Missouri follows a fault-based insurance system, meaning the driver who caused an accident is generally responsible for paying. Depending on the circumstances, liability may fall on you, another driver, or, in rare cases, the rental car company. At Buchanan, Williams & O’Brien, P.C., our car accident attorneys will protect your rights anywhere in Missouri, including Joplin, Springfield, and St. Louis.
Here’s how liability in rental car accidents typically breaks down:
When You Are the At-Fault Driver
If you cause a rental car accident, you may be financially responsible for damages. Fortunately, there are several layers of coverage that could help:
- Collision damage waiver (CDW): If you purchased this from the rental agency, it may cover the cost of repairs, though exclusions typically apply. For example, CDWs may not cover damage if you were driving recklessly, under the influence of alcohol or drugs, allowing an unauthorized driver to use the car, or if the damage occurred on unpaved roads.
- Your personal auto insurance: Most car insurance policies will carry over to a rental, but with a few caveats. Your liability coverage usually applies, but your insurer might not pay for extra costs like rental company “loss of use” fees (for the time the car is being repaired) or administrative charges. And remember — your deductible applies, which means you’ll likely owe money out of pocket.
- Credit card coverage: Many credit cards include rental car protection if you use the card to book it, but in most cases, this “secondary coverage” only kicks in after your own insurance has been used. Some cards also exclude certain vehicle types (trucks, luxury cars, or large SUVs), rentals outside the US, or long rental periods (over 15–31 consecutive days).
When Another Driver Is at Fault
In Missouri, the at-fault driver’s liability insurance is generally responsible for paying for rental car accident damages. However, if that driver only carries the state’s minimum coverage, it may not be enough to cover all your losses. If the driver is uninsured, which is true for about 16% of Missouri motorists, you may need to rely on your own uninsured motorist coverage or any insurance you purchased through the rental company.
In this scenario, it is still important to report the accident to both your rental car company and your insurance provider to ensure coverage applies properly. You may need a skilled car accident attorney in Missouri to help prove your innocence and right to compensation.
When the Rental Car Company Is at Fault
Most of the time, rental car companies are not liable for accidents. However, they may share responsibility if negligence played a role. Examples include:
- Failing to maintain the rental vehicle (such as ignoring faulty brakes or safety recalls)
- Renting to someone who is not legally qualified to drive
These cases can be complex and often require legal guidance to prove company negligence.
How a Missouri Car Accident Lawyer Can Help with Rental Car Claims
If you were involved in a rental car accident in Missouri, don’t navigate the claims process alone. Multiple insurance companies may be involved, each with their own interest in minimizing payouts.
An experienced Missouri car accident lawyer can help you:
- Review all potential coverage options
- Negotiate with insurance adjusters
- Identify all liable parties
- Pursue compensation for medical bills, lost wages, and other damages.
Schedule a Free Consultation
At Buchanan, Williams & O’Brien, P.C., our attorneys understand how overwhelming rental car accidents can be. With decades of experience representing injured Missourians, we know how to cut through the confusion and fight for the compensation you deserve.
Contact us to schedule a free, no-obligation consultation.