Who Compensates Me If I Am In An Accident With A Rental Car Owned By Hertz, Avis, Dollar, Thrifty Or Budget?
The rules concerning responsibility for a Maryland motor vehicle accident are fairly straightforward. The person who negligently drives a car is going to be responsible for his or her conduct -and any resulting injuries or damages. This can be complicated to some extent by contributory negligence principles, but, I would say that generally, it is the conduct, or fault, of one driver that leads to an accident.
“Under substantive Maryland law, the owner of a vehicle is presumptively responsible for the conduct of the operator or driver”
-Eric T. Kirk
The law, in essence, assumes that the owner has the responsibility and ability to conform the conduct of the driver to the requirements of the law. As Attorney Eric T. Kirk will tell you.
This is one of the easiest presumptions to dispel, and typically requires no more than the owner simply stating: “I wasn’t in the car but I gave the other person permission to drive”. The owner of a vehicle may be alternatively be held responsible for the negligence of the driver under a different legal theory called negligent entrustment. Here, if there is a demonstration that the driver had dangerous tendencies or proclivities of which the owner was aware [e.g. multiple DUI arrests, or a long history of motor vehicle accidents] and that owner let that dangerous person that drive their car anyway, they may in fact be responsible for that dangerous driver’s negligence, and resulting damages. They will have been considered to have committed an independent act of negligence, in allowing the person with dangerous habits to drive a vehicle capable of harming others.
You have potentially heard the old adage that, in most instances, “insurance follows the vehicle.” If an insured driver is operating their own vehicle, there is coverage for any loss. The same principle would apply when an insured owner lets another person use their vehicle- a concept called permissive use. Here again, there is coverage if an accident ensues. If you are involved in a car accident with a rented vehicle [e.g. Hertz, Enterprise,, Avis, Budget, Dollar and the like] a different set of rules will apply. Anyone who has engaged in the renting of a vehicle for hire is likely aware that the customer is typically presented with an option. They have the option to purchase the insurance that is offered by the rental company, or provide proof that they have private motor vehicle insurance that would provide coverage in the event of a loss.
The important distinction here is that the renting entity or the lessor of the vehicle is not presumptively responsible for the conduct of the driver.
Eric T. Kirk
Note that it’s always wise to confirm with your insurance agent or company if in fact your insurance would cover you in a rental car. While many if not most policies will cover rentals in the continental US, many do not cover international rentals, or vehicles driven from the US to Mexico or Canada.
This is true, despite state law to the contrary, by virtue of federal legislation. A concept called “preemption” dictates that federal law trumps any state law to the contrary. So, even though Maryland law might dictate that an owner of a vehicle is presumptively responsible for the conduct- or negligence- of the driver, any federal law to the contrary wins out.
How To File A Claim with a Car Rental Company
- Enterprise Rent-A-Car
Enterprise Rent-A-Car is one of the largest rental car companies in the world, part of Enterprise Holdings, based in Clayton, Missouri. It provides both airport and home-city rentals, van & truck rentals (under “Enterprise Truck Rental”), and also sells off fleet cars. For damage / accident claims, after contacting authorities (e.g. police), call Roadside Assistance at 1-800-307-6666, available 24/7. General customer service is via 855-266-9565.
- Avis Car Rental
Avis is a major global car rental brand, part of Avis Budget Group, headquartered in Parsippany, New Jersey. It operates across ~150+ countries, offering wide selections, loyalty programs, etc. For claims / accident reporting in the U.S., first contact Avis Roadside Assist at 800-354-2847. For general customer service in the U.S., call 1-800-352-7900.
- Hertz Global Holdings / Hertz Car Rental
Hertz is one of the largest car rental/mobility companies globally. It operates the Hertz, Dollar, Thrifty, and Firefly brands, with more than 11,000 rental locations in about 160 countries. Its services include airport and neighborhood branch rentals, replacement/insurance repair rentals, and programs for business customers. In case of damage or a vehicle incident, Hertz provides a Claims Department reachable at 877-584-7159. For roadside assistance (if vehicle becomes undrivable during rental) you can use other Hertz support lines (often the number shown on your rental agreement or contract).
- Alamo Rent a Car
Alamo is part of Enterprise Holdings and serves many airport and city locations across the U.S. as a “value” brand geared often toward leisure travelers. Services include typical car classes, optional insurances, and roadside assistance. For accidents, damage, or roadside issues, Alamo’s 24-hour Roadside Assistance number is 1-800-803-4444. For general reservations and customer service you can reach them at (844) 354-6962 (reservations) or (844) 357-5138 (customer service during business hours).
Under these federal provisions, the renting entity is specifically not responsible for the conduct or negligence of the driver, and in the event of an accident, the injured party must look to the driver’s private insurance or insurance than that person purchased from renting agency at the time of the rental. If that person does not have private motor vehicle insurance, or other applicable insurance, one must look to that individuals personal assets to satisfy any judgment.
I have handled and evaluated thousands of injury and accident cases over the years. Frequently, these cases involve coverage disputes and denials. I extend a complimentary strategy conference, evaluation and analysis process that I employ in every personal injury case brought to us. Contact me today to begin this process. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
