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If someone driving a rental car hit you
Under the federal Graves Amendment, a rental or leasing company is generally not liable just because it owns a car that a renter crashes, unless the company itself was negligent or committed a crime. So your claim usually runs against the driver and the insurance that covers them, such as the renter’s own auto policy or liability coverage bought from the rental company.
The rental company’s own negligence is a different matter. Examples might be renting out a car with known brake problems or ignoring an open safety repair. Those claims depend on the facts and the evidence. Get the rental agreement number from the driver and photograph the car’s plate and any barcode stickers on the windows.
If you were driving the rental
If another driver caused the crash, their liability insurance should pay for your injuries, as in any other crash. If that driver has no insurance or too little, your own policy’s uninsured motorist coverage may apply depending on its terms (Insurance Code 11580.2). MedPay, if you bought it, pays reasonable medical expenses up to your limit regardless of fault (California Department of Insurance).
Damage to the rental car itself is between you, your insurer, any credit card benefits and the rental company. Read your rental contract and any coverage you accepted or declined at the counter. Report the crash to the rental company right away, and keep their claim number separate from your insurance claim number so the two do not get mixed up.
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Business trips and rideshare rentals
If the renter was driving for work, their employer is generally liable for crashes within the scope of employment (CACI 3700), and the employer’s insurance may apply. Some rideshare drivers use rented cars. If an Uber or Lyft driver in a rental hit you, rideshare insurance rules may apply; see rideshare driver between rides.
Moving trucks and box trucks from rental companies raise the same ownership question, and the Graves Amendment covers rental and leasing companies generally. For those crashes, see rental truck accidents. Cars borrowed from friends or family work differently, because California’s owner liability rule applies to people who lend their own car (Vehicle Code 17150): see accidents in a borrowed car.
Fault and deadlines
California uses pure comparative fault: if you share blame, your damages are reduced by your share but not barred (Li v. Yellow Cab Co.). A rental driver may be far from home and unfamiliar with local roads, and an adjuster may raise that either way. Evidence from the scene, including photos and witness names, matters as much here as in any crash.
Deadline: an injury lawsuit in California generally must be filed within two years (Code of Civil Procedure 335.1), and a property damage suit within three years (Code of Civil Procedure 338(c)(1)). In Washington, the injury deadline is generally three years (RCW 4.16.080). Rental drivers may live far away, so start the claim early while they can still be reached.
What to do now
Photograph the rental car, its plate and any rental company stickers. Get the driver’s name, license, home address, phone number, personal insurance and the rental agreement number. Call police if anyone is hurt. See a doctor and keep receipts for medicine, rides and missed work. Write down each claim number and adjuster name.
Do not sign forms from the rental company or any insurer, and do not give a recorded statement, before you talk to a lawyer. Call Beverly Law at (310) 552-6959 or use the form on this page, and we can track down the right policy and deal with the rental company for you.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
Is the rental company responsible if a renter hits me?
Generally not just for owning the car. The federal Graves Amendment shields rental and leasing companies unless the company itself was negligent or committed a crime. Your claim usually goes to the renter and whatever insurance covers them, including any liability coverage bought at the counter.
Does my car insurance cover a rental car accident?
Many personal auto policies extend some coverage to rental cars, but it depends on your policy. Check your declarations page and call your agent. Also check any coverage you bought at the counter and any benefits from the credit card you used to pay for the rental.
What if the renter has no insurance?
Liability coverage bought at the rental counter may apply. If not, your own uninsured motorist coverage may pay for your injuries. In California, that claim requires suing, settling or starting arbitration within two years. See hit by an uninsured driver.
Who pays if I crash a rental car and get hurt?
If another driver caused it, their insurance should pay your injury claim. If you caused it, your MedPay, health insurance and any personal accident coverage you bought may help. Damage to the rental car depends on your policy and any coverage you accepted at the counter.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- 49 U.S.C. § 30106(a)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Veh. Code §§ 17150, 17151(a)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 338(c)(1)
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.