Getting into a car accident is never fun, and it’s even more complicated when you’re driving a rental car. In Southern California, where millions of rental cars are used by tourists, business travelers and residents every year, these accidents are more common than you think. Knowing what to do immediately after the crash and in the days that follow can protect your health, your finances and your legal rights.
At Steinberg Injury Lawyers, we often represent clients who were injured while driving rental cars in Southern California. If you’re here on vacation or using a rental while your own car is being repaired, here’s what to do.
Step 1: Safety First
After any accident, safety is your first priority. Move your vehicle to the side of the road if possible. Turn on hazard lights and check everyone involved for injuries. If anyone is hurt, even slightly, call 911.
Emergency services will create a police report which is an official record of the accident. This report will be crucial in any legal or insurance dispute. Even if the crash seems minor, it’s still important to get checked by medical professionals. Injuries like whiplash, concussions and internal trauma can take hours or days to show symptoms.
Step 2: Assess the Car Damage and Gather Evidence on the Scene
Start documenting everything as soon as it’s safe to do so. Use your phone to take photos of:
- Damage to both vehicles
- Skid marks or debris on the road
- The surrounding area, including intersections and signage
- Any visible injuries
- The other driver’s license plate and insurance card
Also get names and contact information from any witnesses. Their account may support your version of events and be useful if the case ends up in litigation.
If the police are present, ask how to get a copy of the official report. In California, these are usually available through the responding agency within a few days.
Step 3: Notify the Rental Company Right Away
Every rental agreement has rules about what to do in the event of an accident. Typically you’re required to report the crash to the rental car company as soon as possible. Provide the rental company with all the information, including the police report number, photos and a brief written summary of what happened. Keep copies of everything. If the vehicle is undrivable, they will tell you whether to return it or arrange for a tow.
Failure to report the accident promptly may be considered a breach of the rental contract and could impact your coverage options.
Step 4: Review All Available Insurance Coverage
One of the most confusing aspects of rental car accidents is who pays what. Multiple layers of insurance may apply:
- Your personal auto insurance
- The rental car company’s insurance
- Credit card benefits (if you paid for the rental with a card that offers protection)
- The at-fault driver’s insurance
According to the Insurance Information Institute, 87% of insured drivers in the U.S. carry liability coverage but policy limits vary widely.
Many rental companies offer collision damage waivers or supplemental liability insurance. If you accepted these at the time of rental, they may protect you from having to pay out of pocket. But if you declined coverage, your own insurance company may have to absorb the costs.
California law requires drivers to carry minimum liability insurance but these minimums may not be enough to cover major damage or injuries. Additionally rental cars may not be covered under your policy’s standard terms especially if you’re traveling out of state or renting for business use.
Step 5: Contact a Car Accident Lawyer
The biggest mistake people make after a rental car crash is assuming insurance will automatically take care of everything. Unfortunately that’s rarely the case.
Insurance companies will deny claims, shift blame or undervalue damages. Rental car companies will demand payment for repairs, lost rental income or “diminished value” of the car even if you weren’t at fault.
An experienced car accident lawyer can:
- Deal with insurance adjusters on your behalf
- Investigate the crash and preserve key evidence
- Determine liability and identify all responsible parties
- Make sure you’re not unfairly blamed or pressured into an inadequate settlement
- Get you proper medical care and track related expenses
At Steinberg Injury Lawyers we’ve seen how complicated rental car cases can get. Our legal team will fight for full and fair compensation while you heal.
What Kind of Compensation Can You Get?
If the accident wasn’t your fault, you may be entitled to:
- Medical expenses (including future treatment and rehabilitation)* Lost wages or reduced earning capacity
- Pain and suffering
- Damage to personal property (like phones, luggage or electronics)
- Emotional distress
- Replacement vehicle or transportation costs while your case is pending
In serious crashes, damages can easily reach into the tens or hundreds of thousands of dollars. Having the right legal team on your side can make all the difference.
Why Rental Car Accidents Are So Common in Southern California
California sees its fair share of car accidents and it's no surprise when you consider that over 4,400 people died in traffic collisions in 2022 alone according to the California Office of Traffic Safety.
What makes things even more complicated are the millions of tourists driving rental cars on California’s crowded roads. With so many visitors unfamiliar with local traffic patterns and road conditions, it’s easy to see why accidents are common, especially in busy places like Los Angeles, San Diego or along the coast.
Rental cars also tend to be driven a lot more, and by different people, often leading to quicker wear and tear on things like brakes and tires. Even though rental companies must maintain their vehicles, mechanical issues can still pop up, sometimes contributing to accidents.
Protect Yourself with Steinberg Injury Lawyers
Rental car accidents are more than just fender-benders and insurance claims. They involve complex legal and contractual issues that the average driver may not be prepared to handle alone. That’s where we come in.
Steinberg Injury Lawyers has been representing injury victims across Southern California for years. We know how to navigate the intersection of rental contracts, insurance law and personal injury claims.
Your consultation is free and you will never pay unless we recover for you. Call us today or contact us online to speak with an attorney who can guide you through the next steps.
