Crash & Chaos in Buffalo: What to Do If You’re Injured in a Rental Car Accident

Getting into an accident is stressful enough. When it happens in a rental car, things get even more complicated. You might be wondering if personal injury lawyers can help you sort out the mess. 

You have a lot of questions in your head, and you’re unsure where to start. Who pays for the damage? Will insurance cover you? And what should you do next? Let’s break it all down so you can breathe easier and take action.

Horn Wright, LLP, a trusted Buffalo law firm can help you find the answers and peace of mind you need to move forward.

Who’s Really to Blame When a Rental Car Crash Occurs

Rental car accidents come with a lot of finger-pointing. Figuring out who’s on the hook for damages depends on fault, rental agreements, and the fine print you probably skimmed at the counter.

Determining Fault in Rental Car Accidents

In New York, the driver responsible for the accident is typically the one who pays for the damage. So, if you caused the crash, you could be on the hook. If someone else hit you, their insurance should cover your damages—assuming they’re insured.

Rental Company Liability vs. Driver Responsibility

Rental car companies usually dodge responsibility for crashes. Thanks to the Graves Amendment, they’re not liable for what renters do behind the wheel. 

But if they rented you a faulty car—bad brakes, worn tires—they could be held accountable. If you're struggling to sort out liability, a Buffalo car accident lawyer can help you navigate the legal complexities and fight for your rights.

Rental Car Insurance: A Safety Net or a False Sense of Security?

Rental insurance feels like a safety net—until you actually need it. Not all policies are created equal, and some leave you covering more than you expected.

Primary vs. Secondary Insurance Coverage

When renting a car, your coverage could come from multiple places:

• Your personal auto insurance: If you have a car insurance policy, it probably extends to rentals. But remember—your deductible still applies, and filing a claim could hike up your premiums.
• Rental car company's insurance: They’ll try to sell you Collision Damage Waivers  which cover damages to the rental itself. Sounds great, but these waivers don’t cover injuries or liability for others.
• Credit card benefits: Some credit cards offer rental car coverage, but only if you decline the rental company’s insurance. Coverage is often secondary, meaning it kicks in after your personal insurance pays out.

What If the Other Driver Is Uninsured?

If the at-fault driver doesn’t have insurance, you could be stuck paying for damages—unless you have uninsured motorist coverage. 

New York requires this coverage for injuries but not for vehicle damage. If you skipped rental insurance, you might have to pay for repairs yourself. 

In some cases, New York injury compensation laws may help cover medical expenses or lost wages if you were hurt in the accident.

Can You Take Down a Rental Car Giant for Negligence?

Rental car companies love to pass the buck, but sometimes, they’re the ones at fault. If their negligence caused the crash, they could be held responsible.

When the Rental Car Itself Is Defective

If the car you rented had mechanical issues that led to the crash, that’s on the rental company. They’re required to fix recalled vehicles before renting them out—but not all do. 

If they handed you a ticking time bomb, you may have a case. Personal injury legal representation can help you hold the rental company accountable for failing to maintain their fleet.

Cases Involving Poor Vehicle Maintenance

Bald tires? Failing brakes? Rental companies have a duty to keep their cars safe. If they neglected maintenance and it led to an accident, they could be held liable. Some companies have been sued for failing to inspect vehicles between rentals.

Rental Car Wreck in Buffalo? Do This Now to Protect Yourself!

If you’ve just crashed a rental car, don’t panic. Follow these steps to protect yourself legally and financially.

Reporting the Accident to the Rental Company

After calling the police and making sure everyone’s safe, contact the rental company ASAP. Most require you to report accidents within a specific timeframe—or they might charge penalties.

Gathering Evidence and Witness Statements

A strong case starts with strong evidence. Take pictures of:

• Vehicle damage: Multiple angles help show the full extent of the impact.
• Accident location: Capture traffic signs, signals, and road conditions.
• Contributing factors: Skid marks, potholes, missing signage—anything that played a role.

If there were witnesses, get their contact info. Statements from neutral third parties can make or break an insurance claim.

Seeking Medical Attention Immediately

Even if you feel fine, see a doctor. Injuries like whiplash can take hours or days to show up, and medical records are crucial for claims. Getting medical attention and legal guidance is key to protecting your rights.

Credit Card Rental Insurance: A Lifeline or a Legal Trap?

Many travelers assume their credit card has them covered—until they find out what’s excluded. Most credit card rental insurance doesn’t cover personal injuries, liability, or lost property. If you’re relying on it, read the fine print first.

Final Thoughts on Protecting Your Rights After a Rental Car Crash

A rental car accident can feel overwhelming, but knowing your rights makes all the difference. Whether you’re dealing with insurance headaches, figuring out liability, or taking legal action against a negligent company, staying informed puts you in control. 

Take it one step at a time. And don’t let the stress of the crash drive your decisions. The Buffalo personal injury attorneys at Horn Wright, LLP, one of the best law firms in America, are ready to fight for your rights. 

We’re here to guide you through the legal process and help you fight for the compensation you deserve. If you’re ready to take action, call our office to request your free, no-obligation consultation.