Rental Car Accident Lawyer in Massachusetts

Rental car accidents involve insurance layers that are often more complex than standard car accidents. Attorney Jeffrey C. Lavey identifies every available source of coverage for Massachusetts rental car accident victims. Free consultation. No fees unless we win.

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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

Is the rental company liable if their car had a mechanical defect that caused the accident?

Yes. The Graves Amendment does not protect rental companies from their own negligence in maintaining their fleets. If a brake failure, tire blowout caused by inadequate maintenance, or other mechanical defect in the rental vehicle contributed to the accident, the rental company is directly liable for the resulting injuries. Attorney Lavey has the vehicle inspected by a mechanical expert whenever a defect is suspected.

What if the at-fault rental car driver does not have their own auto insurance?

Many renters purchase the rental company’s supplemental liability protection precisely to cover situations where they have no personal auto insurance. If neither the driver’s personal insurance nor the rental company’s supplemental policy provides adequate coverage, your own uninsured or underinsured motorist coverage may apply. Attorney Lavey identifies all available coverage in every uninsured rental driver case.

Can I use my credit card rental coverage as a source of compensation for my injuries?

Credit card rental coverage is typically limited to collision damage to the vehicle itself, it is not personal injury coverage and does not typically compensate for bodily injuries sustained in an accident. Your personal injury claim must be pursued through the at-fault driver’s insurance or other applicable liability coverage.

What should I do at the scene of a rental car accident?

Call 911 and request police and medical response. Photograph the vehicles, the scene, and the visible injuries. Obtain the rental car driver’s driver’s license, rental agreement, and insurance information. Note the rental company name and vehicle identification number. Seek medical evaluation promptly. Contact Attorney Lavey before speaking with the rental company or any insurance representative about the accident.

Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney

Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 or Text (781) 938-1400 for a free consultation.

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