast. But you don’t have to figure it out alone.

If a rental car played a role in your accident, we can walk you through your options and help you understand what’s next. Set up a free consultation today.

Do I Need a Lawyer After a Rental Car Accident?

In California, where millions of visitors and out-of-towners are on the road every year, rental car accidents happen more often than you’d think.

Whether you’re the one driving the rental car or the other driver is, what you do next depends on how serious the accident was. If everyone walks away with minor injuries and the insurance process is (fairly) straightforward, you may be able to handle things without us.

But when injuries are involved—or when rental car companies and third-party insurance providers start pointing fingers—it gets complicated quickly. That’s when it really helps to have our team. We will:

• Take the time to understand your situation and offer support that fits your specific case.
• Help you collect the key evidence that can strengthen your claim.
• Break down your options clearly, so you know what’s possible.

And if you decide to move forward, we’ll walk with you through every step of the process. Our goal is to take the pressure off you and your family while you recover. That’s why we start with a free consultation—and you won’t pay us anything upfront.

How Will the Rental Car Company Influence the Claims Process After an Accident?

If a rental car is involved in your car accident, the legal steps you can take don’t really change. The same goes for the rental company itself—whether it’s:

• Budget
• Hertz
• Avis
• Sixt
• Dollar
• Alamo

They each have their own internal process, but the general approach is fairly consistent. Here’s how that’s probably going to influence the claims process:

• Safety comes first – Rental companies will usually check to make sure their customer is safe and has access to emergency services if needed. Medical attention takes priority.
  
  
  
• Collecting records and paperwork – These companies keep detailed records on their vehicles, renters, and insurance policies. After an accident, they’ll review and document everything, which can become important evidence in your case.
  
  
  
• Inspections – Rental cars are supposed to be inspected after any reported accident. The company will want to assess the damage and check if there were any mechanical issues.
  
  
  

Even if the rental company isn’t at fault, they’ll still be involved since it’s their vehicle. That can complicate things, but you don’t have to figure it out alone. If a rental car is part of your accident, our team can help sort out the details and make sure your claim stays on track.

Do I Need Additional Insurance With a Rental Car?

One of the things that generally slows things down is that rental companies carry their own insurance coverage. It’s completely optional, meaning you don’t have to buy it when you rent the car. With that said, if you do (or if the other driver has this additional coverage), it’s going to come into play when you go to file a claim. Here’s what usually happens:

• Rental car company’s options – When you rent a car, you’re typically given a few insurance options, where you can:
  • Use your own personal car insurance, which may extend to rental vehicles.
  • Go with optional coverage that the rental company offers, such as a collision damage waiver (CDW), liability coverage, or supplemental insurance.

    What you do or don’t go with can have a major impact on how a claim is handled—especially if you were the one hit by the person driving the rental car.

• Rental company’s policy – Even if the person renting the car declines extra coverage, the rental company still has a duty to maintain minimum liability insurance on its fleet. In some situations—like when a renter is uninsured or underinsured—the rental company’s own policy may step in. However, rental companies will often try to minimize their financial responsibility, so figuring out who is legally on the hook can be a battle.
• Your own insurance – If you were hit by someone in a rental car, your own insurance—such as MedPay, uninsured/underinsured motorist coverage, or collision—might come into play while liability is still being sorted out.

All of this is a more detailed way to say that rental car accidents often involve three or more insurance companies:

• The rental company’s insurance company
• The renter’s personal car insurance
• Your own car insurance

The more insurance companies that get involved, the more messy things can become. That’s why it’s helpful to have our team on your side. We have the experience and resources to sort everything out for you.

How is Liability Figured Out in a Rental Car Accident?

Obviously, liability is a huge issue with a rental car accident. But the good news is that–even with a rental car–liability still boils down to negligence. So, when there’s a car accident involving a rental car, the person that caused the accident by acting carelessly is generally the one on the hook for the damages.

But it can still get complicated and ultimately comes down to what actually happened. Here are some of the possible parties that could be held liable:

• The driver – If the person driving the rental car broke the rules of the road—by speeding, texting, driving under the influence, or just not paying attention—they can be held responsible just like they would for any other type of accident. Renting a car doesn’t give anyone a free pass when it comes to safe driving.
• The rental car company – If something was wrong with the car—like bad brakes or a tire issue—the rental company could be responsible. They’re also on the hook if they rented the car to someone who shouldn’t have been driving.
• Some other driver – If someone else caused the accident, they’re still liable—even if a rental car was involved. This is the most common situation and usually handled through a regular accident claim.
• Makers of the car or its parts – If a part inside the car failed due to a design flaw or defect, the maker of that part (or the vehicle) might be to blame.
• Government agencies – If the road itself was unsafe—potholes, missing signs, or poor design—a city or state agency might be responsible. These claims are possible in California but must be filed quickly.
• Yourself – If you were driving the rental, you can still file a claim—as long as you weren’t fully at fault. California’s shared-fault rules mean you may still recover damages, but the amount will be reduced based on your share of the blame.

Remember, rental car companies could offer you extra insurance at the counter, but it only helps if you follow the rental agreement. If you were speeding, driving recklessly, or let someone else drive the car, that coverage will probably be voided. And that leads to one of the biggest issues in these cases—how these accidents actually happen. In a busy state like California, there are all kinds of situations that lead to rental car accidents.

How Do Rental Car Accidents Happen in California?

More so than perhaps any other state, California’s roads are packed with a mix of locals, tourists, business travelers, and out-of-state drivers—all trying to get somewhere fast. From winding coastal roads to packed city streets, California offers every driving condition you can imagine. And with so many people behind the wheel—especially in rentals—accidents are bound to happen. Here’s why they’re so common:

• Unfamiliar roads – California’s freeways aren’t always easy to handle—especially for someone new to the area. Missed exits on the 101, last-minute lane changes on the 5, or sudden stops on Sunset Boulevard can quickly turn into a crash. Tourist drivers often struggle with unfamiliar routes and fast-moving traffic.
• Speeding – Some drivers treat rental cars like they don’t have to worry—especially if they added extra insurance. This “drive it like you don’t own it” attitude can lead to dangerous choices, like speeding down Pacific Coast Highway or weaving through traffic near LAX.
• Being distracted – Visitors might be busy checking GPS directions to Disneyland, texting friends at the beach, or trying to read signs while navigating city traffic. Even a moment of distraction on roads like the 880 in Oakland or the 210 in Pasadena can cause a serious accident.
• Driving under the influence –Vacationers sometimes make the mistake of getting behind the wheel after drinking—especially in nightlife hotspots like West Hollywood, downtown San Diego, or the Napa Valley wine region. DUI laws in California are strict, and out-of-town drivers are held to the same standard as everyone else.
• Problems with the rental car itself – Sometimes, it’s not the driver—it’s the car itself. If the rental company doesn’t do what it can to maintain its cars, issues like bald tires or faulty brakes can lead to serious accidents. This can happen anywhere, but is especially dangerous on high-speed stretches of freeway.

Remember, not every accident involving a rental car is the rental driver’s fault. Native drivers can be just as distracted or reckless. But this gives you a general idea of what to watch out for if you’re in an accident with a rental car. However, it also raises another important question: what information can I get and what information will I need if I want to file a claim?

What Information is Going to Be Important in a Rental Car Accident Claim?

Not all accidents are the same—but when a rental car is involved, certain details become especially important. The more you can gather early on, the easier it’ll be to move your claim forward. Here’s what you’ll need to focus on:

• The rental car agreement – The rental contract is one of the first things lawyers and insurance companies will look at. It outlines:
  • Who was allowed to drive
  • What insurance coverage was selected (if any)
  • What rules the renter agreed to follow.If the agreement wasn’t followed—like letting someone else drive the car—that could impact who’s responsible.
• Insurance information – You’ll want to gather insurance details from:
  • The rental car company (including any optional coverage the renter purchased)
  • All drivers involved
  • Your own auto insurance, if it appliesInsurance coverage can overlap or conflict in rental car cases, so having clear records helps figure out who pays for what.
• The police report – A police report provides an official record of the crash, which can be important in proving fault–although it can’t be used as direct evidence in court. Still, if officers responded to the scene, ask for a copy from the local department. If no report was made, make sure to file one yourself with the DMV or local agency.
• Visual evidence – Document everything at the scene:
  • Damage to all vehicles
  • License plates
  • Road signs or signals
  • Any injuries
  • Conditions like rain, construction, or poor lighting.

    This visual evidence can clear up details later, especially if the rental company disputes the condition of the car.

• Information from witnesses – If anyone saw the accident happen—whether a pedestrian, another driver, or a bystander—get their contact information. Neutral witnesses can make or break a liability claim, especially when multiple stories are in play.
• Medical records – If you were hurt, keep detailed records of every doctor’s visit, test, or treatment related to the accident. You’ll also want to document time missed from work or any lasting physical limitations. These records are key to supporting your injury claim.
• Communications with the rental company – Save all emails, texts, or phone logs between you and the rental agency. If they admitted to a maintenance issue or gave unclear instructions after the crash, that could matter later.

In a typical car accident, it’s usually just two drivers and two insurance policies. But with a rental car involved, things can get murky—fast. The right information helps cut through the confusion and give you a solid foundation for your claim.

How Do You Recover Damages After a Rental Car Accident in California?

Getting hurt in any car accident can throw your life off track—physically, emotionally, and financially. When a rental car is involved, the situation can feel even more complicated. But at its core, your path to recovery still involves one main step: filing an injury claim. In California, you typically have two ways to do that:

• Insurance claim – This is often the first route. It usually involves filing a claim with the rental car company’s insurer, your own insurance, or the at-fault driver’s provider. It’s a faster, out-of-court process—but insurance companies are still focused on saving money, not necessarily doing what’s fair. That’s why it helps to have someone on your side making sure nothing gets missed or undervalued.
• Personal injury lawsuit – If the insurance offer isn’t fair—or if the situation is more serious—you may need to file a lawsuit. This is a more formal process, handled in court, where a judge or jury looks at the facts and decides what you’re owed. It takes longer, but it can lead to a more complete financial recovery.

The amount you recover depends on how the accident affected you. Some of the most common damages in a California rental car accident include:

• Medical bills (past and future)
• Lost income or missed work
• Damage to your own car (if you weren’t the one in the rental)
• Pain and suffering
• Mental and emotional distress
• Loss of enjoyment of life
• Funeral costs or loss of a loved one (in fatal cases)

California gives you two years from the date of the accident to file an injury claim. That sounds like plenty of time, but when you’re recovering or dealing with rental agencies and insurance companies, those months can fly by. If you miss that deadline, your case could be thrown out—no matter how strong it is. But remember, you don’t need to guess what you’re owed. Our team can help you calculate your damages based on the full impact of the accident—not just the visible injuries or repair bills.

Need Help After a Rental Car Accident in California?

Rental car accidents often involve out-of-town drivers, unfamiliar insurance coverage, and a lot of finger-pointing between companies. You don’t have to sort that out alone. At Maison Law, we help people through claims like this every day. Whether you were driving the rental or were hit by someone who was, we’ll help you understand your options and protect your rights. Get started today by reaching out for a free, no-obligation consultation.