Renting a car is straightforward until someone crashes into it. You may find yourself dealing with injuries, damage to a vehicle you do not own, and a rental contract full of insurance terms you have not read closely. Rental car accidents in Austin raise questions a normal wreck does not. With a rental company, your own insurer, and another driver all involved, who pays damages? Our car accident lawyer can answer your questions.
A rental crash almost always has at least one source of compensation, and often more than one. However, you may find it difficult to know which policy applies and how the rental company fits in. Legal guidance from our firm can help you make sense of your options and form a clear plan for your recovery.
A collision in a rented car in Austin can involve several confusing layers of coverage. When another driver is at fault, the claim usually begins with their liability insurance. If that is not enough, your own auto policy can apply, offering other coverage options. Compensation can come from several sources, such as:
Which policy pays first can determine how much money is available for your medical bills, and we will review every policy to ensure we do not miss anything that can help you.
Many people assume they can sue the rental company because it owned the car. Usually, that is not true. A federal law known as the Graves Amendment, found in 49 United States Code § 30106, stops you from holding a rental company responsible just because one of its cars was involved in a crash.
There is an important exception. The rental company can still be liable when its own carelessness contributed to the wreck, such as renting out a car with bad brakes or worn tires, or handing the keys to someone clearly drunk or unlicensed. When that happens, an Austin accident claim can include the car rental company. We can investigate the cause of the accident to learn if the company shares the blame.
State law gives you a limited time to act. The law allows two years to file after a rental car crash, according to Texas Civil Practice & Remedies Code § 16.003. Waiting too long can cost you the right to recover anything, so it is important to start early while evidence such as the rental agreement and camera footage still exists.
Fault matters too. Tex. Civ. Prac. & Rem. Code § 33.001 reduces your compensation by your share of the blame and blocks recovery entirely if you are found more than 50 percent at fault. Insurance companies know this rule and will often try to shift the fault onto you. With more than 30 years of experience and board certification in personal injury law from the Texas Board of Legal Specialization, our Austin team knows how to push back and protect what your rental car crash claim is worth.
Rental car accidents in Austin often open more than one path to compensation, and knowing how to use each one can make a difference in your recovery. Call Fleming Law Accident & Injury Attorneys today for a free consultation and let us handle the insurance companies while you focus on getting better.
(713) 221-6800 