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Founding Member & Managing Partner at Gina Corena & Associates
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Rental cars are everywhere in Las Vegas. Tourists, business travelers, and locals use them every day, and with busy roads, unfamiliar routes, and constant traffic, accidents are bound to happen. If you were injured in a rental car crash, one of the first questions is simple: who pays for the damage and your injuries?
The answer depends on several factors, including who caused the crash and what insurance applies. A rental car accident can involve the at-fault driver’s insurance, the renter’s own auto policy, rental company coverage, credit card benefits, or a loss damage waiver purchased with the rental.
In some cases, more than one policy may apply. A Las Vegas car accident attorney can help identify every available source of coverage and deal with the insurance companies on your behalf.
This guide explains who is responsible after a rental car accident, when the rental company may be liable, how different insurance policies work together, and what steps you should take to protect your claim under Nevada law.
In a typical rental car accident, more than one party may share responsibility for your damages. Sorting out who pays starts with one question every Nevada injury claim turns on: Who was at fault?
There are usually four sources of money to consider:
Because these sources overlap, two insurers will often argue about who pays first. That fight should not slow down your recovery, but it is one reason rental claims drag out.
In most cases, you cannot hold a rental car company responsible just because it owns the vehicle. That is because of the Graves Amendment (49 U.S.C. § 30106), a federal law that protects rental and leasing companies from liability when a renter causes a crash.
The law does not protect a rental company from its own negligence.
It may still be liable if it:
In most rental car crashes, the focus stays on the at-fault driver, not the rental company. However, if the company’s own actions contributed to the crash, it may also share responsibility.
When the renter is at fault, more than one insurance policy may apply. In many cases, the renter’s personal auto insurance pays first, while rental car coverage or certain credit card benefits provide additional protection if needed.
If the available coverage is not enough to pay for your injuries and losses, other policies may come into play. Nevada’s minimum liability limits are often too low for serious crashes, so it is sometimes necessary to pursue multiple sources of coverage. If those policies still do not fully cover your damages, your own uninsured or underinsured motorist coverage may help make up the difference.
If the at-fault driver and all available coverage still fall short, your own uninsured and underinsured motorist coverage may help close the gap.
The loss-damage waiver (LDW), sometimes called a collision-damage waiver, is the add-on that the counter agent pushes hardest. It is important to understand what it does and does not do.
An LDW is not really insurance. It is the rental company agreeing not to charge you for damage to the rental car itself if it is wrecked or stolen, often with conditions. That can save the renter a big repair bill. But an LDW generally does not pay for injuries to other people or damage to other vehicles. That is what liability coverage is for.
So if you are the injured victim of a renter’s crash, the renter’s LDW usually does nothing for you. Your claim runs against the at-fault driver’s liability coverage, their personal policy, or any liability protection they bought separately, not the waiver that only protects the rental car’s sheet metal.
If you rented a car in Las Vegas and caused an accident, the same rules about coverage order apply to you. Your personal auto liability insurance generally pays first, then any supplemental liability coverage you bought from the rental company, and you should also check your credit card.
Many cards include rental car benefits when you pay with that card, though they often cover damage to the rental more than injuries to others, so read the fine print.
Whether you were the renter or the person hit by one, the steps after any crash are the same: get medical care, report the accident, document the scene, and be careful about what you say to insurers. Nevada drivers must also file an SR-1 report with the DMV within 10 days when a crash causes injury, death, or property damage over $750.
You can read more in our guide to reporting a car accident in Nevada.
Nevada uses modified comparative negligence (NRS 41.141). You can still recover compensation as long as you are not more than 50% at fault, but your recovery is reduced by your share of the blame. If you are found 51% or more at fault, you recover nothing.
This matters in rental crashes because insurers love to shift blame onto the injured person to cut what they owe. Solid evidence, such as the police report, photos, witness statements, and dashcam or surveillance video, helps lock down fault, so a fair number is harder to dispute. For more on building that record, see our overview of the evidence that makes a car accident case strong.
Usually not just for the renter’s driving. The Graves Amendment blocks holding a rental company responsible simply because it owned the car. You can still pursue the company if its own negligence played a part, such as renting to an unfit driver or failing to maintain the vehicle.
Often, yes. Many personal auto policies follow the driver into a rented vehicle, so your liability and collision coverage may apply. Coverage varies by policy, so confirm the details with your insurer before relying on it.
No. A loss-damage waiver only covers damage to the rental car itself. It does not pay for injuries to other people or damage to other vehicles. Those losses fall under liability coverage instead.
In most cases, the at-fault driver’s personal auto policy pays first, with rental-counter or credit card coverage acting as backup. When losses are severe, more than one policy may be tapped until your damages are fully covered.
Most personal injury claims in Nevada have a two-year deadline from the date of the crash. Property-damage claims can have a longer window. Deadlines have exceptions, so confirm yours with a lawyer as soon as possible.
A rental car crash adds layers of insurance and a federal law most people have never heard of to an already stressful injury. You do not have to figure out the coverage order, the Graves Amendment, and the waivers on your own. At Gina Corena & Associates, we handle the insurers so you can focus on healing.
Call (702) 680-1111 anytime, day or night, for a free consultation in English or Spanish. There is no fee unless we win your case. You can also reach our team online to talk through what happened and your options.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
