You get behind the wheel of a rental car, and moments later another driver slams into you. Besides being hurt, you may also have a pile of questions about insurance or fault, not to mention who covers your medical bills. A car accident lawyer in New York can help you understand how these layers fit together.
In this guide, Cassisi & Cassisi, P.C.’s New York car accident lawyer explains how the law handles injuries after a rental car crash.
How an Auto Accident Lawyer Approaches Rental Car Crashes
Crash injuries are common enough that the National Safety Council reported about 4.9 million medically consulted injuries from motor vehicle incidents in the United States in 2024. Rental car accidents are part of this statistic, although a few variables may change how these claims play out. Car accidents involving rental cars can involve several insurance policies at once.
Under the Graves Amendment, rental car companies generally cannot be held liable for a crash as owners, as long as they were not negligent. That means the company that rented you the car is often not responsible for your injuries. Instead, the focus tends to shift to the at-fault driver and the policies that apply to the people involved.
So, who pays for injuries in a rental car accident in New York? In many cases, it starts with your own Personal Injury Protection coverage. From there, it may extend to the at-fault driver’s liability insurance.
How New York No-Fault Insurance Applies to Rental Car Accident Injury Claims
According to the New York State Department of Health, residents average 136,913 emergency department visits each year due to motor vehicle traffic injuries. New York car accident lawyers work with the state’s no-fault insurance system, which affects how the earliest medical costs are handled after crashes. Personal injury protection generally pays for basic medical expenses and a portion of your lost wages, regardless of who caused the accident.
No-fault coverage typically applies to injuries and certain related losses, while damage to the rental vehicle may be handled through rental vehicle or collision coverage, a credit card benefit, or a collision damage waiver, depending on the applicable policy and rental agreement.
Rental car accident lawyers handle these injury claims, which can involve more than one insurer. Your attorney can help you review the details early so that you don’t miss a deadline or forgo a source of coverage you did not know you had.
When Can You Step Outside No-Fault and Seek Compensation for Injuries in a Rental Car Accident?
According to the World Health Organization, between 20 and 50 million people worldwide suffer non-fatal injuries in road traffic crashes each year, with many left facing a lasting disability. No-fault benefits handle the basics of these incidents in New York, but they do not address every harm a serious crash can cause. The law recognizes this, and may allow people to step outside the no-fault system and pursue a liability claim when their injuries meet a certain threshold.
When an injury qualifies as serious, you may be able to seek compensation beyond basic medical costs, potentially including elements like pain and suffering. Damages available in a fault-based claim can vary widely, and may include categories such as:
- Medical expenses: Current treatment costs and what you may need in the future
- Lost income: Wages missed during recovery, and reduced earning ability
- Pain and suffering: Physical pain and emotional distress
- Out-of-pocket costs: Other accident-related expenses
You should also note that New York follows a pure comparative negligence rule. Any compensation may be reduced in proportion to your share of responsibility for the crash.
How Rental Coverage and Personal Insurance Fit Together
Your personal auto liability coverage often applies first for injuries and damage you cause to others. If the at-fault driver has too little insurance or none at all, your uninsured or underinsured motorist coverage may fill the gap. The details depend on your policy.
Your New York car accident lawyer may also point out that rental companies frequently offer optional protection at the counter. New York regulates waivers under New York Section 396-Z, and you won’t typically see bodily injury liability coverage included in these agreements. A Collision Damage Waiver generally addresses any damage to the rental vehicle but may not cover injuries to the occupants or other crash victims.
Let Cassisi & Cassisi, P.C.’s Personal Injury Lawyer in New York Answer Your Questions
Who pays for injuries after a rental car crash? The answer requires untangling no-fault benefits, liability coverage, the serious injury threshold, rental car agreements, and other factors all at once. Hiring a New York car accident lawyer might make it easier to navigate these complications and make informed decisions.
At Cassisi & Cassisi, P.C., we concentrate on personal injury law, which includes assisting clients after rental vehicle crashes and other road traffic events. Whether you are thinking of hiring a lawyer for a minor car accident claim or wondering about the serious injury threshold in New York, you can contact our team at (516) 294-5050.
Frequently Asked Questions
Our New York car accident lawyers often hear these questions about rental car accident injuries.
Does My Own Car Insurance Cover a Rental Car in New York?
Your own car insurance may extend to a rental car in New York. Review your existing liability and no-fault coverages to confirm the details.
How Long Do I Have To File a Claim After a Rental Car Accident?
You generally have 30 days to file a no-fault claim after a rental car accident in New York. The deadline to file a personal injury lawsuit would typically be three years.
Do I Need a Car Accident Lawyer for a Rental Car Injury Claim in New York?
Whether you need a New York car accident lawyer for a rental car injury claim depends on your situation. These cases can involve several overlapping insurance policies, so many people choose to speak with an attorney.
