What to Do After a Rental Car Accident in Las Vegas When You Were Not at Fault
A car accident is stressful under any circumstances.
When the vehicle belongs to a rental company, the situation can become even more confusing. Instead of dealing with only one insurance carrier, you may have to communicate with the at-fault driver’s insurer, your own insurance company, the rental company, and possibly a credit card benefits administrator.
Even when another driver clearly caused the crash, the rental company may still expect immediate reporting, documentation, and cooperation under the rental agreement.
At Solis Torres Law, we help Las Vegas residents and visitors understand their options after rental car accidents involving injuries, disputed liability, and multiple insurance policies.
Here is what you should do after a rental car accident in Nevada when you believe someone else was responsible.
First, Make Sure Everyone Is Safe
Your first priority should be your health and the safety of everyone involved.
After the collision:
Check yourself and your passengers for injuries
Move away from traffic if it is safe to do so
Turn on the vehicle’s hazard lights
Call 911
Request medical assistance when needed
Wait for law enforcement to arrive
Do not assume that you are uninjured simply because you do not feel immediate pain.
Adrenaline can temporarily mask symptoms after a crash. Injuries such as whiplash, concussions, back injuries, and soft tissue damage may not become obvious until later that day or the following morning.
Call the Police and Request an Accident Report
A police report can become an important part of the insurance investigation.
The responding officer may document:
Driver information
Insurance details
Witness statements
Vehicle positions
Visible damage
Traffic violations
The location and time of the crash
The police report does not always make the final legal determination of fault, but it can provide useful evidence when insurance companies later disagree about what happened.
This is particularly important in Las Vegas, where many rental car accidents involve tourists who may leave Nevada shortly after the collision.
Document the Accident Scene
If you are physically able, collect as much information as possible before leaving the scene.
Take photographs or video of:
Every vehicle involved
Damage to the rental car
Damage to the other vehicles
License plates
Traffic signals and signs
Skid marks
Debris
Road conditions
Nearby businesses
Your visible injuries
Photograph the vehicles from several angles, including close-up and wide views.
The surrounding area also matters. A nearby casino, convenience store, apartment complex, gas station, or other business may have surveillance footage that captured the collision.
That footage may only remain available for a short time before it is automatically deleted.
Exchange Information With the Other Driver
Collect the other driver’s:
Full name
Telephone number
Address
Driver’s license information
Insurance company
Policy number
Vehicle registration
License plate number
You should also record the name and contact information of any witnesses.
Independent witnesses can become especially important when the drivers give conflicting descriptions of the crash.
Avoid Arguing About Fault
Even when you are confident that the other driver caused the accident, avoid arguing at the scene.
Do not apologize, guess, or speculate about what happened.
Statements such as:
“I’m sorry”
“I didn’t see you”
“Maybe I was going too fast”
“I’m fine”
can later be taken out of context.
Provide factual information to law enforcement, but do not make unnecessary statements about responsibility or the severity of your injuries.
Contact the Rental Car Company Promptly
Most rental agreements require the renter to report any accident or vehicle damage quickly.
Call the rental company using the number in your rental agreement or rental app.
Be prepared to provide:
Your rental agreement number
The date and location of the collision
The police report number
Basic information about the other driver
Photographs of the damage
Insurance claim information
The rental company may instruct you to return the vehicle, arrange for towing, or obtain a replacement rental.
Follow the reporting requirements, but avoid giving detailed opinions about fault or injuries before you understand the situation.
Review the Rental Agreement
The rental agreement controls many of your obligations after the crash.
Review the sections addressing:
Accident reporting
Vehicle damage
Towing
Loss-of-use charges
Administrative fees
Authorized drivers
Insurance coverage
Damage waivers
Prohibited uses of the vehicle
Rental contracts are often lengthy and difficult to understand. However, failing to follow the agreement’s reporting procedures can create avoidable disputes.
Which Insurance Pays After a Rental Car Accident?
Several insurance policies may potentially apply.
The exact order depends on the facts of the crash, the rental agreement, and the coverage you purchased or already carried.
Potential sources of coverage include:
The at-fault driver’s liability insurance
Your personal auto insurance
Coverage purchased from the rental company
Credit card rental vehicle benefits
Uninsured or underinsured motorist coverage
Commercial or rideshare insurance when applicable
It is important not to assume that one policy will automatically cover everything.
The At-Fault Driver’s Insurance
Nevada is an at-fault state.
This means the driver who caused the accident is generally responsible for the resulting damages.
The at-fault driver’s liability policy may cover:
Damage to the rental vehicle
Medical expenses
Lost wages
Pain and suffering
Damage to personal property
However, liability investigations can take time.
The insurer may dispute fault, delay its decision, or argue that you contributed to the accident.
During that period, another insurance policy may temporarily handle some of the damage.
Your Personal Auto Insurance
If you maintain your own automobile insurance, some of that coverage may extend to a rental vehicle.
Depending on the policy, this may include:
Collision coverage
Comprehensive coverage
Liability coverage
Medical payments coverage
Uninsured motorist coverage
Underinsured motorist coverage
Coverage varies substantially by company and policy.
Your deductible may also apply if you use your own collision coverage, even when another driver caused the crash. Your insurance company may later pursue reimbursement from the at-fault carrier through subrogation.
Rental Company Coverage
Rental companies commonly offer optional protections at the rental counter or through the booking process.
These may include:
Collision Damage Waiver
A collision damage waiver, sometimes called a CDW, may reduce or eliminate your responsibility for damage to the rental vehicle.
Technically, it is often a contractual waiver rather than traditional insurance.
Loss Damage Waiver
A loss damage waiver, or LDW, may cover damage or theft involving the rental vehicle, subject to exclusions.
Supplemental Liability Insurance
Supplemental liability insurance may provide additional liability coverage if you cause an accident.
Personal Accident Insurance
Personal accident insurance may provide limited medical or accidental death benefits.
Personal Effects Coverage
This may cover certain personal belongings damaged or stolen during the rental period.
Coverage can be denied if the renter violated the agreement, such as allowing an unauthorized person to drive or using the vehicle in a prohibited way.
Credit Card Rental Car Protection
Some credit cards provide rental vehicle protection when the card is used to pay for the rental.
However, these benefits often come with strict requirements.
For example, coverage may require you to:
Pay for the entire rental with the eligible card
Decline the rental company’s damage waiver
Report the accident within a specific time
Provide extensive supporting documentation
Rent an eligible type of vehicle
Credit card benefits are often secondary, meaning your personal insurance must be used first.
Some premium cards offer primary coverage, but the terms vary.
Credit card rental protection usually focuses on damage to the rental vehicle. It may not cover injuries, liability claims, or personal property.
What If the At-Fault Driver Has No Insurance?
If the other driver is uninsured, fled the scene, or does not have enough insurance, other coverage may become important.
Potential options include:
Your uninsured motorist coverage
Your underinsured motorist coverage
Rental vehicle protection
Applicable commercial insurance
A claim against another responsible party
Nevada does not require drivers to purchase uninsured or underinsured motorist coverage, but many policies include it unless it was rejected in writing.
A lawyer can review the available policies and determine which coverage may apply.
How Nevada’s Comparative Negligence Law Affects the Claim
Nevada follows a modified comparative negligence system.
You may generally recover compensation as long as your responsibility for the accident is not greater than the combined responsibility of the defendants.
Your compensation may be reduced by your percentage of fault.
For example:
If your damages total $100,000, but you are found 20% responsible, your recovery may be reduced to $80,000.
Insurance companies may try to assign partial fault even when another driver was primarily responsible.
Strong evidence can help prevent your role in the accident from being overstated.
Seek Medical Treatment Quickly
Rental car claims can become complicated, but your medical care should not be delayed while insurance companies argue about coverage.
Seek treatment as soon as possible if you experience:
Neck pain
Back pain
Headaches
Dizziness
Nausea
Numbness or tingling
Shoulder pain
Difficulty concentrating
Joint pain
Restricted movement
Prompt treatment protects your health and creates a medical record connecting your injuries to the collision.
Follow your doctor’s recommendations and attend scheduled appointments.
Insurance companies commonly use gaps in treatment to argue that injuries were minor or unrelated to the crash.
Keep Records of Every Accident-Related Expense
Create a file containing:
Medical bills
Treatment records
Prescription receipts
Rental agreement documents
Police reports
Towing receipts
Transportation expenses
Lost wage information
Insurance correspondence
Photographs and videos
Personal property receipts
Keeping these records organized can reduce delays and make it easier to prove your damages.
What Happens to the Damaged Rental Car?
Because the rental company owns the vehicle, it usually controls the inspection and repair process.
The company may:
Inspect the vehicle
Obtain repair estimates
Declare it a total loss
Select the repair facility
Arrange towing
Pursue insurance reimbursement
Bill the renter for uncovered amounts
Unlike your own vehicle, you usually cannot choose the body shop or direct the repair process.
Can the Rental Company Charge You Even When You Were Not at Fault?
Possibly.
Rental companies sometimes bill the renter before the insurance investigation is complete.
Potential charges may include:
Vehicle repair costs
Towing
Storage
Administrative fees
Loss of use
Diminished value
Processing expenses
Being free from fault does not always prevent the rental company from initially pursuing payment under the contract.
However, these charges may ultimately be covered by:
The at-fault driver’s insurer
Your personal insurance
A damage waiver
Credit card benefits
Do not ignore a rental company invoice.
Request written documentation showing how each charge was calculated and immediately forward it to the appropriate insurance carriers.
What Are Loss-of-Use Charges?
Loss of use refers to the revenue the rental company claims it lost while the damaged vehicle was unavailable for rental.
For example, if the vehicle was being repaired for 20 days, the rental company may attempt to charge for the rental income it says it could have earned during that period.
These charges can be disputed, particularly when the company does not provide documentation showing:
The reasonable repair period
The vehicle’s rental rate
The company’s fleet utilization
That the vehicle would likely have been rented
Whether a particular insurance policy covers loss-of-use charges depends on its terms.
Can You Challenge Unfair Rental Car Charges?
Yes.
Do not automatically assume every charge is valid.
You may challenge charges that are:
Unsupported
Duplicated
Excessive
Unrelated to the accident
Based on an unreasonable repair period
Inconsistent with the rental agreement
Ask for:
Itemized invoices
Repair estimates
Damage photographs
Towing records
Administrative fee explanations
Loss-of-use calculations
The vehicle’s pre-rental inspection report
Photos taken when you picked up the vehicle can also help distinguish old damage from damage caused by the crash.
What If Your Personal Belongings Were Damaged?
If items inside the rental vehicle were damaged, you may be able to seek compensation for them.
Examples include:
Luggage
Phones
Laptops
Cameras
Child car seats
Medical equipment
Work tools
Take photographs and keep receipts or other proof of value.
Coverage may come from the at-fault driver’s insurer, renters or homeowners insurance, credit card benefits, or personal effects coverage purchased through the rental company.
Should You Give a Recorded Statement?
Be cautious.
The other driver’s insurance company may ask you to provide a recorded statement shortly after the crash.
The adjuster may use your answers to:
Dispute fault
Minimize your injuries
Identify inconsistencies
Argue that your treatment was unnecessary
Reduce the value of the claim
You are generally not required to provide a recorded statement to the other driver’s insurance company.
Your own insurer may require cooperation under your policy, but you should still understand your obligations before giving a detailed statement.
Common Mistakes After a Rental Car Accident
Avoid these mistakes:
Failing to Report the Crash to the Rental Company
Late reporting may violate the rental agreement or create coverage problems.
Throwing Away the Rental Agreement
The contract contains important coverage and reporting information.
Accepting Blame at the Scene
Do not speculate about fault.
Giving Multiple Recorded Statements
Statements to different insurers can later be compared for inconsistencies.
Ignoring Rental Company Bills
Unresolved charges may be sent to collections.
Delaying Medical Care
Delayed treatment can harm both your health and your injury claim.
Accepting an Early Injury Settlement
Once you sign a release, you generally cannot seek additional compensation if your condition worsens.
When Should You Contact a Las Vegas Car Accident Lawyer?
Consider speaking with an attorney when:
You suffered significant injuries
Fault is disputed
The other driver is uninsured
Several insurance policies are involved
The rental company is demanding substantial payment
The insurer denied the claim
You were driving for work
A commercial or rideshare vehicle was involved
You are visiting Nevada from another state or country
You do not understand the rental agreement
You received a settlement offer
Rental car claims can become difficult because each company may try to shift responsibility to someone else.
An attorney can determine which parties and policies should be pursued.
How Solis Torres Law Can Help
At Solis Torres Law, we help accident victims by:
Investigating how the crash happened
Preserving photographs and video
Collecting witness statements
Communicating with insurance companies
Reviewing available insurance coverage
Evaluating rental company charges
Documenting medical expenses
Calculating lost wages
Negotiating injury settlements
Filing a lawsuit when necessary
Whether you live in Nevada or were visiting Las Vegas when the collision occurred, we can help you understand what comes next.
Contact Solis Torres Law After a Las Vegas Rental Car Accident
If you were injured in a Las Vegas rental car accident that another driver caused, you should not have to manage several insurance companies while trying to recover.
At Solis Torres Law, we represent accident victims throughout Las Vegas, North Las Vegas, Henderson, and surrounding Nevada communities.
Call Solis Torres Law at (702) 522-5555 for a free consultation.
You pay no attorney fees unless we recover compensation for you.
Frequently Asked Questions
Am I responsible for damage to a rental car if the accident was not my fault?
The at-fault driver may ultimately be responsible, but the rental company may initially pursue you under the rental agreement while insurance claims are pending. Your personal insurance, rental coverage, or credit card benefits may apply.
Will my insurance rates increase after a not-at-fault rental car accident?
That depends on your insurer, policy, claims history, and the circumstances of the crash. A not-at-fault accident does not automatically guarantee that your rates will remain unchanged.
How long does a rental car accident claim take?
Property damage claims may resolve within weeks or months. Injury claims can take longer, especially when treatment is ongoing, fault is disputed, or several insurers are involved.
What if the at-fault driver does not have insurance?
You may have options through uninsured motorist coverage, rental vehicle protection, or other applicable policies.
Can I choose the repair shop for the rental vehicle?
Usually not. Because the rental company owns the vehicle, it generally controls the inspection and repair process.
Does credit card rental coverage pay for injuries?
Usually not. Most credit card rental benefits focus on vehicle damage or theft. They generally do not replace bodily injury liability or medical coverage.
Can a rental company charge me for lost rental income?
Rental companies may seek loss-of-use charges, but the amount and validity of those charges may be disputed depending on the rental contract, supporting records, and available insurance coverage.
