A rental car accident can turn your Texas trip or daily Houston commute upside down. When the dust settles, you want to ensure that your health is cared for and that you aren’t stuck with unfair bills. The Texas laws and insurance policies involved may seem daunting, but help is available. If you’ve been injured in a rental car accident in Houston or anywhere in Texas, contact The Adley Law Firm today for a free consultation. Our skilled team will review your case, answer your questions, and fight for the compensation you deserve. You won’t pay a dime unless we win your case – that’s our promise. Let our Houston-based, bilingual legal team stand in your corner and help you navigate the path to recovery. Reach out anytime, 24/7, and take the first step toward justice and peace of mind after your accident.
Immediate Steps to Take After a Rental Car Accident
Your safety and legal obligations come first after any crash. Texas law and authorities provide clear guidance on what to do in an accident’s aftermath. Here are the key steps you should follow right away:
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Check for Injuries and Call 911: First, assess yourself and others for injuries. If anyone is hurt, call 911 immediately to get medical help on the scene. Texas law requires that crashes involving injury, death, or significant property damage be reported to police right away. Even for minor accidents, it’s wise to call the police so an official report is made. Emergency responders will also ensure anyone injured gets prompt treatment.
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Move to a Safe Area (If Possible): If the vehicles are drivable and no one is seriously injured, Texas law requires you to move your car out of the flow of traffic for safety. Pull over to the shoulder or a safe spot nearby. This helps prevent secondary accidents. Turn on hazard lights, and if you cannot move the car, use flares or raise the hood to warn oncoming traffic.
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Exchange Information with the Other Driver: Once safe, exchange contact and insurance details with the other driver. Get their name, address, phone number, driver’s license number, license plate, and insurance policy information. The Texas Department of Transportation (TxDOT) notes that drivers should swap this information at the scene. If there were passengers or witnesses, collect their names and contact info as well. This information will be crucial for filing insurance claims and police reports.
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Document the Scene and Evidence: Take photos of everything you can: damage to all vehicles, the overall scene, skid marks, traffic signs, and any visible injuries. Photos can serve as important evidence later. If there are witnesses, politely ask for statements or see if they’ll briefly describe what they saw (record on your phone, if possible). These details fade with time, so gathering evidence immediately is key. Also, note details like the exact location, time, weather conditions, and any observations (e.g. “other driver was texting” or “stoplight was out”). This documentation will help piece together what happened.
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Notify the Police and File a Report: If police have not yet arrived, call the local police department or Texas Department of Public Safety to report the accident (for example, Houston Police if you’re in the city). When officers arrive, they will make an official crash report if the law requires it (generally if there are injuries or property damage over $1,000). Be truthful and stick to the facts when giving your statement. If for some reason police cannot come to the scene, you may need to file a report after the fact. (In Texas, officers typically handle the report; drivers formerly used a “Blue Form” CR-2 for self-reporting, but TxDOT no longer requires Form CR-2 submissions from individuals.) Either way, ensure an accident report is filed, as this will be important for any insurance claims.
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Inform the Rental Car Company: Call the rental car company’s emergency number as soon as you can to report the accident. Nearly all rental agreements require you to notify them of any crashes promptly. Follow their instructions – they may arrange towing or a replacement vehicle. Importantly, do not sign anything from the rental company or accept blame. Simply inform them of the facts. The rental company will likely have its own process for damage assessment. If you purchased rental car insurance or a collision damage waiver, that will be handled later – for now just make the report. If you did not buy extra coverage, your personal insurance may cover the damages (more on that below).
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Seek Medical Attention, Even if Unsure: If you didn’t require emergency treatment at the scene, it’s still wise to see a doctor soon after the accident. Some injuries (like whiplash or concussions) may not show symptoms immediately. Prompt medical evaluation protects your health and creates documentation linking any injuries to the accident. This is important for a potential injury claim. Follow all medical advice and keep records of doctor visits, as these will help if you pursue compensation for medical bills later.
By following these steps, you fulfill your legal duties and lay the groundwork for any claims. It also ensures your well-being is protected. Once the immediate aftermath is under control, the next big question is: Who is liable and who pays for the damages in a Texas rental car accident?
Understanding Liability in Texas Rental Car Accidents
Liability simply means legal responsibility for the accident. Texas is an “at-fault” state for car accidents, which means the driver who caused the crash (and their insurance) is responsible for paying damages. Determining fault in a rental car accident follows the same principles as any auto accident in Texas – it hinges on negligence. Here’s how liability and insurance typically play out:
- At-Fault Driver’s Insurance: In Texas, every driver is required by law to carry automobile liability insurance to cover any harm they cause. At minimum, a policy must provide $30,000 in coverage per injured person (up to $60,000 per accident) and $25,000 for property damagetxdmv.gov. If another driver hit your rental car and caused the accident, you would pursue a claim against that driver’s liability insurance. Their insurance should pay for your medical bills, lost wages, pain and suffering, as well as the damage to the rental vehicle. This is often called a “third-party claim.” In practice, the rental car company (or its insurer) may initially charge the damages to you or your insurance, but ultimately the at-fault driver’s insurer should reimburse those costs.
- Your Personal Insurance (or Rental Insurance): If you were the one who caused the accident while driving the rental, then your own auto insurance policy may cover the damages. Most Texas personal auto policies extend coverage to rental cars you drive, as long as the rental is for personal use and of a similar type to your insured vehicle. This means your liability insurance would step in to pay for the other party’s injuries or vehicle damage, just as if you were driving your own car. If you have collision coverage on your policy, it may also cover damage to the rental car itself (typically minus your deductible). Alternatively, if you purchased the rental car company’s insurance or a collision damage waiver, that coverage would apply to the rental car’s damage. Always report the accident to your insurer ASAP (Texas law expects you to “inform your insurance company of a collision right away”). Let them know you were in a rental car. They will guide you on what coverage applies.
- Uninsured/Underinsured Situations: Despite Texas law, some drivers unfortunately carry no insurance or not enough. If the other driver was at fault but uninsured (or if it was a hit-and-run), you could turn to uninsured motorist (UM) coverage on your own policy, if you have it. Texas insurers must offer UM coverage (and Personal Injury Protection), though you can reject it in writing. This coverage can pay for your injuries and the rental car damage when the at-fault party can’t. Similarly, underinsured motorist (UIM) coverage can cover the gap if the at-fault driver’s policy limits aren’t high enough to fully compensate your losses. If you did not have these coverages, a knowledgeable attorney can help explore other avenues, such as the at-fault driver’s assets or other liable parties.
- Rental Car Company Liability: Generally, rental car companies are not automatically liable for accidents caused by their customers. Under federal law (the Graves Amendment), rental companies are shielded from vicarious liability simply because they own the vehicle. The exception would be if the rental company’s own negligence contributed – for example, renting out a car with known safety defects or failing to maintain the vehicle (which is rare). In most cases, the responsibility will lie with the drivers involved and their insurers. The rental company’s interest is in getting their car repaired; they typically won’t pay for your injuries or damages. However, they might provide liability coverage if you bought a supplemental liability policy at the counter. Always review your rental contract for details on coverage in case of an accident.
- Credit Card Coverage: If you paid for the rental with a major credit card, check whether your card benefits include rental car accident coverage. Many credit cards offer secondary coverage for rental car damage, meaning they might cover costs like your insurance deductible or other fees not covered by insurance. This usually applies to property damage to the rental car, not liability for injuries. It can be helpful for covering out-of-pocket expenses, but you typically must file through your primary insurance first. Keep receipts and documentation if you plan to use this benefit.
It’s important to remember that Texas follows a modified comparative negligence rule. This means each party’s share of fault matters. If you are found partially at fault for the accident, your compensation can be reduced by that percentage. However, you can still recover damages as long as you were not more than 50% at fault. For example, if you were 20% at fault (perhaps by braking a bit late) and the other driver was 80% at fault, you could recover 80% of your damages from the other driver’s insurer. If fault is disputed, it complicates the claims process – which is one reason having an attorney can be crucial, to ensure blame isn’t unfairly placed on you.
Challenges You Might Face After a Rental Car Accident
Dealing with a rental car accident can introduce some unique hassles on top of the usual post-crash stresses. Being aware of these challenges can help you prepare and avoid costly mistakes:
- Multiple Insurance Companies Involved: After a rental car crash, there may be several insurance companies in the mix – your auto insurer, the other driver’s insurer, and the rental car company’s insurer. Juggling communication with all of them can be overwhelming. Each may try to shift responsibility to the others. For instance, the at-fault driver’s insurer might delay accepting liability, while the rental company’s insurer might press you for payment for the car damage in the meantime. It’s easy for a victim to get the runaround. Keep detailed records of all communications. If you feel overwhelmed, remember that you have the right to have an attorney speak to these companies on your behalf so you don’t accidentally say something that could hurt your claim.
- Rental Car Company Policies and Fees: Rental companies often have clauses in the contract about accidents. They may charge your credit card for the damage to the vehicle, a deductible, or even for the “loss of use” of the car (income they lose while the car is being repaired). These charges can catch you off guard. If you weren’t at fault, their insurer should recover these costs from the at-fault party’s insurer – but that doesn’t always happen automatically. Do not simply pay whatever the rental company bills you without question. You can forward those bills to the at-fault driver’s insurance for reimbursement. A lawyer can also negotiate with the rental company to hold off on charges if liability is still under investigation. It’s also worth noting: if you bought a collision damage waiver, the rental company shouldn’t charge you for the vehicle damage or loss of use at all (that’s the point of the waiver). Know your rights under the contract, and don’t be afraid to push back or get legal help if a rental company is charging unfair fees.
- Disputes Over Fault or Coverage: Insurance companies may dispute who was responsible for the crash, especially if the police report is unclear or witness statements conflict. In a city like Houston with heavy traffic, accidents can quickly become he-said, she-said situations. Additionally, an insurer might claim that certain damages aren’t covered due to policy technicalities (for example, the other driver’s insurer might argue that your expensive premium rental car’s repair cost is above “reasonable” or that you violated the rental agreement). These disputes can delay your claim significantly. Having legal counsel can make a big difference in pushing back against unfair denials or delays. An attorney can help gather additional evidence – such as traffic camera footage or expert accident reconstruction – to prove fault and hold the correct party accountable.
- Injuries with Delayed Symptoms: As mentioned, some injuries don’t show immediate symptoms at the scene. It’s unfortunately common for accident victims to feel okay right after, only to develop serious pain or mobility issues days later (for example, back and neck injuries). The gap in treatment can give insurance adjusters an excuse to downplay or deny your injury, claiming it wasn’t caused by the accident. Always follow up with a doctor as soon as you notice any pain, and stick to your treatment plan. Document how you feel in the days and weeks after the crash. If you experience symptoms later, it’s not “too late” to link them to the accident – a medical professional can evaluate and provide an opinion that the injuries are accident-related. Don’t let an insurer intimidate you into settling too quickly before you know the full extent of your injuries.
- Out-of-Town or Tourist Complications: If you rented a car because you were visiting Texas (say, flying into Houston’s Bush Intercontinental Airport and renting a car), an accident can be logistically harder. You might be far from home, dealing with unfamiliar hospitals or repair shops. You may need to return home while the claim is still ongoing in Texas. Rest assured, Texas law still applies, and you can pursue claims even if you live elsewhere. However, you may need to return for certain matters or have a Texas-based attorney represent you. A local Houston attorney can handle court filings, communicate with Texas law enforcement for reports, and appear on your behalf, minimizing your need to travel back and forth. Likewise, if you’re a Texas resident dealing with an accident in a rental car out of state, you might have to navigate that state’s laws – but your Texas insurance policy and rights travel with you. In either scenario, consulting a lawyer can clarify your situation.
Every accident situation has its hurdles, but when a rental car is involved, you have added layers of contracts and insurance to sort through. The key is to stay organized and not hesitate to seek professional guidance. The next section explains how a qualified Texas car accident attorney can take on much of this burden for you, allowing you to focus on recovery.
How a Houston Car Accident Lawyer Can Help
Dealing with a rental car accident in Texas is overwhelming, but The Adley Law Firm is here to take the pressure off. Our experienced Houston attorneys handle every part of your case, from investigating the crash and gathering evidence to managing all insurance communications, negotiating with rental car companies, and calculating the full scope of your damages, including medical costs, lost income, and pain and suffering. We work on a contingency fee basis, meaning you don’t pay us unless we win for you, and we offer free consultations with bilingual support in English and Spanish. Let us fight for the compensation you deserve while you focus on healing.
