Rental Car Nightmare in Rochester? Here’s How to Handle It After a Personal Injury

You’re cruising down Monroe Avenue in a rental car, thinking the worst thing that could happen is missing your exit. But then—bam—you’re in an accident. Your heart’s racing. The rental car is wrecked. And now, you’re wondering, “Who’s paying for this?” 

Rental car accidents are stressful, but don’t worry—we’ve got your back. As a trusted law firm in Rochester, we can help you navigate the chaos. Our Rochester personal injury attorneys at Horn Wright, LLP, have several years of experience fighting for victims’ rights. 

But first, let’s break it all down so you know exactly what to do next. 

Who’s Getting Stuck With the Bill? The Ugly Truth About Liability in Rochester Rental Car Accidents

After a crash in a rental car, you might be asking, “Am I on the hook for everything?” The answer? It depends. 

Liability can get messy, especially when rental agreements, personal insurance, and state laws all come into play.

Renter’s Responsibility vs. Third-Party Liability

• If you caused the accident, you’re likely responsible for damage to both the rental car and any other vehicles involved. Your personal auto insurance may cover it, but if not, the rental company will come knocking.
• If another driver was at fault, their insurance should cover your damage. But don’t assume they’ll happily pay up. You’ll need to document everything and file a claim.
• If you bought rental insurance, great! But read the fine print—some policies cover damage to the rental car but not injuries or liability.

Comparative Fault in Rental Car Accidents

New York follows a pure comparative negligence rule. 

That means even if you’re partly at fault, you can still recover damages—but your payout gets reduced by your percentage of fault. 

For example, if you’re 20% responsible, you’ll only get 80% of your claim. The more evidence you have, the better your case.

Think You’re Covered? The Truth About Rental Car Insurance in Rochester

Rental car insurance can be confusing. Do you really need that extra coverage the rental agent pushes on you? Maybe. Maybe not.

Understanding Liability Coverage

• New York law requires liability insurance: $25,000 per person and $50,000 per accident for bodily injury. This usually extends to rental cars but check with your insurer.
• Rental companies offer Supplemental Liability Protection to boost your coverage limits. This can be a lifesaver if you’re in a serious accident.

Rental Company Insurance vs. Personal Auto Insurance

• Your personal auto insurance might cover rentals, but not always. If you don’t have collision coverage, you could be stuck with repair costs.
• Collision Damage Waiver from the rental company covers damage to the car but not medical expenses or liability.
• Third-party travel insurance (like through Expedia or a credit card) may cover some costs, but policies vary. Always double-check.

Can You Make the Rental Car Company Pay? Here’s When They’re Liable

Sometimes, the rental company is at fault. If their negligence played a role in the accident, you might have a case against them.

Liability for Improper Maintenance

• Rental companies must maintain their vehicles. If faulty brakes or bald tires caused the crash, they could be responsible.
• If you suspect poor maintenance, request the vehicle’s service records and speak to an attorney. A Rochester car accident lawyer can help determine if you have a valid claim.

Legal Precedents for Holding Rental Companies Accountable

New York’s Vehicle and Traffic Law Section 388 states that the vehicle owner (the rental company) can be held responsible for negligence. This has led to successful lawsuits against rental agencies when maintenance failures led to accidents.

Slam the Brakes! The Smartest Moves to Make After a Rental Car Crash in Rochester

The moments after a crash are critical. Here’s what you need to do:

Contacting Law Enforcement and Medical Services

• Call 911 immediately. A police report will be crucial for insurance claims.
• Even if you feel fine, get checked by a doctor. Some injuries, such as spinal damage, don’t show up right away. A medical malpractice attorney can help if negligent medical care worsens your injuries.

Filing an Insurance Claim

• Notify your insurance provider and the rental company ASAP.
• Stick to the facts when speaking to insurers. Never admit fault, even if you think you caused the accident.
• Document everything: Take the best possible photos, get witness statements, and keep copies of reports.

Credit Card Rental Insurance: Your Secret Weapon or a Total Letdown?

Think your credit card’s rental insurance has you covered? Maybe. But there are catches.

What’s Covered and What’s Not

• Most credit card rental insurance covers damage to the rental car but not medical expenses, liability, or injuries.
• Some cards provide secondary coverage, meaning they only pay after your personal insurance is maxed out.
• Coverage varies by card—check the fine print before relying on it.

A rental car accident in Rochester can turn your trip into a nightmare, but you don’t have to go through it alone. 

The personal injury attorneys at one of the best law firms in America, Horn Wright, LLP, can provide the guidance you need to make sure you’re not left paying for someone else’s mistake. 

Knowing your rights, your insurance options, and what steps to take can make all the difference. If you’re struggling with a claim, an injury claims legal representation expert can help you fight for what you deserve. And if your accident happened due to unsafe property conditions, a slip and fall legal expert may be the right professional to call.

Contact our office today to get your free consultation. Let’s discuss your case.