Summer travel means more people are driving rental cars in Georgia, whether for a family vacation, a business trip or getting around while their own car is in the shop. If you’re in a crash in a rental car, or you’re hit by someone driving one, figuring out whose insurance pays can be confusing. The short answer is that the at-fault driver is generally responsible, and several policies, including your own, may help cover your losses.
Here’s what you need to know to protect yourself and your rights after a rental car crash in Georgia.
Key Takeaways
- The at-fault driver is generally responsible for injuries and property damage under Georgia law.
- Your own auto policy may extend to a rental car, and your uninsured motorist coverage may help if the at-fault driver has too little insurance.
- A federal law, the Graves Amendment, generally protects rental companies from liability just because they own the car, but not for their own negligence.
- Save your rental agreement and report the crash to the rental company and police.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Why Rental Car Accidents Happen More in Summer
- Tourists and out-of-state drivers unfamiliar with local roads
- Heavy holiday traffic and more distracted drivers
- Unfamiliar vehicles with different controls and blind spots
- Rushing to return cars or keep to vacation schedules
Whether you’re driving the rental or you’re hit by someone in a rental car, a few unique legal issues can apply.
Steps to Take After a Rental Car Accident
- Check for injuries and call 911. Prioritize safety and report the crash to law enforcement.
- Contact the rental company. Follow its crash-reporting process, since many agreements require prompt notice.
- Gather information. Collect contact, license and insurance information from all drivers, plus witness names.
- Take photos. Document damage, the scene, license plates and visible injuries.
- Save your rental agreement. It shows which coverages you accepted or declined and may affect which policy applies.
- Notify your own insurer. Your policy may cover you, but don’t admit fault or accept a quick payout.
- Don’t rely on the rental company’s coverage alone. Some products have low limits or exclusions, so verify the details.
- Get medical care and legal advice. Rental car claims can be complicated when several insurers are involved.
See our after-the-wreck checklist for more on what to do in the first days after a crash.
Who Pays After a Rental Car Crash in Georgia
Several sources of coverage may apply:
- The at-fault driver’s liability insurance. Georgia is an at-fault state, and the driver who caused the crash is responsible for the resulting injuries and damage. Georgia’s minimum liability limits are $25,000 per person and $50,000 per crash for bodily injury and $25,000 for property damage (O.C.G.A. § 33-7-11).
- Your own auto policy. Many personal policies extend liability, collision and medical payments coverage to a rental car. Check your declarations page and policy terms.
- Your uninsured/underinsured motorist coverage. If the at-fault driver has no insurance or not enough, your own UM coverage may help pay for your injuries.
- Coverage bought at the rental counter. Supplemental liability or personal accident products may add coverage, depending on what you selected.
- Credit card benefits. Some cards offer coverage for damage to the rental car itself, but usually not for your injuries.
Sorting out which policy pays first matters. Adjusters may try to shift blame or point to another insurer, so keep records of every claim number and conversation.
When the Rental Company Can Be Liable
A federal law known as the Graves Amendment (49 U.S.C. § 30106) generally shields rental and leasing companies from liability simply because they own the vehicle. The rental company can still be responsible for its own negligence or criminal wrongdoing, such as:
- Renting a car with known brake, tire or steering problems that it failed to fix
- Ignoring a safety recall on the vehicle
- Negligently renting to a driver it knew was unlicensed or impaired
If a defect played a role, preserve the vehicle and ask the rental company in writing to keep its maintenance records.
What Compensation Is Available
If you’re injured in a rental car crash caused by someone else, you may be entitled to:
- Medical expenses and rehabilitation costs
- Lost wages and reduced earning ability
- Pain and suffering and emotional distress
- Property damage and out-of-pocket travel losses
Georgia uses modified comparative fault. Your award is reduced by your share of fault, and you cannot recover if you are 50% or more at fault (O.C.G.A. § 51-12-33). Learn more about our car accident practice.
Frequently Asked Questions
Does My Personal Car Insurance Cover a Rental Car in Georgia?
Often, yes. Many personal auto policies extend coverage to rental cars, but the details depend on your policy and what you bought at the counter. Check your declarations page or ask your agent, and keep your rental agreement.
Can I Sue the Rental Car Company If I Was Hit by Someone Driving a Rental?
Usually not just because the company owns the car, because of the federal Graves Amendment. The rental company may be responsible if its own negligence, such as renting a car with known defects, contributed to the crash. The at-fault driver’s coverage is typically the main source of payment.
What If I Live Out of State and Was Hurt in Georgia?
Georgia law generally applies to a crash that happens in Georgia, including the two-year filing deadline for most injury claims. Your own out-of-state policy may still provide coverage. It helps to have someone who knows Georgia law review your claim.
Should I Buy the Rental Company’s Insurance?
It depends on the coverage you already have through your own policy and credit card. Review your policy before you travel. If you decline coverage, understand what gaps you might have, especially for injuries and liability.
If a rental car crash turned your trip upside down, you don’t have to sort out the insurers on your own. The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
