A car accident is stressful enough on its own, but a collision involving a rental vehicle can change how liability and insurance apply to your case. Learning what you can do in this situation can help you build your case and receive compensation.
Who becomes responsible for the crash?
In most car accident cases in Texas, the at-fault driver bears financial responsibility for the harm they cause. This does not change simply because the vehicle involved is a rental.
That said, you might be wondering if the rental company also shares the blame. But under the Graves Amendment, a federal law, rental car companies are generally shielded from vicarious liability for accidents involving their vehicles.
An exception may exist if the rental company was independently negligent. Renting out a vehicle with known mechanical defects or failing to address an open safety recall, for example, could open the door to a separate claim against the company.
How does insurance factor into this?
While the rental company itself is shielded from legal liability for the crash, it may carry a baseline level of liability insurance on the vehicle that pays out on behalf of the at-fault driver if their personal insurance is insufficient.
Texas law requires all drivers to maintain minimum coverage of $30,000 per person for bodily injury, $60,000 per accident and $25,000 for property damage. Regardless of fault, you can rely on your Personal Injury Protection policy to cover your immediate medical bills and lost wages while you pursue a claim against the at-fault driver.
Credit card benefits can also come into play, though such coverage tends to be secondary and limited in scope. They often cover damage to the rental vehicle itself but may not address injuries or losses suffered by other parties.
Which compensation can you receive?
The types of recovery available under Texas personal injury law can include:
- Medical expenses tied to emergency care, surgery, rehabilitation and ongoing treatment
- Lost wages from time missed at work during your recovery period
- Pain and suffering connected to physical injuries and emotional distress
Additionally, Texas uses a modified comparative fault system, meaning the court reduces your recovery based on the share of fault it assigns to you. If your share of the fault exceeds 50%, you lose the right to recover any damages altogether.
How can you file a claim?
Reaching out to the at-fault driver’s insurer is a typical first step, but you are not required to accept an initial settlement offer. If fault is disputed or multiple policies are involved, the process may take longer and involve more negotiation than you anticipate.
Texas imposes a two-year deadline on personal injury suits, so the timeline for taking action matters. Gathering documentation early, including medical records, the police report, photographs of the scene and details from the rental agreement, can strengthen your position as the process moves forward.