Who Is Responsible for Damages in a Rental Car Accident?

Who is responsible for damages in a rental car accident depends on the type of damages, the type of insurance the rental car driver has, and who is at fault for the accident. Here is more information on each of these factors.

Oklahoma: The At-Fault State Claim Process

Oklahoma is an at-fault state for car accidents. This means that the party declared at fault for the accident is legally and financially responsible for compensating the victim for the damages the at-fault party caused. As such, the injured victim would likely file a claim with the at-fault driver’s liability insurance provider for this compensation.

To recover compensation, you will have to prove the other driver was at fault, which generally requires proof such as:

• An accident report that includes a law enforcement officer’s initial impression of fault or cites the other driver for violating a traffic rule
• Photos or videos of the scene, including of nearby traffic signs and signals, damage to all vehicles involved, and skid marks (or the lack thereof)
• Statements from witnesses, who can provide an objective impression of how the accident occurred

Insurance That Covers Rental Cars

Drivers’ insurance policies generally follow them when they are in a rental car. Therefore, if the at-fault driver responsible for causing the accident rented the car, the driver’s liability insurance policy would likely be responsible for covering the damage.

Renters are also often given the option of purchasing additional insurance or coverage that can protect against various losses, such as:

• Loss/Collision Damage Waiver: This is not technically insurance but instead a waiver from the rental company waiving their right to pursue compensation from you if the rental vehicle is lost or stolen during your rental period.
• Liability coverage: The rental company may allow you to purchase additional insurance to cover any losses you cause due to your negligence to another driver.
• Personal accident insurance: This insurance covers medical costs for you and your passengers.
• Personal effects coverage: This insurance covers personal items that are stolen from the rental vehicle.

Your credit card may offer additional coverage, but you need to book the rental with the card, and it may be secondary insurance.

Car Accident Damages

The specific damages that you suffer in the car accident can also affect who is responsible for paying for them. For example, the insurance contract could state that the renter is responsible for any damages that happen to the vehicle during the rental period, so it is crucial to carefully review it to determine financial responsibility related to the rental. You may be able to sue the at-fault driver to cover such losses, but the rental company might have a right to take legal action directly against you. Additionally, it can pursue compensation for loss of use of its rental vehicle.

The at-fault driver is generally responsible for paying for the losses they cause in the accident, such as medical expenses, lost wages, and pain and suffering.

Contact the Oklahoma Injury Law Firm for Help with Your Rental Car Accident

Accidents involving a rental car – whether you were the renter or injured by one – can be more complicated than typical car accident cases involving vehicles owned by the drivers. The dedicated personal injury attorneys at the Oklahoma Injury Law Firm can help you fight for the compensation that you deserve. Contact us online for a free case review.