Who Is Responsible for the Rental Car in an Accident

Did you recently sustain injuries in a rental car accident in Portland, Oregon?

If so, your mind is likely swimming with questions like, “Who pays after a rental car accident?” and “Do I need a lawyer following an accident in a rental car in Portland?”

The team at Rizk Law can answer your questions and help you avoid costly mistakes as you deal with the aftermath of a rental car collision. We know how to deal with rental companies, insurance adjusters, and anyone else who might try to shift the blame or delay your claim.

Get in touch with us today for your free consultation and learn more about how we can support you.

How Liability Works in Portland Rental Car Accidents

Rental car accident liability in Portland follows the same fault-based system that applies to all collisions in Oregon.

That means the driver who causes the crash usually has to pay for the damage. If another driver hit your rental and caused the collision, their auto liability insurance should cover the repairs and your injuries. However, if you caused the crash, the rental car company will look to you and your own auto insurance policy for payment.

When the Renter Is Responsible for the Damage

If you caused the accident or violated the terms of your rental agreement, you could be on the hook for the full cost of any damage to the rental car.

That includes cases where the damage resulted from misuse, careless driving, or unauthorized drivers. Oregon law allows rental companies to hold drivers responsible for vehicle repairs, towing, storage, and loss-of-use fees.

How the Rental Car Company’s Coverage Applies

Rental car coverage has limits, and it’s up to you to know what those limits are before you drive.

The types and amounts of rental car insurance you have depend on what coverages you elected for when you rented the vehicle, which may include:

Liability coverage

Rental car companies in Oregon must include the state minimum liability coverage with every vehicle. But liability insurance covers injuries and property damage you cause to others, not damage to the rental car itself.

The minimums for rental car insurance coverage in Oregon are $25,000 per person and $50,000 per accident for injuries, and $20,000 for property damage. Minimum coverage won’t go far in a serious crash.

Collision damage waiver

Many renters purchase collision damage waivers (CDWs) to avoid paying for damage to rental cars. A CDW isn’t insurance, but it eliminates your financial responsibility if the vehicle gets damaged while you have it.

If you buy a CDW, the company usually won’t come after you for repairs or loss-of-use fees. However, if you broke the rental agreement by speeding or letting someone else drive, the waiver likely won’t apply.

Personal accident insurance

The rental car company may also offer coverage in case you suffer any injuries in a collision, regardless of who was at fault. Depending on the rental coverage, it could provide compensation for your medical bills and lost wages.

Using Your Personal Auto Insurance in Oregon

If you are in an accident while driving a rental car, your personal auto insurance might help cover the damage – but only if your policy includes the right protections.

Your coverage might include:

  • Collision/comprehensive coverage could pay for repairs to the rental car, whether you caused the damage or not.
  • Uninsured/underinsured motorist coverage pays for your property damage and injuries when someone else causes a collision but has no insurance or not enough to cover your losses.
  • Personal injury protection (PIP) coverage can pay for your medical expenses and lost income from accident injuries, regardless of who was at fault.

Always verify with your insurer that your coverage extends to rental vehicles before declining the rental car company’s insurance.

If you declined the rental company’s damage waiver and your policy doesn’t cover rental cars, you could get stuck with the full bill. You should also check the limits of your auto policy before you rely on it. Oregon law doesn’t require collision or comprehensive coverage, so only some drivers have it.

When Third Parties Are Responsible for the Rental Car

If someone else causes a rental car crash, that driver and their insurer will likely be on the hook for the damage to the rental car and your losses.

However, if the damages exceed their insurance policy limits, you may be responsible for the difference. That’s where additional coverage from either the rental car company or your own policy comes into play.

Rental car liability in Portland isn’t limited to the drivers involved. A parts defect, road hazard, lack of maintenance, or unsafe repair job could shift responsibility to a third party. In those cases, you may need to file a separate claim against the person or entity that contributed to the accident.

Regardless of fault, keep in mind that the rental car company won’t wait to get paid. They might charge your card upfront and leave you to chase down reimbursement from other at-fault parties. A Portland rental car accident lawyer can step in and take over that fight on your behalf.

How a Portland Rental Car Accident Lawyer Helps Protect Your Rights

Paperwork demands and finger-pointing can start up quickly after a rental car accident. As rental companies demand payment and insurers look for ways to deny claims, you might get stuck trying to figure out fault, coverage, and deadlines alone.

The good news is that you don’t have to handle those problems on your own.

The team at Rizk Law knows Oregon’s accident laws and rental contract rules. When you work with us, we can review your rental agreement, identify all possible sources of coverage, and push back if the rental company tries to overcharge you for the damage.

You might be entitled to coverage from your auto insurer, your credit card, the rental company, the other driver’s insurance company, or another at-fault party. But someone has to get those companies to act. Rizk Law deals with insurers every day and won’t hesitate to fight for your full compensation, no matter who tries to avoid responsibility.

Contact Our Portland Rental Car Accident Attorneys Today

If you suffered injuries in a Portland rental car accident, now is the time to speak with a lawyer who knows how Oregon insurance laws actually work and how to hold the right parties accountable to maximize your compensation.

That’s where Rizk Law comes in.

Our team has served Oregonians for over 20 years, recovering millions of dollars in rightful compensation for those we represent.

People turn to Rizk Law for straight answers, responsive communication, and real results. Our team doesn’t make empty promises – we take action. Just ask our former clients, such as Jd Woolworth, who said:

“I unfortunately needed the services of a legal professional. These guys were the fastest response. They answered all of my silly questions (probably more than once). They were upfront about how much things cost. They kept to it. They told me what to expect and when. It happened just like they said.”

Ready to talk?

We’re here to listen. Contact Rizk Law today for your free consultation.

Author: Rizk Law

Were you injured in an accident that was not your fault? Are your bills piling up while your pain and suffering seem to never end? Is an insurance carrier standing in your way of the money you need to get your life back on track? Then you need a lawyer who knows how insurance carriers think — and can fight them for the maximum compensation you deserve. You need Rizk Law.