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Many drivers utilize rental services when visiting the Inland Empire, commuting through Rancho Cucamonga if their vehicle is being serviced, or driving on the 210 Freeway when en route to the mountains. Unfortunately, if a crash occurs, the legal aftermath of a rental car accident can be significantly more complex than a standard motor vehicle accident.
If you were involved in a crash while in a rental car or were struck by a rental car driver, working with a Rancho Cucamonga car accident lawyer from Attorney Jeff Car Accident Lawyer will not only protect your legal rights but also maximize your financial recovery.
Contact us to schedule a free consultation with an experienced attorney online or by calling our law offices at (909) 787-2515. The consultation is 100% free, and we offer our legal services on a contingency fee basis for your convenience.
Table of Contents
How a Rancho Cucamonga Rental Car Accident Lawyer Strengthens a Case
Types of Rental Car Accidents
Who Is at Fault for a Rental Car Accident?
How Does Car Insurance Work for a Rental Vehicle?
What Can Be Compensated After an Accident?
What To Do After an Accident?
Common Crash Sites of Rental Car Accidents in Rancho Cucamonga, CA
Rancho Cucamonga sits at a major crossroads for Southern California traffic with the I-15 carrying heavy commuter and freight flow between San Bernardino and Riverside Counties, leading to frequent congestion and lane shifts.
Additionally, ongoing work on Caltrans District 8 increases the risk of sudden braking, unsafe merging, and rear-end collisions. These busy highways are also the site of catastrophic accidents due to the combination of reckless driving and speeding.
SR 210, also known as the Foothill Freeway, is another common crash zone, particularly near the I-15 interchange, where multiple lanes converge at high speeds.
Foothill Blvd. and Historic Route 66 in Rancho Cucamonga experience high traffic from locals and travelers going to Ontario Airport, neighboring hotels, and popular shopping destinations, like Victoria Gardens–especially during evenings and weekends.
Visitors in rental cars are particularly vulnerable in these areas because they may be unfamiliar with local exit patterns, lane splits, or navigating the roads in general.
Why Rental Car Accidents Are Different Than Other Auto Accidents
Car rental accidents are often legally complex due to the potential involvement of multiple at-fault parties, including the rental company, other drivers, and various insurance providers. Other key differences include:
- You don’t own the vehicle. Therefore, the rental agreement controls specific responsibilities.
- Rental companies offer optional coverages, such as Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW), which affect who may be held responsible in the event of an accident.
- Your personal auto policy may apply—but its role depends on the type of coverage and the circumstances of the crash.
- Credit card rental coverage may apply if you used a card that offers collision protection, but there may be stipulations that do not fall within policy rules.
- The at-fault driver’s policy may be the primary policy applied, but it will take time to determine liability and prove fault.
A personal injury attorney can help guide you through the insurance claim process after a rental car accident, ensuring your rights are protected and helping you pursue fair compensation.
How Local Representation from Attorney Jeff Car Accident Lawyer Benefits Your Case
Jeff Fayngor, Esq. and his dedicated legal team are highly experienced in delivering optimal outcomes for clients. His accolades include being listed as one of USA Today’s Top 15 Attorneys, earning an Avvo 10.0 Superb Top Personal Injury Attorney ranking, and maintaining an A+ Rating from the BBB.
We have extensive experience with personal injury cases, including rental car accidents, which demand a detailed, early investigation. Our legal team collects collision reports, vehicle damage documentation, local video footage, witness statements, and medical evidence to determine the severity of injuries. If the crash happened in a construction zone, we also analyze Caltrans’ project data, lane closures, and traffic patterns to determine the collision’s cause.
We then identify every party that may be legally responsible, including drivers, rental companies, and repair vendors. If mechanical failure is suspected, we move quickly to preserve the rental vehicle and demand maintenance and inspection records before they are altered or lost.
Once we have documented both liability and damages, our firm manages the entire insurance process. This includes submitting claims to the appropriate insurance companies, contesting denied claims, and negotiating to secure the highest possible compensation. Should the insurance company fail to offer a fair settlement, we are prepared to pursue the case in court.
How We Prove Liability
To build your claim, we gather and preserve evidence such as:
- CHP or local police crash reports
- Police report from the accident
- Medical records documenting your injuries and treatment
- Photos/video of vehicle positions, damage, skid marks, and debris
- Witness statements
- Dashcam or surveillance footage from gas stations, shopping centers, and road intersections
- Vehicle inspection and maintenance records
- Rental agreement and coverage selections
- Accident reconstruction when needed
Common Types of Rancho Cucamonga Car Accidents Involving Rental Companies
Our award-winning legal team specializes in the following cases involving a rental vehicle or company:
- You were hit while driving a rental: We aggressively pursue the at-fault driver to secure compensation and identify all potential layers of insurance coverage.
- The at-fault driver was in a rental car: Although the driver’s personal insurance is usually the starting point, the involvement of the rental company’s policies and specific exclusions can significantly complicate the claim.
- You were a passenger in a rental car: Passengers often have claims against one or more drivers involved in the crash and may also be able to utilize their own Uninsured/Underinsured Motorist (UM/UIM) coverage.
- A rental car malfunction caused the crash: Liability may shift to the rental company or its maintenance vendors if the accident resulted from mechanical failure, inadequate maintenance, or the rental of a recalled vehicle.
- A Focus on Coverage Disputes: These accidents frequently result in complex insurance issues, such as partial claim denials, “not in the course and scope” arguments, or disputes where insurance companies attempt to shift blame to one another.
Who Is Liable in a Rental Car Accident?
If you were driving the rental and another driver caused the crash, your claim generally proceeds against the at-fault driver’s insurance. However, when determining liability, the multiple parties involved may share responsibility. The potential at-fault parties may include the following:
The Rental Car Driver
A person renting a vehicle is liable for an accident caused by their negligence, such as speeding, distracted driving, running a red light, or driving under the influence of alcohol or drugs. Therefore, a careless rental car driver is responsible for the resulting damages.
Another Reckless Driver
Rental drivers are often accident victims. If another driver is at fault for a collision, their insurance must cover the costs, even in a rental car. Negligent drivers cause many rental car accidents. Our legal services hold at-fault drivers accountable and seek maximum compensation for injuries.
The Rental Company
Federal law generally prevents rental companies from being automatically liable solely because they own the car. However, the rental company can still be held liable for failing to maintain the vehicle or knowingly renting out unsafe or recalled cars.
A Maintenance or Repair Company
If a third-party shop serviced the rental car poorly, leading to brake failure, a tire blowout, or steering issues, liability may extend to them.
Multiple Parties
In California, liability for a crash can be divided among multiple parties—such as a negligent driver, an issue from a mechanical failure, and dangerous roadway conditions—due to the state’s pure comparative negligence system. This system ensures financial recovery from all at-fault parties.
How State and Federal Laws Apply to Rental Car Accident Claims
The federal Graves Amendment limits a rental company’s liability simply for owning the vehicle, which means the rental company is not automatically responsible for a renter’s negligent driving.
However, claims against rental companies are permitted under the same rules when their own negligence contributes to an accident, such as failing to properly maintain the vehicle or renting out a car that is unsafe to drive.
California law requires rental companies to clearly disclose that a collision damage waiver may duplicate coverage a renter already has under a personal auto policy.
Rental car companies often push customers to buy extra waivers without clearly stating that the renter’s existing insurance coverage might already cover the same potential losses. This is a violation of the California Code, Civil Code – CIV § 1939.09, highlighting the importance of why legal assistance is so essential.
How Insurance Coverage Works for California Car Rental Accidents
One of the most frustrating aspects of a rental car accident is determining which insurance company is responsible for payment. Generally, the at-fault driver’s personal policy is often considered the primary source of coverage for damage to the rental vehicle, while other coverage from the other involved parties may also be available. The common applicable insurance policies may involve the following.
At-Fault Driver’s Auto Insurance
If another driver caused the crash, their policy should be the primary one. This coverage typically covers bodily injury and other damages.
Your Personal Auto Insurance
If you rented the car, your personal auto policy may account for collision coverage and bodily injury, depending on your declarations page. In California, many personal policies extend to rentals, especially if uninsured motorist and underinsured motorist (UM/UIM) coverage is part of the policy.
Rental Company Coverage Options
Rental companies also sell optional car insurance coverage options that affect how costs are handled in the event of a crash, including:
- Collision Damage Waiver (CDW) / Loss Damage Waiver (LDW) – This is a contractual term in which the rental company agrees to waive certain damage charges if specific conditions are met. Waivers can still contain exclusions, such as driving under the influence, letting an unauthorized driver use the vehicle, or using the car in prohibited ways.
- Supplemental Liability Insurance (SLI) – This protects against third-party claims for bodily injury and property damage caused by the rental vehicle. It provides coverage that exceeds the minimum liability limits already specified in the rental agreement.
Personal Accident Insurance (PAI) – This provides a lump-sum payment for medical, hospital, or death benefits. It can be purchased independently or through work, offering coverage for the renter and passengers injured in a covered accident, regardless of who is at fault. - Personal Effects Coverage (PEC) – This covers the loss or theft of personal belongings of the renter, additional drivers, and their immediate family members traveling with them. It can be purchased for an additional daily fee.
Credit Card Rental Coverage
Credit card rental coverage can help with physical damage to the rental vehicle, but it usually covers only the rental itself and not any sustained injuries. Many credit card programs also require that you decline the rental company’s damage waiver in order for the credit card benefit to apply.
State law requires rental companies to disclose that these waivers may duplicate insurance you already carry, and that disclosure can matter when a rental company later tries to enforce fees against you.
What to Know About the Collision and Loss Damage Waiver (and Why It Matters)
A collision damage waiver (CDW) and loss damage waiver (LDW) are agreements where the rental company waives certain vehicle damage costs.
Although similar, they are distinct because a CDW only covers damage done to a rental car in an accident, while an LDW also provides theft protection in case the vehicle is stolen. However, some rental car companies, like Avis, use both terms interchangeably.
Important points regarding coverage:
- It may cover damage to the rental car even if you were at fault.
- It often has exclusions (e.g., DUI, off-road driving, unauthorized drivers).
- Even without CDW/LDW, you might already be covered through your personal auto policy or credit card, which is why California requires rental companies to disclose that it may be duplicative.
Our legal team reviews the rental agreement and coverage to ensure that all applicable insurance policies are in place following a crash or incident.
Available Compensation After a California Rental Car Accident
A rental car accident can result in life-altering, serious injuries that impact every aspect of life. Therefore, it is crucial to seek compensation for the full extent of losses to avoid being left with the financial burden of someone else’s negligence. This includes compensatory damages and non-monetary damages, such as “pain and suffering.” Available damages may include the following.
Economic Damages
- Current medical expenses
- Emergency Room (ER) services, hospitalization
- Follow-up visits with specialists
- Future medical treatment and long-term care
- Lost wages and health benefits
- Physical therapy
- Prescriptions and medical equipment
- Property damage to personal items
- Reduced earning capacity
Non-Economic Damages
- Anxiety and emotional trauma
- Loss of enjoyment of life
- Physical pain
- Post-traumatic stress disorder (PTSD)
- Scarring or disfigurement
Wrongful Death Damages
- Burial costs
- Funeral expenses
- Loss of companionship and guidance
- Lost income due to a lack of financial support
Common Car Accident Injuries That Necessitate Compensation
A successful personal injury claim provides compensation for various life-altering injuries sustained by accident victims. The following are the most common types of car rental accident injuries that can be compensated:
- Broken Bones
- Catastrophic Injuries – amputation, burns
- Cuts and Lacerations
- Dental Fractures
- Emotional Suffering
- Internal Bleeding
- Post-Traumatic Stress Disorder (PTSD)
- Spinal Cord Injuries or Paralysis
- Traumatic Brain Injuries (TBIs)
- Wrongful Death
Filing Deadlines and Local Laws That Affect Rancho Cucamonga Rental Car Claims
In California, most personal injury lawsuits, including those stemming from car accidents, must be filed within two years from the date of the accident.
Shorter Filing Periods for Claims Against a Government Entity
If your claim involves a government entity, the filing period is significantly shorter—just six months. For instance, if a crash was caused or made worse by a poorly maintained or hazardous public roadway, the city or other relevant government entity could be held liable. In this scenario, the deadline to take legal action is six months, not the standard two years.
California’s Comparative Negligence Rule (Shared Fault)
California follows the rule of comparative negligence in personal injury cases. This means that even if you are found partially at fault for the rental car accident, you may still be able to recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault.
For example, if a court awards $100,000 in compensation, but you are deemed 20% liable for speeding, and the rental car company is found 80% liable for renting a car with faulty brakes, your recoverable damages would be $80,000.
Common Causes of Car Rental Accidents
Like most personal injury cases, the common causes of rental accidents are tied to driver negligence, as well as other variables.
Reckless Driving
- Aggressive driving – lane changes without signaling or tailgating
- Distracted driving – GPS setup, phone use, infotainment car monitors
- Driving under the influence
- Excessive speeding
- Failing to follow traffic laws – ignoring traffic signals or failing to yield the right of way
- Fatigue from travel or long drives
- Unfamiliarity with the car – controls, blind spots, braking
Road and Traffic Causes
- Construction
- Faulty infrastructure
- Freeway merges
- Heavy weekend travel toward the mountains or the desert
- Neglected road maintenance – not filling potholes or broken traffic signals
- Poor road designs
Vehicle-Related Causes
- Brake failure
- Overdue inspections
- Open recalls that weren’t repaired before renting the car
- Poor vehicle maintenance
- Steering issues
- Tire blowouts
What to Do After a Rental Car Accident in Rancho Cucamonga, CA
After a car accident, your health should remain the top priority. Seek a medical evaluation right away, even if you feel fine, as injuries to the head, neck, or back may not be immediately apparent. Then, proceed with the following steps.
1. Prioritize Safety and Health
- Call 911 immediately.
- Request emergency services if severe injuries are sustained.
- Seek prompt medical attention after leaving the crash site, regardless of injury severity. This establishes a clear link between the crash and your injuries for insurance purposes.
2. Secure Evidence and Documentation
- Obtain a police report from the Riverside County, California, Highway Patrol.
- Document the accident scene by taking photos or videos of:
- All vehicles involved
- License plates with any rental company stickers
- Road signs, lane markings, skid marks, and debris
- Your specific injuries
- Collect witness statements, as a neutral third party’s account helps establish liability.
- Retain all medical bills and other invoices that indicate out-of-pocket expenses.
3. Manage Communication
- Notify the rental company. Most rental agreements require prompt notification. When you report the incident, keep your statement short and factual, do not speculate, and do not admit fault.
- Do not provide recorded statements to any insurance representatives. Anything shared can negatively impact the claim and prevent you from receiving fair compensation.
4. Consult Legal Counsel
Contact a Rancho Cucamonga rental car accident attorney. Early legal counsel ensures crucial evidence is preserved, clients’ rights are not violated, and increases the ability to obtain maximum compensation.
Frequently Asked Questions About Rental Car Accidents
Will my personal auto insurance cover a rental car crash?
If necessary, yes. If you have collision and liability coverage, your personal auto insurance will often cover a rental car accident. However, coverage depends on the specific policy details and whether the rental agreement was followed.
What is a Collision Damage Waiver or Loss Damage Waiver?
A Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) transfers responsibility for rental-vehicle damage costs from you to the rental company. It is not traditional insurance and may duplicate existing coverage. While beneficial, a CDW/LDW has exclusions, such as impaired driving or an unauthorized driver, that can void the waiver.
What if the rental car had mechanical problems?
Rental companies can be liable for negligent maintenance or renting vehicles that are unsafe or have been recalled. California also restricts renting out vehicles with active recalls until they are repaired.
What if the at-fault driver is uninsured?
You may still recover through uninsured/underinsured motorist coverage if that is part of your personal auto insurance policy. Attorney Jeff Car Accident Lawyer will review your policy and rental documents to confirm your exact protection.
How long does a rental car accident case take?
There’s no fixed timeline, with settlements ranging from a few months to a year, depending on the duration of medical treatment and the level of cooperation from the insurance company. A case may resolve quickly if injuries stabilize and liability is clear, but complex coverage disputes or serious injuries, spinal injuries, or paralysis can extend the process.
Talk to Our Rancho Cucamonga Law Firm Today
Rental car accidents are designed to create confusion. Rental agreements, waiver language, and multiple insurance carriers create a system that can leave injured people vulnerable to exploitation and underpaid.
Choosing a compassionate legal team means you’re not just another case number—you’re a valued member of the community, and your recovery matters. Here is why partnering with Attorney Jeff Car Accident Lawyer is the best choice for you:
- Deep understanding of California law and rental car company regulations
- Extensive experience negotiating with insurance companies and handling rental car accident claims
- Familiarity with San Bernardino County courts and legal procedures
- Personalized, compassionate service tailored to your unique situation
- Aggressive pursuit of fair compensation for medical expenses, lost wages, and other damages
- Commitment to maximizing your recovery and protecting your rights
Contact us for a free rental car accident case evaluation. With their expertise and dedication, you can focus on healing while we pursue the financial compensation you deserve. After an accident, Jeff’s got you.
Address: 8350 Archibald Ave, Suite 209, Rancho Cucamonga, CA 91730
Phone Number: (909) 787-2515
Other Practice Areas Our California Personal Injury Lawyers Handle
Our award-winning legal team at Attorney Jeff Car Accident Lawyer specializes in the following practice areas:
- Rancho Cucamonga Bicycle Accidents
- Rancho Cucamonga Car Accidents
- Rancho Cucamonga Dog Bite Accidents
- Rancho Cucamonga Motorcycle Accidents
- Rancho Cucamonga Pedestrian Accidents
- Rancho Cucamonga Personal Injury Accidents
- Rancho Cucamonga Slip and Fall Accidents
- Rancho Cucamonga Truck Accidents
- Rancho Cucamonga Lyft and Uber Accidents
- Rancho Cucamonga Workers’ Compensation Claims
- Rancho Cucamonga Wrongful Death Lawsuits
Attorney Jeff Car Accident Lawyer’s Other Locations
Determine the viability of your insurance claim with our free case checker or schedule a free consultation at one of our law offices to speak with an experienced attorney today. We have law offices throughout Southern California and Northern California.







