What if I hit someone while I’m driving a rental car?

Under Texas law, if you were in an auto accident in Texas while driving a rented vehicle, you may have to pay for any bodily injuries and property damage resulting from the accident.

However, if your accident was caused by a malfunction or mechanical failure in the rental vehicle, the rental agency may also be responsible. You might still be responsible for damages you caused, but may be able to recover money from the rental agency.

It is important to understand the appropriate laws so you can make an informed decision.

Rental Car Liability and Auto Insurance in Texas

Typically rental agencies offer damage waivers and liability policies to anyone renting a motor vehicle.

Be Cautious About Discussing That You Rented the Vehicle

If you have been in an accident with a motor vehicle you rented, the other side may use that information against you. They may claim you were being less cautious, or were unfamiliar with traffic laws of Texas and Texas.

Unless it is absolutely necessary, it may be wise not to mention that your automobile was rented when discussing the case with others involved in the accident.

In fact, it may be better to speak with a Texas auto accident attorney before revealing too much information to others involved, including the insurance company and rental agency.

The Agency that Rented You a Vehicle Might Also Be Legally Responsible

Under Texas law, a person or company that rents out vehicles is required to maintain the vehicle in proper condition. If you were involved in a rental vehicle accident as a result of a mechanical failure or defect, you might be able recover money from the rental agency in charge of maintaining the vehicle.

Auto accidents can result from a variety of mechanical failures, many of which can be prevented by proper maintenance:

• Broken or defective headlights, tail lights and turn signals
• Worn or underinflated tires
• Steering malfunctions from worn components or problematic alignment
• Defective brakes or overly worn brake pads
• If you were driving in bad weather, even a defect like broken windshield wipers might be a factor in the accident.

If the rental agency (or their maintenance crew) is responsible for these or other mechanical failures that caused your accident, they may be responsible. Even if you are also liable for damages caused by the accident, you may be able to file a lawsuit against the rental company to cover those costs.

These matters can get complicated, and require expert testimony and investigation to determine and prove the cause of your accident. You should speak with a Texas personal injury attorney to discuss your case and all the rights you may have under Texas law.

Rental Vehicle Borrowed from an Auto Repair Shop

Under Texas law, if you borrow a car from a repair shop, your standard auto insurance policy will usually pay for damages to the borrowed car.

If you cause an accident with a borrowed vehicle, your auto insurance policy will usually pay for the injuries and damages to other drivers, pedestrians and bystanders harmed by the accident. However, not all policies do. Speak to your insurance agent before driving a borrowed vehicle.

In addition, even if your auto insurance policy applies while youy are driving the borrowed car, your policy may not be enough to cover the damage.

Medical bills have skyrocketed, and luxury vehicles can cost thousands of dollars to repair. Before you drive a borrowed car, check your auto liability insurance limits so you know how much coverage is provided.

You should always drive safely, but be extremely cautious in a rented vehicle.

Take the time to speak with your insurance agent before driving a rented or borrowed car, so you understand your position. Confirm that your own auto insurance is current.

If you have any questions about an auto accident in Texas, or vehicle insurance under Texas law, contact Justinian & Associates.

Our personal injury law firm offers an entirely free consultation with an experienced Texas car accident attorney (not a “screener” or paralegal.) Our attorneys will listen to the specifics of your situation, and explain your options under Texas law.

There is no obligation. But you can lose your legal rights if you wait too long to act. Contact us by phone, text or email and set up a free consultation.