Rental Car Accident Lawyer in Massachusetts

Rental Car Accident Insurance: More Layers Than You Think

When an accident involves a rental car, the insurance picture is often more complex than a standard two-car accident. Depending on the circumstances, the at-fault driver’s personal auto insurance, the rental company’s insurance, the renter’s credit card collision coverage, and the renter’s own auto insurance may all be relevant. Attorney Jeffrey C. Lavey has handled rental car accident cases throughout Massachusetts for over 37 years and knows exactly how to analyze which coverage applies and in what order.

When a Rental Car Driver Is At Fault

If a driver of a rental vehicle causes an accident that injures you, your claim is primarily against the at-fault driver. The driver’s personal auto insurance is typically the first source of coverage. If the driver purchased the rental company’s collision damage waiver and supplemental liability protection, that rental company policy may provide additional coverage. Federal law, the Graves Amendment, generally protects rental companies from direct liability for accidents caused by renters, but there are exceptions when the company was independently negligent, for example by renting to a driver with a suspended license.

When You Are in the Rental Car That Is Struck

If you are a passenger or driver of a rental vehicle that is struck by another driver, your claim proceeds against the at-fault driver through the same channels as any car accident claim. The rental company’s collision damage waiver covers physical damage to the rental vehicle itself but does not typically provide personal injury coverage for occupants. Your personal injury claim is against the at-fault driver’s auto insurance.

The Graves Amendment and Rental Company Liability

The federal Graves Amendment generally shields rental car companies from vicarious liability for accidents caused by their renters. However, the rental company may still be liable for its own negligence, renting a vehicle with known mechanical defects, failing to maintain the vehicle, or renting to a driver who clearly should not be driving. Attorney Lavey evaluates whether any Graves Amendment exception applies in every rental car accident case.

Your Own Auto Insurance in Rental Car Accidents

Your personal auto insurance typically extends coverage to rental vehicles in the same state as your registered vehicle, including liability and uninsured motorist coverage. If you carry uninsured or underinsured motorist coverage and the at-fault driver’s insurance is insufficient, your own policy may provide additional compensation. Credit card rental coverage is typically secondary and applies primarily to vehicle damage. Attorney Lavey analyzes all applicable policies in every rental car accident case.

Frequently Asked Questions