Posted on: August 5, 2025

Who Is Responsible For A Rental Car In An Accident?
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Collisions involving rental cars present unique legal issues, especially regarding who is responsible for the rental cars in an accident. Many people rent a car when visiting a different state or when their car is being repaired, and they need reliable transportation for a few weeks. Regardless of the reason why someone is renting a car, the legal issues can be complicated. Contact Michael J. Lichner to speak with a Joliet car accident lawyer about your case.

The Driver’s Obligation to Fix a Damaged Rental Car

Illinois car accidents are analyzed according to fault. Whoever is at fault for the crash should pay compensation to the victim, including money to repair a damaged vehicle.

However, when a person rents a vehicle, they sign a contract with the rental company. This contract usually states that the renter will be responsible for repairing a damaged vehicle after a crash. That contractual language is binding on both parties.

If you rented a vehicle and damaged it in an accident, you might seek compensation for repairs from the at-fault driver. However, you are still legally obligated to fix the rental vehicle, and the rental company can come after you to pay for the repairs. They might sue if you refuse.

Did You Purchase a Collision Damage Waiver?

Rental companies usually offer a Collision Damage Waiver (CDW) to customers with a car rental in Illinois. It is also called a Loss Damage Waiver. This isn’t insurance, really. Instead, the rental company agrees to waive your obligation to fix the rental after an accident.

If you purchased this waiver, then you should not have to pay to fix the car. The rental company will either need to sue the at-fault driver or simply take the loss, but it shouldn’t be your problem.

Go through your paperwork to see if you purchased the waiver. Some people decline it because the waiver increases the cost of the rental, and they are trying to keep expenses low.

The waiver comes with conditions, however. It can limit the following:

  • Who can drive the rental vehicle. The agreement might limit driving to the person who signed the rental agreement. If someone else was driving, then the CDW might not apply.
  • Where you can drive the car. Most car rental Illinois agreements state you cannot drive off road.
  • Deadlines for reporting the accident to the rental company. If you wait too long, you might not be covered.

If you violated a condition of the CDW, then the rental company might refuse to honor the waiver. You should speak with a lawyer about this issue.

Is The Rental Company Ever Responsible?

Possibly. They could have liability if they rent a dangerous vehicle. Suppose the brakes are installed improperly, and then you crash even though you are stomping on the brakes. In that case, you aren’t responsible for the accident, so you might not have to pay to fix the car. The vehicle was dangerous when the rental company handed you the keys.

Do You Have Insurance on a Credit Card?

Some credit cards offer insurance in the event you are involved in a rental car accident. Typically, you need to rent the vehicle using the card. But this is a terrific benefit to have. The credit card company should pay to fix the damaged rental, up to a certain amount. Go through your credit card agreement to see if this is available.

Do You Have Collision Insurance?

Your own insurance might cover the cost of rental car repairs if you have collision or comprehensive coverage for your vehicle at home. Most drivers carry this insurance if they still have a car loan, since lenders require it.

This insurance likely covers a rental car accident in Illinois, provided you used the rental for personal reasons. Be sure to call your insurer after any accident in a rental vehicle. Your insurer can even handle the claim for you once you provide details, like the name of the rental company.

Collision and comprehensive benefits are no-fault, so you can tap them even if you are responsible for the crash.

If you don’t have collision insurance, you might be stuck paying to repair the vehicle out of pocket. The rental company will sue you if you refuse, but you might seek compensation from the at-fault driver.

Seeking Reimbursement from the Driver Who Caused the Accident

We see this situation often. A person rents a car and then gets hit by a distracted or dangerous driver. The other driver is at fault, so they need to pay compensation for the rental car accident. However, our client must still pay to fix the rental because they agreed to when signing the rental agreement. They also didn’t get the Collision Damage Waiver.

Now our client has the right to demand compensation from the dangerous driver for:

  • Medical bills. If you suffered injuries, you can request compensation to cover medical bills and other health care-related damages.
  • Lost wages or income. Economic damages include lost wages if you cannot work due to injury.
  • Pain and suffering for bodily injuries. You can request non-economic damages after an accident.
  • Damage to the rental. We can essentially get the at-fault driver to reimburse our client for the cost of fixing the damaged rental. If you didn’t get a Collision Damage Waiver or have other insurance to fix the car, then this is the way to get reimbursed.

Hire an experienced Will County, Illinois, car accident lawyer for help with the process. You cannot expect the rental company to have your back.

Call Our Office to Schedule a Consultation

We have worked with many clients who were visiting Illinois on vacation or for business purposes. Hire a local lawyer for any accident involving a car rental in Illinois. We know the insurance companies in the state, as well as the rental companies. We also have easier access to the vehicle, which could be an important piece of evidence in a claim.

Contact us to schedule a free, no-risk consultation with Michael J. Lichner. We can determine who is responsible for a rental car in an accident and develop a plan for obtaining compensation.

Have Any Questions?

We know that you have important questions when you’re looking for an attorney. We’re always here to answer questions. There’s no cost or obligation to talk to our legal team. Learn more about your case and our legal services. Please contact us!
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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

Call 815-258-7877

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