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When the rental company is and is not liable
Federal law, often called the Graves Amendment, generally protects rental and leasing companies from liability based only on owning a vehicle that a renter crashes. That covers moving trucks rented from companies like U-Haul, Penske and Budget. So in most cases the rental company is not the main target of your claim, even though its name is on the truck.
The exception is when the rental company did something wrong of its own, or committed a crime. A claim might look at the truck’s maintenance and repair history, for example, if a brake or tire problem caused the crash. Whether that applies depends on the facts. Our page on brake failure crashes explains how mechanical problems are proven.
Whose insurance pays
The renter’s own auto policy may or may not cover a rental truck, and the renter may have bought coverage at the counter. The answer depends on the policies and the facts, and a lawyer can check. If the renter was moving things for a business or working at the time, the employer is generally liable for crashes on the job in California (respondeat superior).
If the driver had little or no coverage, your own policy may help. California auto policies must include uninsured motorist coverage unless you rejected it or chose lower limits in writing (Insurance Code 11580.2). Read our pages on being hit by an uninsured driver and underinsured motorist claims for more.
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Why rental truck crashes happen
Many people renting a moving truck have never driven anything that size. The truck is tall, wide and slow to stop, with blind spots that a car driver is not used to. Common crashes include wide turns, sideswipes during lane changes, backing into cars and striking low clearances at gas stations and parking structures.
California law says a driver turning left must yield to oncoming traffic close enough to be a hazard (Vehicle Code 21801), and a driver must not follow more closely than is reasonable and prudent (Vehicle Code 21703). Those rules apply the same way whether the driver has handled trucks for years or picked one up that morning.
What to do now
Get medical care right away. Take photos of the truck, the rental company name, the truck number on the side or back, the plate and the damage. Ask the driver for their name, phone number, insurance and the rental contract if they have it. Get witness names and phone numbers, and write down the report number and claim numbers. Keep every receipt.
In California, a personal injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure 335.1). An uninsured motorist claim has its own two-year steps, so read the details if that applies (Insurance Code 11580.2(i)). In Washington, the general deadline is three years (RCW 4.16.080). Do not sign a release or give a recorded statement before talking to a lawyer.
- See a doctor and follow up
- Photograph the rental company name, truck number and plate
- Get the driver’s insurance and, if possible, the rental contract
- Tell your own insurer about the crash
- Do not sign a release or give a recorded statement yet
How we can help
Rental truck claims often turn into a back-and-forth between the renter’s insurer, the counter coverage and your own policy. We sort out which coverage applies, check whether the rental company or an employer shares responsibility, and handle the adjusters. Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win.
For rental cars, see rental car accidents. For box trucks used by movers and delivery companies, see box truck and moving truck accidents. You can also visit our California truck accident lawyer page or browse all accident questions for answers about medical bills and deadlines. If you are not sure which page fits, call us and ask.
Common questions
Is U-Haul liable if a renter hits me?
Generally not just because it owns the truck. Federal law protects rental companies like U-Haul, Penske and Budget from that kind of liability unless the company itself was negligent or committed a crime. The claim usually goes to the renter and their insurance, including any coverage bought at the counter.
What if the person who rented the truck has no insurance?
Your own uninsured motorist coverage may help. California auto policies must include it unless you rejected it or lowered it in writing. There are deadlines and steps for these claims within two years of the crash. A lawyer can check your policy and the renter’s coverage.
Does the renter’s car insurance cover a rental truck?
Sometimes. Some personal auto policies exclude larger trucks, and some renters buy coverage at the counter. The answer depends on the policies and the facts. Ask the renter for their insurance and the rental contract, and let a lawyer sort out which coverage applies.
Can I sue the rental company if the truck had bad brakes?
Possibly. The federal protection for rental companies does not apply when the company itself was negligent. If poor maintenance caused the crash, the repair and inspection records can show it. A lawyer should ask for those records and for the truck to be kept before it is fixed or rented again.
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Car and truck accident lawyer — Beverly Law
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
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
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.