Who Is Liable in a Rental Car Accident in Charleston?

If you’ve been in a rental car accident in Charleston, you’re probably wondering who pays for the damage and injuries. The answer depends on several factors, including who caused the accident and what insurance coverage you have. Understanding rental car accident liability claims is essential to getting the compensation you deserve. When accidents happen, knowing your rights and the fault determination process can make the difference between a fair settlement and financial hardship.

Understanding Rental Car Accident Liability in South Carolina

South Carolina uses a fault-based liability system. This means the driver who caused the accident is responsible for paying damages. To establish fault, you need to prove the other driver acted negligently—meaning they failed to exercise reasonable care while driving. Understanding how to prove fault in a car accident is critical to your claim’s success.

Negligence can take many forms: speeding, distracted driving, running a red light, or failing to yield the right of way. When you file a rental car accident liability claim, you’ll need evidence showing the other driver’s actions directly caused your injuries and damages. This is where accident scene documentation becomes invaluable.

How South Carolina Determines Fault

South Carolina courts look at whether a driver breached their duty of care. If another driver hit your rental car because they were texting, that’s clear negligence. The evidence you gather at the scene—photos, witness statements, and the police report—helps prove fault and strengthens your claim. Accident reconstruction experts can also provide critical testimony in complex cases.

Who Pays for Damages in a Rental Car Accident?

The at-fault driver’s insurance company typically covers damages. If you’re injured and the other driver caused the accident, you can file a claim against their liability insurance. This covers your medical bills, lost wages, pain and suffering, and vehicle damage.

If you’re at fault, your own insurance becomes responsible. This is where your collision coverage and liability limits matter. If you don’t have adequate coverage, you could face high out-of-pocket costs. Understanding your insurance coverage options before an accident occurs is essential.

When You’re at Fault

If you caused the rental car accident, your personal auto insurance should cover the damages—assuming you have collision coverage. However, rental car companies often require you to purchase additional coverage at the rental counter. This might include a Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW), which protects you from paying for vehicle damage. Many people don’t realize that rental car insurance can significantly impact their financial liability.

When Another Driver Is at Fault

When another driver causes the accident, you can file a third-party claim against their insurance. If that driver is uninsured or underinsured, your own uninsured motorist coverage kicks in to protect you. This coverage is crucial in Charleston, where uninsured drivers are unfortunately common. Understanding underinsured motorist coverage can protect you when the at-fault driver’s insurance is insufficient.

Rental Car Insurance Coverage Options

Understanding your coverage options helps you make informed decisions at the rental counter. Many renters decline additional coverage, thinking their personal auto insurance will cover everything. This can be a costly mistake. Before renting, review your personal auto insurance policy to understand what’s covered.

Loss Damage Waiver (LDW) eliminates your financial responsibility for vehicle damage. Liability Damage Waiver covers damages you cause to other vehicles or property. Collision Damage Waiver (CDW) specifically covers collision damage to the rental vehicle. Each option has different costs and coverage limits.

Your credit card might offer rental car insurance, but it typically only covers collision damage, not liability. Your personal auto insurance may extend to rental vehicles, but check your policy first. Don’t assume you’re covered—verify your protection before driving off the lot. If you’re unsure about your coverage, consulting with a personal injury attorney can clarify your options.

Steps to Take After a Rental Car Accident

Your actions immediately after an accident significantly impact your claim. First, ensure everyone’s safety. Call 911 if anyone is injured or if there’s significant damage. Proper documentation at the scene is critical.

Document everything: take photos of vehicle damage, the accident scene, road conditions, and traffic signs. Get the other driver’s name, phone number, address, insurance information, and license plate number. Collect contact information from any witnesses. Questions to ask witnesses can help strengthen your case.

Report the accident to the rental company immediately. File a police report—this creates an official record of the accident. Notify your insurance company and the at-fault driver’s insurance company. If you’re injured, seek medical attention promptly, even if you feel fine. Some injuries appear hours or days later. Dealing with delayed injuries is common in rental car accidents.

Why Choose Crantford Meehan for Your Rental Car Accident Claim

Crantford Meehan has recovered millions for clients injured in motor vehicle accidents. Both partners are Trial Lawyers College graduates, which means they’ve completed advanced training in trial advocacy and complex litigation. They hold AV ratings from Martindale-Hubbell, the highest peer-review rating available.

William Crantford and Jerry Meehan have dedicated their careers to helping accident victims recover fair compensation. Our attorneys have handled car accidents, truck accidents, and motorcycle accidents throughout South Carolina. We understand how insurance companies work and how to negotiate fair settlements. We’re available 24 hours a day because accidents don’t happen during business hours. We work on a contingency basis, meaning you pay nothing unless we win your case.

With a 5.0 Google rating from over 280 clients, Crantford Meehan has earned a reputation for results. We have offices in Charleston, Summerville, and Florence to better serve you. Our client testimonials speak to our commitment to excellence.

Frequently Asked Questions About Rental Car Accident Liability

Can I sue the rental car company for an accident?

Rental companies are rarely liable for accidents unless the vehicle had a mechanical defect that caused the crash or they negligently rented to an obviously unsafe driver. The Graves Amendment, a federal law, limits rental company liability in most situations. Your focus should be on the at-fault driver’s insurance. However, if the rental vehicle had a defect, you may have additional claims.

What if I’m partially at fault for the rental car accident?

South Carolina follows comparative fault rules. If you’re 30% at fault and the other driver is 70% at fault, you can recover 70% of your damages. However, if you’re more than 50% at fault, you cannot recover anything. This is why proving the other driver’s negligence matters. Understanding comparative negligence is essential to maximizing your recovery.

Does my personal car insurance cover rental car accidents?

Most personal auto policies extend collision and liability coverage to rental vehicles. However, coverage limits and deductibles apply. Check your policy or call your insurance agent before renting. Some policies exclude certain types of rentals or have limited coverage. If you’re unsure, our personal injury attorneys can review your policy.

How long do I have to file a rental car accident claim in South Carolina?

You have 3 years from the date of the accident to file a personal injury lawsuit. However, don’t wait. Insurance companies move faster when claims are filed promptly. Evidence fades, witnesses move away, and memories blur over time. The statute of limitations is a critical deadline you cannot miss.

What damages can I recover in a rental car accident claim?

You can recover medical expenses, lost wages, pain and suffering, property damage, and future medical care if your injuries are permanent. The value of your claim depends on injury severity, medical treatment, and how the accident affected your life. Understanding how pain and suffering damages are calculated can help you evaluate settlement offers.

Should I accept the rental company’s settlement offer?

Don’t accept any settlement without consulting an attorney. Rental companies and insurance adjusters often undervalue claims. They know most people don’t understand their rights. An attorney ensures you receive fair compensation. Learn about personal injury settlement processes before negotiating.

What if the at-fault driver is uninsured?

Your uninsured motorist coverage protects you. This coverage pays for your injuries when the at-fault driver has no insurance. If you don’t have this coverage, you may need to pursue a lawsuit against the uninsured driver directly. Uninsured driver accidents require specialized legal strategies.

Contact Crantford Meehan for Your Rental Car Accident Claim

Don’t navigate a rental car accident claim alone. Crantford Meehan offers free consultations to discuss your case. Call (843) 832-1120 anytime—we’re available 24 hours a day. We have offices in Charleston, Summerville, and Florence. There are no upfront costs. We work on a contingency basis, so you only pay if we win your case. Contact us today for your free consultation.