Knoxville Rental Car Accident Liability

Helping victims of rental car collisions obtain compensation for their injuries

Drivers may need to rent a car in Knoxville for different reasons. They may be visiting from out of town. They may not own a car and need to use one for work or play. Their car may be in the shop for repairs. Whatever the reason for renting a car, the liability insurance coverage issues can be complicated. Generally, the driver is liable for an accident in the same way as any driver, but there may be additional issues that our Knoxville rental car accident lawyers may need to review. This can include whether the driver rented the car for work, in which event the renter’s employer may be liable. At Banks & Jones, we’ve been fighting for car accident victims for 30 years. We understand the unique challenges involved with rental car accident claims.

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Which insurance policies cover rental car accidents in Knoxville?

The liability coverage for a car accident in Knoxville has several possible scenarios. You should be sure you understand which insurance policy covers you.

  • If you cause an accident while you’re driving a rental car, then your liability coverage (we’ll discuss which policy) should pay the victim.
  • If another rental car vehicle strikes your car, then Banks & Jones will help you recover from the insurance policy that covers the rental driver.
  • If the rental car driver that strikes you did not have liability insurance or didn’t have enough to pay your claim, then we’ll file an uninsured/underinsured (UM/UIM) claim with your own liability insurance carrier.

The liability insurance that covers the rental car driver includes one of the following:

  1. The liability insurance that the rental car driver has for his/her own cars should also apply to the rental car. You should check with your agent before driving to be sure your own policy will indeed cover your rental car – especially if you live in another state or another country. In Tennessee, if you have minimum insurance, then the driver’s policy should pay up to $25,000 per person and $50,000 per accident for bodily injury damages (medical bills, lost income, and pain and suffering), and $25,000 for property damage of the car that was struck by the negligent driver.
  2. Credit card rental insurance. The person who rents the car may obtain coverage through his/her credit card – if the rental is made through the credit card – but only for the damage to the car or the theft of the car. Credit car insurance does not provide liability coverage. Credit card insurance may not apply to certain cars and certain circumstances.
  3. Insurance that the driver buys through the rental car company. The rental car company may provide additional insurance in addition to the liability insurance of the renter. Remember, if you or anyone rents a car, you’ll need a valid driver’s license. Rental car insurance may cover:
    • Any damage to the rental car
    • Additional liability insurance on top of your car liability policy
    • Medical coverage for the driver and any passengers in the car, regardless of who caused the accident
    • Personal property insurance

Is the rental car company liable if the driver is liable?

Generally, the answer to this question is “no,” because of a federal law called the Graves Amendment. This law provides protection from liability for the rental car company, unless there is a showing that the rental car company is directly responsible for the accident. For example, if a driver causes an accident due to speeding, the car company isn’t liable because the driver is liable. However, if the car company failed to examine the brakes and if the brakes had been functioning, the accident wouldn’t have occurred, then the rental car company could be liable.

How do you obtain compensation for your damages when one car is a rental car?

If you’re involved in a car accident where you’re NOT the driver of the rental car, then our Knoxville car accident lawyers will file a personal injury claim against the driver of the rental car. The driver should then inform his/her personal auto insurance carrier. If the rental driver bought supplemental liability coverage through the rental car company, that insurance carrier needs to be notified too. Don’t worry. We’ll be sure to notify the proper insurance companies if the rental car driver doesn’t.

If you’re the driver of the rental car and another driver causes the accident, then our Knoxville car accident lawyers will file a personal injury claim against that responsible driver. The responsible driver should notify his/her auto liability insurance carrier. Again, if they don’t, we’ll notify the insurance carrier.

Your liability claim will then proceed until there is a settlement or a jury verdict. As the victim, you can claim damages for your medical expenses, lost income, pain and suffering, any scarring and disfigurement, loss of consortium (the inability to enjoy marital relations), and loss of bodily function.

Property damage

If your car is damaged by a rental car driver, the liability insurance of the rental driver should pay for the damage to your car. If you have collision coverage, your collision carrier may also pay some or all of the damage.

Things get a little more complicated if you are the rental car driver.

If you did not cause the accident, the insurance carrier for the other driver should pay for your property damage. You may also be able to collect from your own UM/UIM carrier or, if you bought damaged car insurance through the rental car company, from the rental car company’s insurance carrier.

If you did cause the accident, then you might be able to pay for the damage through your own collision carrier (if you have collision coverage), the rental car damage policy (if you purchased that coverage), or the credit card company if you bought damage coverage through them. Otherwise, you might have to pay from your own pocket.

At Banks & Jones, we’ll explain what happens if a rental car driver strikes a pedestrian or a bicycle rider.

Do you have a Knoxville rental car liability lawyer near me?

At Banks & Jones, we meet victims of car accidents at our Knoxville office located at 2125 Middlebrook Pike. Our lawyers also arrange for in-home and in-hospital visits for victims with very severe injuries. We also conduct phone and video consultations.

We’re ready to Fight 2 Win your personal injury claim. We’ve been fighting for personal injury victims for 30 years.

Injured in a car accident? Call Banks & Jones today.

Rental car accidents can be complicated. Let Banks & Jones help you navigate the unique challenges. We understand how to simplify complex car accident issues. We’ll file the right claim against the right defendants and the right insurance companies. We’re skilled at obtaining all the compensation you deserve for your personal and financial damage. Please call us or complete our contact form to schedule a free consultation.

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