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Written By:
Christopher Nicolaysen
Christopher Nicolaysen

Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.

Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.

Injured in a Rental Car Accident? Contact Springs Law Group

A Colorado rental car accident lawyer from Springs Law Group can help you understand your rights after a crash involving a rental vehicle, whether you were driving one or were struck by a rented car.

These cases often involve overlapping insurance policies, complex liability questions, and federal laws that protect rental companies from certain claims.

Springs Law Group provides clear legal guidance to help injured clients recover compensation through the right combination of insurance coverage and personal injury law.

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Hire an Experienced Attorney for Your Rental Car Accident Claim

A Colorado Rental Car Accident Lawyer from Springs Law Group can help you make sense of the confusion that often follows a crash involving a rented vehicle.

Whether you were driving a car from a major rental car company like Hertz or Enterprise, or using a peer-to-peer platform such as Turo, liability and coverage questions can quickly become complicated.

In most cases, the terms of the rental agreement and any rental car insurance policies (including personal accident insurance or a collision damage waiver) determine who is financially responsible for the damage.

But when an accident is caused by another driver, fault may shift to the other driver’s insurance company, and your own auto insurance policy or credit card benefits may come into play.

Because rental vehicles involve multiple layers of coverage and unique state and federal laws, even a straightforward crash can turn into a complex rental car accident case.

Rental car drivers may discover that liability coverage only extends to state minimums or that personal insurance excludes rentals altogether.

Victims injured in or by a rental car often need legal help to interpret conflicting insurance obligations and determine when to pursue legal action.

Springs Law Group works to uncover every available source of compensation (whether through a rental company, personal policy, or negligent driver) to help clients recover fully after a serious accident.

If you or a loved one were injured in a crash involving a rental vehicle, whether through Hertz, Enterprise, Turo, or another rental car company, contact Springs Law Group to discuss your rental car accident case and explore your options for compensation.

Reach out to us for a free consultation with a rental car accident attorney.

Table of Contents

Understanding Rental Car Accidents in Colorado

When a rental car accident occurs, determining who is responsible and how to recover your losses can be far more complicated than a standard crash involving your own car.

Colorado follows an at-fault insurance system, meaning the driver who caused the collision is generally responsible for paying damages, but when a rental is involved, multiple insurance providers and overlapping policies can complicate the claims process.

Each party’s insurance claim (from the rental car company to your own insurance) must be carefully reviewed to identify every source of coverage.

Most companies like Hertz, Enterprise, and Turo offer additional insurance options when you rent a vehicle.

Understanding Rental Car Accidents in Colorado

These may include:

However, these add-ons rarely cover every loss.

Depending on the situation, your own insurance may also apply, especially if your policy includes rental car coverage or if you used a credit card that offers supplemental protection.

Still, policy limits and exclusions vary widely, and renters often discover that their coverage does not extend to every expense or category of damage.

An attorney can help you evaluate overlapping policies, communicate with insurance providers, and seek compensation for medical bills, property damage, lost money, and other financial losses stemming from the crash.

Who Pays After a Rental Car Accident in Colorado?

When rental car accidents happen, the first question most drivers ask is who will pay for the damage.

In Colorado, payment responsibility depends on fault, the type of coverage available, and the specific fact patterns of the crash.

If the other party caused the accident, their insurance is typically responsible for covering your injuries and property damage.

But when liability is disputed or the at-fault driver is uninsured, payment often shifts between multiple applicable insurance policies: your own, the rental company’s, or coverage purchased through a credit card company or supplemental plan.

Each situation is unique.

For instance, if a renter declines additional insurance and causes a crash, the rental company may first pay up to the state minimum and then pursue reimbursement from the renter or their own insurance.

If another driver hits the rental, the renter’s personal policy or credit card protection may help while the at-fault driver’s insurer is investigated.

These overlapping coverages can make it difficult to know which insurance provider will issue payment first.

In most cases, the order of responsibility follows a general pattern: the at-fault driver’s insurance pays first, the rental company’s policy or self-insurance fills mandatory coverage gaps, and the renter’s personal or credit card coverage handles remaining losses.

Understanding these layers is crucial when filing a claim, as missing a single applicable policy could mean losing access to significant compensation.

An experienced attorney can review all potential coverage sources, negotiate with multiple insurers, and help secure full payment for medical costs, repairs, and other damages after a rental car accident.

Types of Rental Car Accidents and How Liability Is Determined

Every rental car crash unfolds differently, and the way liability is assigned depends on who caused the accident, what vehicles were involved, and which insurance policies apply.

When an accident is caused by a negligent driver (whether it’s the renter or someone operating other cars), Colorado’s at-fault laws determine which party is financially liable for resulting injuries and damages.

Fault can also be shared between drivers if both contributed to the event, making it crucial to examine the evidence, police report, and insurance coverage closely before filing a claim.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined

Common types of rental car accidents include:

  • Hit by a rental car: You were driving your own vehicle, biking, or walking when a rental car struck you.
  • Injured while driving a rental car: Another driver caused the accident, and you suffered injuries or vehicle damage while operating the rented vehicle.
  • Rental car accident with an uninsured or underinsured driver: The at-fault motorist has limited or no coverage, requiring claims through your own UM/UIM policy.
  • Passenger injured in a rental vehicle: You were a passenger in a rental car that crashed due to the driver’s negligence or the fault of other cars on the road.
  • Collision involving multiple vehicles: Several drivers share responsibility for the event, and insurance providers must determine comparative fault.
  • Rental company negligence: The accident was caused by mechanical failure, poor maintenance, or the company renting a vehicle to an unsafe driver.

Because each type of crash involves unique laws and insurance challenges, proving who is liable often requires gathering evidence from multiple sources: witness statements, police records, rental agreements, and insurance documentation.

An attorney familiar with Colorado rental car cases can identify which policies apply, coordinate communication between insurers, and help victims recover the full amount they’re entitled to under state law.

Determining Fault and Insurance Coverage After a Rental Car Crash

After a rental car accident, determining who is at fault is the first and most important step in recovering compensation.

Colorado uses a modified comparative negligence system, which means each driver’s actions are evaluated to determine how much they contributed to the event.

If a driver is found to be 50% or more responsible for the accident caused, they cannot recover damages.

This rule applies equally to rental car drivers, other motorists, and even passengers involved in multi-vehicle collisions.

Proving fault requires evidence.

Insurance adjusters and attorneys rely on police reports, witness statements, dashcam or surveillance footage, and photographs of the scene to establish who was negligent.

The rental agreement can also play a crucial role, especially when questions arise about who was authorized to drive the vehicle or whether the car was properly maintained by the rental car company.

Once fault is established, the next step is identifying which insurance coverage applies.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined; Determining Fault and Insurance Coverage After a Rental Car Crash

This may include:

  • The renter’s personal auto insurance policy, which often covers liability and sometimes physical damage to the rental car.
  • The rental car company’s insurance, which may provide minimal liability coverage under state law.
  • Credit card insurance, which may cover collision damage if the rental was paid for using that card.
  • The other driver’s insurance, if the other party caused the crash.
  • Optional personal accident insurance or collision damage waivers purchased at the rental counter.

Sorting through these overlapping policies can be challenging, as each insurer may attempt to limit its payout or deny primary responsibility.

A Colorado Rental Car Accident Lawyer from Springs Law Group can analyze the applicable coverage layers, determine which provider is legally obligated to pay first, and help you recover compensation for medical expenses, lost wages, and property damage after the accident.

Do You Qualify for a Rental Car Accident Claim?

You may be eligible to file a rental car accident claim if you were injured in a crash involving a rented vehicle and another party’s negligence played a role.

Qualification depends on several factors, including whether you were an authorized driver under the rental agreement and held a valid driver’s license at the time of the crash.

Victims can pursue claims whether they were operating the rental, riding as a passenger, or struck by a rental car driven by someone else.

Even if fault is disputed, you still have legal options to recover compensation for medical bills, lost income, and vehicle damage.

In Colorado, you can file a personal injury claim against the negligent driver or a rental car company if its own misconduct (such as negligent maintenance or entrustment) contributed to the accident.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined; Determining Fault and Insurance Coverage After a Rental Car Crash; Do You Qualify for a Rental Car Accident Claim

Those who purchased optional coverage, like a collision damage waiver or personal accident insurance, may also have additional avenues for recovery.

It’s important to act quickly, as evidence can fade and insurers may dispute liability.

A lawyer familiar with Colorado’s rental car accident laws can assess your eligibility, explain your legal options, and help you pursue the compensation you deserve.

Gathering Evidence for a Rental Car Accident Case

Building a strong rental car accident case requires clear, well-documented proof of what happened and who is at fault.

Evidence not only supports your insurance claim but also strengthens your position if you decide to pursue legal action.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined; Determining Fault and Insurance Coverage After a Rental Car Crash; Do You Qualify for a Rental Car Accident Claim; Gathering Evidence for a Rental Car Accident Case

Both the renter and any injured party should collect as much information as possible immediately after the crash, including:

  • Photos and videos of vehicle damage, skid marks, and road conditions
  • The rental agreement and any rental car insurance policies purchased
  • Contact and insurance information for all drivers involved
  • A copy of the driver’s license and rental documentation of the renter
  • Witness names and statements
  • The official police report and accident number
  • Medical records and receipts for related expenses
  • Correspondence from insurance providers regarding the claim

Damages in Rental Car Accident Claims

A rental car crash can lead to significant financial and personal losses, many of which go beyond immediate vehicle repairs.

In Colorado, victims may be entitled to recover both economic and non-economic damages depending on the severity of the accident caused and the impact on their lives.

A detailed damage assessment helps determine how much compensation you may claim through the applicable insurance policies or a personal injury lawsuit.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined; Determining Fault and Insurance Coverage After a Rental Car Crash; Do You Qualify for a Rental Car Accident Claim; Gathering Evidence for a Rental Car Accident Case; Damages in Rental Car Accident Claims

Common damages in a rental car accident claim include:

  • Medical expenses for emergency care, hospitalization, and rehabilitation
  • Lost wages and diminished earning capacity due to injury
  • Property damage to your rental car or own car involved in the crash
  • Out-of-pocket expenses, including rental fees or transportation costs while the claim is pending
  • Pain and suffering related to physical and emotional trauma
  • Loss of enjoyment of life for long-term or disabling injuries
  • Emotional distress caused by the event or recovery process
  • Wrongful death damages when a loved one is fatally injured in a rental car collision

Springs Law Group: Rental Car Accident Lawyer

A rental car accident can leave you overwhelmed with medical bills, insurance disputes, and unanswered questions about who should pay.

Springs Law Group helps clients cut through the confusion, identify every applicable source of coverage, and fight for the compensation they deserve.

Understanding Rental Car Accidents in Colorado; Types of Rental Car Accidents and How Liability Is Determined; Determining Fault and Insurance Coverage After a Rental Car Crash; Do You Qualify for a Rental Car Accident Claim; Gathering Evidence for a Rental Car Accident Case; Damages in Rental Car Accident Claims; Springs Law Group_ Rental Car Accident Lawyer

Whether the accident was caused by another driver, a rental company’s negligence, or unclear insurance terms, the firm provides the legal guidance needed to protect your rights and recover your losses.

If you or a loved one were injured in a rental car crash in Colorado, don’t wait to understand your legal options.

Contact Springs Law Group today for a free consultation and let an experienced Colorado Rental Car Accident Lawyer help you seek compensation for your medical expenses, lost income, and pain and suffering.

Frequently Asked Questions

  • What types of insurance coverage apply to rental car accidents?

    When a rental car accident occurs, multiple insurance policies may come into play, each with different rules, limits, and exclusions.

    Understanding these layers of protection can help you determine where to file a claim and how to recover your losses.

    Below is a breakdown of the most common types of insurance coverage involved in rental car accident cases:

    • Personal Auto Insurance: Your own insurance often extends liability and collision coverage to rental cars, depending on your policy terms.
    • Rental Car Company Insurance: Most major rental companies offer basic liability coverage to meet Colorado’s minimum legal requirements.
    • Collision Damage Waiver (CDW): A rental agreement add-on that waives your financial responsibility for damage to the rental vehicle itself, excluding injuries or property damage to others.
    • Personal Accident Insurance (PAI): Covers limited medical expenses for the renter and passengers if an accident occurred.
    • Personal Effects Coverage (PEC): Reimburses for belongings lost, stolen, or damaged inside the rental car.
    • Credit Card Coverage: Many credit cards offer additional insurance for rentals paid with the card, typically covering vehicle damage but not injuries or third-party claims.
    • Uninsured/Underinsured Motorist (UM/UIM): Protects you if the other driver’s insurance company cannot fully cover your damages after an accident caused by an uninsured or underinsured driver.
    • Medical Payments (MedPay): Pays medical bills for you and your passengers, regardless of fault, if included in your auto insurance policy.

    In most cases, these policies overlap, and knowing which applies first can make a major difference in how quickly you recover compensation.

    A Colorado Rental Car Accident Lawyer from Springs Law Group can review your coverages, help coordinate between insurers, and guide you through the claims process efficiently.

  • What should I do after a rental car accident in Colorado?

    After a rental car accident, your first priority should always be safety.

    Move to a secure location if possible and call 911 to report the crash and request medical attention for anyone injured.

    Once everyone is safe, exchange contact and insurance information with the other driver and document the scene with photos or videos.

    You should also notify both the rental car company and your own insurance provider as soon as possible.

    Delays can complicate the claims process or violate the rental agreement.

    Be sure to request a copy of the police report, as it can serve as valuable evidence in proving who caused the accident.

    Finally, contact a Colorado Rental Car Accident Lawyer to review your legal options before accepting any settlement from an insurance company.

  • Can I sue a rental car company after an accident?

    In some situations, yes you can pursue legal action against a rental car company if its own negligence contributed to the crash.

    While federal law under the Graves Amendment protects companies like Hertz or Enterprise from automatic liability simply because they own the vehicle, they can still be held accountable for misconduct such as renting to an unlicensed driver, failing to maintain the vehicle, or ignoring known safety issues.

    To succeed, you must show that the company’s direct negligence (not just the renter’s actions) caused the accident.

    These cases require careful review of maintenance logs, employee records, and the rental agreement.

    A skilled attorney can investigate whether the company’s conduct meets Colorado’s legal standard for negligence and help you seek compensation for your injuries and losses.

  • Will I get a replacement vehicle after a rental car accident?

    If your rental car is damaged in an accident, you may be entitled to a rental vehicle comparable to the one you originally rented while repairs or claim evaluations are underway.

    Whether this replacement is covered depends on who caused the accident and which insurance policies apply.

    When another driver is at fault, their insurance company is generally responsible for covering the cost of a comparable rental until your claim is resolved.

    If you were driving the rental at the time of the crash, coverage may come from your own insurance, the rental car company’s policy, or optional additional insurance purchased at the counter.

    Always check your rental agreement for terms related to replacement vehicles, as some contracts limit how long coverage lasts or cap the daily reimbursement amount.

  • What is the legal process after a rental car accident in Colorado?

    Filing a rental car accident claim in Colorado involves several key steps that determine how fault, coverage, and compensation are handled.

    The process can vary depending on who caused the accident, the type of rental agreement, and which insurance providers are involved.

    Below is a general outline of what to expect:

    • Report the accident immediately. Notify law enforcement, the rental car company, and your own insurance provider as soon as the crash occurs.
    • Gather evidence. Collect photos, witness information, and all documentation related to the rental and insurance policies.
    • Seek medical evaluation. Even minor injuries should be documented by a healthcare professional to support your claim.
    • Determine liability. Attorneys and insurers will assess which party is liable and what coverage applies under state and federal law.
    • File insurance claims. Claims are submitted to the responsible insurer(s), including the other driver’s insurance company, your personal policy, or the rental company’s plan.
    • Negotiate settlement offers. Once fault is established, your lawyer can negotiate with insurers for full compensation of your damages and expenses.
    • Pursue legal action if necessary. If negotiations fail or liability is disputed, a personal injury lawsuit may be filed in Colorado court to recover fair damages.

Written By:

Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.

The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.

Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.

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About Springs Law Group
The lawyers at Springs Law Group have experience handling diverse personal injury cases with empathy and understanding.
We recognize the delicate nature of these claims and tailor strategies to meet your unique requirements, focusing on smart — not emotional — strategies.
Our team is committed to building long-lasting, trust-based client relationships.
We believe this approach helps ensure that choosing us means partnering with a firm that genuinely values you as a person — not just another client.
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