Rental Car Accident in Arizona

Written by collingmedia on November 7, 2024

Immediate Steps After the Accident

After an accident in a rental car, the first thing is to follow the same steps like any other car accident – first prioritize everyone’s safety that was involved. For any apparent injuries, call 911 for medical assistance. Then, move the cars to a safe location if possible to prevent further accidents. You’ll need to report the accident to the police, this is invaluable for protecting the involved parties and against fraudulent claims in the future. It can also be helpful to gather evidence if possible with pictures and videos. Having evidence of the vehicles involved, the damages sustained, traffic signs, skid marks, road obstructions, or visible injuries. Thoroughness is your ally.

Contact the Rental Company

As soon as you are able, contact the rental car company to inform them about the accident. Most rental companies provide a 24/7 helpline for such emergencies. Reporting the accident promptly can help initiate the claims process and inform you of any specific steps they require, such as bringing the car to a designated inspection location.

The rental car company will likely ask for your version of the events, copies of the police report, and photos of the damage. Some rental agreements may have clauses detailing how quickly an accident must be reported to avoid penalties or additional charges, so it’s essential to act promptly.

Notifying Your Insurance Provider

If you opted for rental car insurance, contact the insurance provider to report the accident. If you’re relying on your personal auto insurance, notify your insurer as well. Your insurance agent can guide you through the next steps, which may include submitting documentation, filing a formal claim, and understanding your coverage limits. In some cases, your credit card company may also provide insurance coverage if you used it to book the rental.

Determining Fault in a Rental Car Accident

Arizona follows a fault-based system for car accidents, which means that the driver responsible for causing the accident is typically held liable for damages. Understanding how fault is assessed and what factors influence this determination can help protect your interests and streamline the claims process.

Arizona’s At Fault Laws

Arizona operates under a comparative negligence system, which means that more than one party can share the blame for an accident. If you are found partially responsible for a collision, your compensation may be reduced by your percentage of fault. For instance, if you are deemed 20% at fault, any claim you make may be reduced by that percentage.

This framework encourages thorough investigation and documentation, as each driver’s role in the accident needs to be accurately represented to determine liability.

Common Car Accident Scenarios and the Fault Implication

Certain types of accidents often follow general patterns in determining fault. For example:

Rear-End Collisions: Typically, the driver in the rear is presumed at fault unless evidence shows that the driver in front made a sudden and unreasonable maneuver.
Left-Turn Accidents: The driver making a left turn is usually at fault if a collision occurs with an oncoming vehicle. However, exceptions exist if the oncoming vehicle was speeding or ignored traffic signals.
Intersection Accidents: Fault can be more complex in intersection crashes, as right-of-way rules, signal compliance, and witness testimony can all contribute to the final determination.

Who Takes Care of Damages to a Rental Car in an Accident

Determining who is responsible for covering the damages after a rental car accident can be complicated, involving rental agreements, insurance policies, and state laws. Understanding how these elements interact can help you better navigate the process and minimize your financial liability.

Overview of Rental Car Company Policies

Rental car companies typically outline damage liability in their rental agreements. This agreement specifies who is responsible for paying for damages if the car is involved in an accident. Most rental companies require that the renter report any accident promptly and may have specific guidelines regarding how and where the damaged vehicle should be assessed or repaired.

Rental companies often inspect their vehicles post-accident to evaluate the extent of the damage. Depending on the situation and whether you complied with their procedures, you could be responsible for some or all of the repair costs. Failure to report the accident in a timely manner could result in additional charges or violations of the rental contract.

Liability of the At-Fault Driver’s Insurance

In Arizona, the at-fault driver’s insurance is typically responsible for covering damages to your rental car. This follows the state’s fault-based insurance system, where the liable party compensates for injuries and property damage resulting from the accident. If the other driver is found to be at fault, their insurance should cover the repair or replacement costs of your rental car, as well as any associated expenses like loss-of-use fees charged by the rental company.

After an accident, you should immediately exchange insurance and contact information with the at-fault driver. This will be crucial for filing a claim with their insurance company.

The Renter’s Responsibility for Damages

As the driver of the rental car, your liability for damages largely depends on the type of coverage you selected when renting the vehicle and whether you have personal or supplemental insurance. If you opted out of additional coverage at the time of rental, you could be liable for repair costs and any loss-of-use fees the rental company incurs while the car is being repaired. These fees compensate the company for the revenue lost because the car is out of service.

Steps to Follow if You’re Responsible for Damages

If you find yourself liable for the damages, follow these steps:

Contact Your Insurance Provider: Notify them of the accident and confirm the coverage limits and process for filing a claim.
Work with the Rental Company: Cooperate with the rental company’s accident department and provide any requested information, such as the police report or insurance details.
Review Your Credit Card Benefits: If applicable, check the details of your credit card’s rental insurance to see what costs it covers and how to file a claim.
Prepare for Potential Out-of-Pocket Costs: Understand what expenses you may need to cover upfront and how to seek reimbursement from your insurance provider.

Types of Insurance Coverage for Rental Cars

Understanding the types of insurance coverage available for rental cars is essential for protecting yourself in the event of an accident. Whether you’re renting a vehicle for business, leisure, or daily use, knowing your coverage options can help you avoid significant out-of-pocket expenses.

Collision Damage Waiver (CDW)

A Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) is not technically insurance but an option offered by rental car companies to reduce your financial responsibility if the rental car is damaged or stolen. By purchasing a CDW/LDW, you can avoid paying out-of-pocket for repair costs or the value of the car in the event of significant damage.

Liability Insurance

Liability insurance covers the costs associated with damages you may cause to other drivers, vehicles, or property while driving the rental car. Most states, including Arizona, require a minimum level of liability coverage. While rental companies typically provide this minimum coverage, it’s often very basic and may not be enough to fully protect you in a serious accident.

Personal Accident Insurance (PAI)

PAI covers medical expenses for you and your passengers in the event of an accident. This type of insurance can be beneficial if you don’t have comprehensive health insurance or if your existing policy has significant gaps. It ensures that costs for emergency services, hospital stays, and medical treatments are covered.

Keep in mind that if you already have robust health insurance or personal injury protection (PIP) as part of your auto policy, PAI might be redundant. Reviewing your existing policies before deciding on additional coverage will help you make an informed choice.

Personal Effects Coverage

Personal Effects Coverage protects your belongings in case they are stolen from or damaged within the rental car. If you’re traveling with valuable items such as laptops, cameras, or other electronics, this coverage can provide added security. However, it’s essential to verify your existing homeowner’s or renter’s insurance policy, as these might already include similar protections.

Your Personal Auto Insurance

Your existing personal auto insurance policy may extend coverage to rental cars, particularly if you have comprehensive and collision coverage. This can include repairs for damage, liability for third-party injuries or property damage, and coverage for uninsured/underinsured motorists. Before renting a car, check with your insurance provider to understand how much coverage you have and whether any deductibles would apply.

Rental Car Accident Lawyer in Arizona

Dealing with the aftermath of a rental car accident can be stressful and complicated, especially when navigating insurance claims, determining fault, and covering damages. Understanding your rights and responsibilities can make the process more manageable and help protect your financial well-being. However, expert guidance is essential to ensure your case is handled correctly and that you receive the compensation you deserve. At Brad Johnson Injury Law, we are committed to helping you every step of the way. Contact us today for a free case evaluation and let our experienced team support you through this challenging time. Don’t navigate this process alone—reach out now and take the first step toward resolving your case confidently and effectively.