What to Do After an Accident Involving a Rental Car in Washington

Auto accidents happen every day. According to the Washington State Department of Transportation, Seattle alone experienced almost 3,000 auto accidents in just the first nine months of 2024. That doesn’t include other cities like Tacoma, Olympia, Yakima, or Spokane.

Accidents are stressful enough, but when a rental car is involved, things can get pretty complicated. In Washington, dealing with liability, insurance coverage, and rental car companies can be incredibly challenging. If you’re wondering how to handle this type of accident or what your rights are, this guide breaks it down step by step.

Who’s liable in a rental car accident?

The person who causes the auto accident is the one held liable. Note: “liability” is the legal responsibility of a driver who is deemed at fault for causing the accident. It’s also important to understand that Washington is not a no-fault state. Instead, each party is accountable for their role in the accident.

For instance, if you rear-ended another driver and there were no other mitigating factors, chances are good that you would be the one liable. However, if the accident happened because the other driver’s taillights or brake lights weren’t working properly, you may not be solely at fault.

The same rule applies to rental car accidents. The person driving the rental car is usually the one held liable for any accidents they cause.

But it’s not always that simple. Different factors can affect your level of responsibility in the accident. Here’s how liability typically shakes out:

• The driver’s personal insurance: If you’re driving a rental car and cause an accident, your personal auto insurance will usually cover damages up to your policy limits. However, this isn’t always the case. Always double-check that your personal policy covers accidents while driving a rental car.
• Rental car insurance: If you purchased additional coverage from the rental agency, like a collision damage waiver or supplemental liability insurance, those policies kick in. If your personal policy doesn’t include rental car coverage or doesn’t meet the liability requirements, it’s important to purchase supplemental liability insurance through the rental car company.
• The other driver: If someone else caused the accident, their insurance should cover the damages. However, you may face some challenges here, including uninsured motorists and underinsured motorists.

While that seems pretty straightforward, disputes over fault or inadequate insurance coverage can complicate things, which is where a car accident lawyer comes in.

What if the driver’s insurance isn’t enough?

One major issue with rental car accidents is that insurance coverage might not fully cover the damages. Let’s say you only have the state minimum liability coverage ($25,000 for bodily injury per person). It doesn’t take long for that to be exhausted, especially if the accident was serious.

This is why many rental car agencies push their insurance options. While these add-ons can feel like an unnecessary expense and are usually pretty costly, they often fill gaps in your coverage.

Can the rental car company be held liable?

In most cases, rental car companies are not directly liable for accidents involving their vehicles. The driver is usually the one held liable.

However, there are some very specific situations that might mean your rental car company has at least some degree of responsibility. Federal law shields them unless:

1. The car was poorly maintained. If a mechanical issue like faulty brakes caused the accident, the rental company could be at fault. The problem is that you need to prove that the mechanical issue caused the accident and then that the rental car company was negligent when it came to vehicle maintenance and repairs.
2. They rented to an unqualified driver. If the agency failed to check the driver’s license or ignored red flags, they might share liability. Those might include being underage, having an expired license, and more. In this case, both the driver and the rental car company would have a share of responsibility.

A car accident lawyer can help you investigate whether the rental agency bears any responsibility for the crash.

Steps to take after a rental car accident

If you’ve been in an accident involving a rental car, here’s what to do:

1. Check for injuries. Health and safety should be your first priority. Call 911 if anyone is hurt.
2. Document the scene. Take photos of the vehicles, license plates, and accident site. These can give your attorney a lot of important information and help support your case.
3. Exchange information. Get contact and insurance details from the other driver. Get the names and contact information for any witnesses, too.
4. Contact the rental company. Let them know about the accident as soon as possible. Chances are good that they will verify your insurance information again (they should have done this initially when you picked up the rental car).
5. Notify your insurer. Your personal insurance needs to know about the crash to process any claims. You’ll likely need to provide your insurer with information about the car rental company since they own the vehicle.

Car accident claims can be slow-moving, even when there are no or only minor injuries. Ask your insurer what to expect, and the representative should be able to give you a rough timeline.

Why you need a car accident lawyer

Accidents involving rental cars often come with more red tape than regular car accidents. You might deal with:

• Confusion over who’s responsible for covering damages
• Aggressive insurance adjusters
• Rental car companies trying to pass the buck

A car accident lawyer can cut through this complexity. From negotiating with insurance companies to investigating liability, they can help prevent you from having to pay for someone else’s mistake.

When you rent a car, the last thing you expect is to end up in a crash. But if it happens, you’ve got options and rights. The right attorney can offer guidance, support, and legal representation. If you’ve been involved in a rental car accident, get in touch with us today to schedule your free case evaluation.