Accidents are always stressful, but when a rental vehicle is involved, the situation can quickly become even more complicated. Whether you’re visiting from out of town, on a business trip, or just using a rental while your own car is in the shop, a collision in a rental vehicle can leave you unsure of exactly what to do—legally, medically, and logistically.

That’s where a car accident lawyer can make all the difference. An experienced attorney can help you navigate the confusing web of insurance, liability, and legal obligations that often arise with rental car accidents.

Let’s walk through the critical actions to take immediately after the crash, your rights and responsibilities, and how a car accident lawyer can help protect you from unnecessary financial or legal trouble.

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Step One: Check for Injuries and Call for Help

The first and most important step after any accident is to make sure everyone is safe. Check yourself and any passengers for injuries. If anyone is hurt, call 911 right away. Even if injuries seem minor, don’t try to drive yourself to the hospital; wait for emergency responders.

If the accident is minor and no one is seriously injured, you should still call the local police department. In Georgia, you are required to report a car accident if there are injuries, fatalities, or more than $500 in property damage, and nearly every rental car crash will meet that threshold.

Request a police report. This official documentation will be important not just for insurance purposes, but also for proving what happened later on if there’s a dispute over who’s at fault.

Step Two: Stay Calm and Collect Evidence

In the moments after a crash, it’s common to feel shaken or panicked. Take a few deep breaths. Staying calm will help you think clearly and avoid saying anything that could unintentionally hurt your claim or imply fault.

Then, start gathering as much evidence as possible. This can include:

  • Photos of the scene: Get pictures of all vehicles involved, damage from multiple angles, license plates, skid marks, traffic signals, and road conditions.
  • Driver information: Exchange contact and insurance information with the other driver(s), including names, phone numbers, driver’s license numbers, and vehicle registration details.
  • Witness statements: If there were any bystanders who saw what happened, ask for their names and phone numbers. Their accounts could be valuable in proving fault.
  • Rental documents: Keep a copy of your rental agreement, any coverage you accepted, and correspondence with the rental company.

Be polite and cooperative, but don’t apologize or admit fault, even if you think you might have contributed to the accident. There may be factors you’re unaware of, and fault should be determined by a thorough investigation.

Step Three: Notify the Rental Car Company

After taking care of immediate medical needs and speaking with law enforcement, contact the rental car company as soon as possible. Most companies have a 24-hour accident hotline for this very purpose. Provide them with the accident details and follow their instructions carefully.

Depending on the terms of your rental agreement, the company may ask you to complete an incident report or bring the damaged vehicle to a specific location. They will also likely begin their own internal investigation.

Be honest and thorough in your report, but again, avoid admitting fault. Simply describe what happened and provide any supporting documentation you’ve collected.

Step Four: Understand Your Insurance Coverage

This is where rental car accidents can get confusing. There are usually several layers of insurance potentially in play, and it’s important to understand what each one covers:

1. Your Personal Auto Insurance

If you have your own car insurance policy, it may extend to cover a rental vehicle. Most personal policies in Georgia will cover rental cars under the same terms as your regular vehicle, but it depends on your insurer and the type of coverage you carry.

Call your insurance company as soon as possible to inform them of the accident. They will help you determine what’s covered, including liability, collision, and comprehensive damage.

2. Rental Car Company Coverage

When you rented the car, you were likely offered additional coverage options. These may include:

  • Collision Damage Waiver (CDW): Waives your financial responsibility if the rental car is damaged or stolen.
  • Liability Insurance Supplement (LIS): Provides additional liability coverage for damages or injuries to others.
  • Personal Accident Insurance (PAI): Covers medical costs for you and your passengers.
  • Personal Effects Coverage (PEC): Reimburses for stolen belongings.

If you accepted any of these coverages, they could reduce or eliminate your out-of-pocket costs.

3. Credit Card Rental Car Insurance

Some major credit cards offer rental car insurance if you use the card to pay for the rental and decline the rental company’s insurance. This coverage usually acts as secondary insurance, stepping in to cover costs not handled by your primary insurer.

However, credit card coverage typically only applies to damage to the rental car, not liability for injuries or damage to others. Be sure to review your card’s policy or call the issuing bank to confirm what’s covered.

Step Five: Be Prepared for Extra Charges

Unfortunately, accidents in rental cars can trigger a range of extra costs that don’t normally apply in a standard car accident. These may include:

  • Loss of use fees: The rental company may charge you for the income they lose while the vehicle is out of service.
  • Administrative fees: You may be billed for paperwork, investigation, or processing time.
  • Diminished value claims: If the car’s value drops as a result of the damage, the rental company might charge you for that loss.

If you have CDW coverage, these charges may be waived, but not always. Some personal auto policies or credit card coverages will also pay for these costs, but you’ll need to check the fine print.

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Step Six: Seek Medical Attention and Follow Up

Even if you don’t feel injured immediately after the crash, it’s wise to see a doctor within 24 to 48 hours. Some injuries, like whiplash or soft tissue damage, may not show symptoms right away. Having a medical evaluation on record not only protects your health, it also strengthens your claim.

Be sure to follow all recommended treatments and keep documentation of your medical visits, prescriptions, and any time missed from work. These records will be critical if you pursue compensation later.

Step Seven: Know When to Call a Personal Injury Lawyer

Rental car accidents often involve a complicated web of liability, insurance coverage, and legal responsibilities. If you were injured, it’s especially important to understand your rights and the full value of your claim.

A qualified personal injury attorney can:

  • Investigate the accident and determine fault
  • Communicate with insurers and the rental company
  • Help you understand your coverage and legal options
  • Ensure you receive compensation for your injuries, lost wages, and other damages

Trying to handle all of this alone while healing from injuries can be daunting. Legal guidance gives you peace of mind and can make a big difference in your financial recovery.

Common Mistakes to Avoid After a Rental Car Accident

When you’re in an unfamiliar vehicle and possibly in an unfamiliar location, it’s easy to make missteps after a crash. But avoiding these common mistakes can protect your health, your finances, and your legal rights.

  • Delaying Medical Treatment

As mentioned earlier, waiting too long to seek medical care can hurt your injury claim. Insurance companies may argue that your injuries weren’t serious—or that they weren’t even caused by the accident. Always err on the side of caution and get checked out right away.

  • Not Reporting the Accident

Even if the accident seems minor, failing to notify the rental company, your insurer, or the police can lead to serious issues later. The rental company could accuse you of violating the rental agreement, and you may lose access to important insurance protections.

  • Assuming Insurance Will Cover Everything

Don’t assume that just because you have insurance (or bought some at the rental counter) that you’re in the clear. Each policy—personal, rental company, credit card—has limitations, exclusions, and fine print. It’s vital to understand what is and isn’t covered, or you could be on the hook for thousands in damages.

  • Admitting Fault

Avoid saying anything like “I’m sorry” or “It was my fault” at the scene or in later conversations. Even well-meaning comments can be twisted and used against you during settlement negotiations or legal proceedings.

  • Signing Documents Without Legal Review

You may be asked to sign accident reports or insurance documents after the crash. While some forms are routine, others may contain language that limits your ability to seek compensation. Before signing anything related to fault, liability, or settlements, it’s best to consult an attorney.

Who Can Be Held Liable in a Rental Car Accident?

Rental car accidents introduce a unique mix of potential defendants—beyond just the drivers involved. Determining who is financially responsible depends on the details of the case:

Rental car accident liability being reviewed; lawyer prepares documents while calculating damages and insurance responsibilities.

Another Driver

If another driver caused the accident through negligent behavior (speeding, distracted driving, running a red light), their insurance is typically responsible for your medical expenses, property damage, and other losses.

The Rental Car Driver

If you were driving the rental and are found at fault, your personal auto insurance—or supplemental coverage—may be liable for damages. If you were a passenger, you may be able to recover damages from the driver’s insurance.

The Rental Car Company

Under federal law (49 U.S. Code § 30106), rental car companies generally aren’t held liable for accidents simply because they own the car. However, if the company was negligent, such as renting out a poorly maintained or defective vehicle, they could be held responsible.

The Car Manufacturer

If the crash was caused by a mechanical failure, defective part, or recall issue, you may have a product liability claim against the vehicle’s manufacturer or distributor.

Government Entities

In some cases, hazardous road conditions, poor signage, or malfunctioning traffic signals may contribute to an accident. If a government agency’s negligence was a factor, you may have a right to pursue a claim against them, but these cases follow very specific procedures and timelines.

Understanding Georgia’s Fault-Based System

Georgia is an “at-fault” state when it comes to car accidents. This means that the person who caused the crash is responsible for paying the damages, typically through their insurance.

Additionally, Georgia follows a modified comparative negligence rule. If you are partially at fault for the accident, you can still recover compensation, as long as you were less than 50% responsible. However, your compensation will be reduced by your percentage of fault.

For example, if you’re awarded $100,000 in damages but found to be 20% at fault, your total compensation would be reduced to $80,000.

This rule makes it even more important to have a strong legal advocate who can clearly demonstrate the other party’s responsibility and protect you from unfair blame.

What Damages Can You Recover After a Rental Car Accident?

If you’re injured in a crash while driving a rental vehicle, you may be entitled to compensation for a wide range of losses, including:

  • Medical expenses (emergency care, surgery, rehab, medications)
  • Lost wages (time missed from work, lost earning potential)
  • Property damage (to your personal belongings)
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability or disfigurement

If your case involves gross negligence, recklessness, or intentional harm, you may also be able to pursue punitive damages to punish the wrongdoer and deter similar behavior.

When to Involve a Lawyer

Some rental car accidents are simple fender benders with minimal damage and no injuries. But when serious injuries, disputed liability, or multiple insurance companies are involved, trying to manage everything on your own can be risky.

You should contact a personal injury lawyer if:

  • You were injured in the accident
  • The insurance company is denying or delaying your claim
  • The rental company is demanding payment for damages
  • There is confusion about which insurance coverage applies
  • You’re being blamed for the crash
  • You’ve suffered significant financial losses

Legal representation can make the difference between a lowball settlement and a full financial recovery. It ensures your rights are protected and that you don’t get taken advantage of by powerful corporations or insurance companies.

We’re Here to Help When the Road Gets Rough

At the Hawk Firm in Augusta, Georgia, we understand how chaotic and uncertain life can feel after a rental car accident. The insurance claims, the finger-pointing, the mounting medical bills. It’s a lot to handle, especially when you’re trying to recover physically and emotionally.

That’s where we come in.

Since 1984, we’ve been fighting for injury victims across Georgia with skill, strategy, and tenacity. Our seasoned legal team—led by veteran trial attorney Jacque Hawk and rising leader Erin Hawk—is known for delivering results. We don’t just accept the first offer. We push for every penny our clients deserve.

We will:

  • Conduct a thorough investigation of your rental car accident
  • Handle all communication with insurers and rental companies
  • Guide you through complex insurance and liability issues
  • Fight for the maximum compensation for your injuries and losses

Our personal injury lawyers treat every client with respect, transparency, and fierce loyalty. You’re not just another case file. You’re a person who deserves justice, peace of mind, and a clear path forward.

Whether your accident happened in Augusta, the CSRA, or anywhere in Georgia or South Carolina, we’re ready to stand by your side. You’ve been through enough. Let us take the weight off your shoulders and help you move forward. Contact us today at (706) 429-5529 or through our online form for a free consultation to learn how we can help you.

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