What Happens if You Crash While Driving a Rental Car in Utah?

You’re driving through the iconic red rocks of St. George or navigating the busy streets of Salt Lake City in a rental car when the unthinkable happens: a collision. Whether it’s a minor fender-bender or a serious multi-vehicle crash, an accident in a rental vehicle introduces layers of complexity that a standard car accident does not. You aren’t just dealing with your own insurance; you’re now navigating a three-way (or more) intersection between the rental agency, your personal insurer, and potentially a credit card provider.

If you find yourself in this stressful situation, you need to understand Utah’s specific laws regarding liability, “no-fault” insurance, and property damage. Navigating these claims requires precision to avoid being stuck with massive out-of-pocket bills for “loss of use” or “diminished value.” If you’ve been injured, consulting an experienced auto accident attorney in Utah is the most effective way to protect your rights and ensure the rental company doesn’t take advantage of the situation.

Immediate Steps: What to Do at the Scene in Utah

The moments following a rental car crash are critical. Because you’re driving someone else’s property under a strict legal contract, your actions at the scene will dictate how smoothly your insurance claim proceeds.

1. Prioritize Safety and Check for Injuries

First, ensure everyone is safe. In Utah, if there are injuries, you must call 911 immediately. Even if you feel fine, adrenaline can mask symptoms of whiplash, concussions, or internal trauma that may appear hours or days later.

2. Move to a Safe Location

Under Utah Code Ann. § 41-6a-401, if there are no injuries, you should move the vehicle to a “suitable location that does not obstruct traffic.” If injuries are involved, you must stop as close to the scene as possible without obstructing traffic more than necessary.

3. Contact the Police

You are legally required to report an accident to the police in Utah if it involves injuries, death, or property damage exceeding $1,500. For a rental car, an official police report is vital. Rental agencies and insurance providers rely on this objective documentation to determine fault and process claims.

4. Exchange Information

Collect the following from all parties involved:

• Full names and contact information
• Driver’s license numbers
• Insurance company names and policy numbers
• License plate numbers and vehicle details (make, model, year)
• Rental Information: Note the rental agreement number and the specific branch where you picked up the car

5. Document Everything

Use your smartphone to take high-quality photos and videos of:

• Damage to all vehicles involved
• The overall accident scene, including skid marks and debris
• Road conditions, traffic signals, and weather
• Any visible injuries

6. Notify the Rental Company Immediately

Most rental agreements require you to report any accident immediately. Look for the emergency number usually found in the glove box or on the rental contract. They will provide instructions on whether the car needs to be towed or returned to a specific location.

Understanding Utah’s “No-Fault” and Fault Laws

Utah is a unique legal environment for auto accidents. It operates under a “no-fault” system for medical expenses but a “fault-based” system for property damage.

Personal Injury Protection (PIP)

Regardless of who caused the crash, Utah law requires your own insurance—or the primary insurance on the rental—to provide Personal Injury Protection (PIP). This coverage pays for at least the first $3,000 of your medical bills. You can only pursue a liability claim against the at-fault driver for “pain and suffering” if your medical expenses exceed this $3,000 threshold or if the injuries meet specific criteria (such as permanent impairment or disfigurement).

Modified Comparative Negligence

When it comes to vehicle damage and injuries exceeding PIP limits, Utah follows a modified comparative negligence rule. You can recover damages as long as you are less than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $10,000, you would only receive $8,000.

If you’re dealing with a complex fault dispute, exploring our resources on car accidents can help you understand how these percentages are calculated.

The Four Layers of Rental Car Insurance Coverage

The biggest question after a rental car crash is: Who pays? The answer depends on the “layers” of insurance you had at the time of impact.

Layer 1: Rental Company Waivers

If you purchased the optional coverage at the counter, your financial exposure might be limited:

• Collision Damage Waiver (CDW) / Loss Damage Waiver (LDW): This is not technically insurance, but a contractual agreement where the rental company waives its right to charge you for damage to the vehicle. If you have this, you generally won’t pay for repairs unless the crash involved reckless behavior or a contract violation.
• Supplemental Liability Insurance (SLI): This increases your liability limits for injuries or property damage caused to others.
• Personal Accident Insurance (PAI): This covers medical bills for you and your passengers, similar to PIP or MedPay.

Layer 2: Your Personal Auto Insurance

If you have a personal auto policy in Utah, your collision and comprehensive coverage typically extend to rental cars. However, you will still be responsible for your deductible. Furthermore, using your personal policy can lead to increased premium rates in the future. You can learn more about how auto accidents in Utah affect your personal insurance through the Utah Insurance Department.

Layer 3: Credit Card Coverage

Many major credit cards offer rental car insurance if you used the card to book and pay for the rental. This is usually secondary coverage, meaning it only pays for what your personal insurance does not cover, such as your deductible. Be aware that most credit cards do not provide liability coverage for injuries to others.

Layer 4: The At-Fault Driver’s Insurance

If another driver caused the crash, their liability insurance is ultimately responsible for your injuries and the damage to the rental car. However, rental companies are notorious for charging the renter’s credit card upfront for damages and leaving the renter to seek reimbursement from the at-fault party’s insurer later.

The “Hidden” Costs of Rental Car Accidents

Even with insurance, you may be hit with unexpected fees that standard policies often exclude.

Loss of Use Fees

Rental companies make money by renting cars. If a car is in the shop for ten days, the agency will charge you for the revenue they lost during that time. These fees are calculated based on the daily rental rate, and many personal insurance policies do not cover them.

Diminished Value

A vehicle that has been in a major accident is worth less than one with a “clean” history. The rental company may bill you for this “diminution of value.” Utah law allows for diminished value claims, but they are notoriously difficult to prove and calculate without legal expertise.

Administrative Fees

Rental agencies often charge hundreds of dollars in “accident processing” or “claim filing” fees to handle the paperwork associated with the wreck.

What Happens if the Rental Car is Totaled?

If the damage is so severe that repair costs exceed the car’s market value, the rental company will declare it a total loss. In this nightmare scenario, if you do not have adequate coverage (like an LDW), you could be held personally liable for the entire market value of the vehicle—potentially $30,000 or more. This is why it’s critical to verify your coverage limits before ever driving off the lot.

Special Considerations for Business Travelers

If you were driving the rental car for work purposes, your personal auto policy may not apply. In these instances, your employer’s commercial insurance should be the primary coverage. If you were injured while on the clock, you may also have a claim through the Utah Labor Commission for workers’ compensation. Dealing with the intersection of employment law and auto liability is complex; an auto accident attorney in Utah can help untangle which policy should pay first.

How an Auto Accident Attorney in Utah Can Help

Dealing with a rental car company after an accident can feel like a David vs. Goliath battle. Rental agencies often use their own high-cost repair shops and refuse to negotiate on “Loss of Use” fees. If you were not at fault, you shouldn’t be stuck with these bills.

An attorney provides essential support by:

• Investigating the Crash: We gather police reports, witness statements, and surveillance footage to prove you were not at fault.
• Managing Multiple Insurers: We coordinate between your personal insurer, the rental company’s insurer, the at-fault driver’s insurer, and your credit card provider.
• Fighting Unfair Fees: We challenge “Loss of Use” and administrative charges that the rental company cannot adequately document.
• Maximizing Compensation: If you were injured, we fight for a settlement that covers medical bills, lost wages, and pain and suffering.

Utah Statute of Limitations

Do not wait to take action. In Utah, the statute of limitations for filing a personal injury claim is generally four years from the date of the accident. If the accident tragically resulted in a death, the “wrongful death” filing window is shortened to only two years. Missing these deadlines will permanently bar you from seeking compensation.

Common Myths About Rental Car Accidents

Myth 1: “My credit card covers everything.”

While many credit cards offer rental car coverage, this is typically secondary coverage that only applies after your personal insurance. Additionally, credit card coverage usually doesn’t include liability for injuries to others, loss of use fees, or administrative charges.

Myth 2: “The rental company’s insurance will cover me.”

Unless you specifically purchased the rental company’s insurance products (CDW/LDW, SLI, PAI), the rental company’s insurance only covers their liability, not yours. You remain personally responsible for damages unless you have other coverage in place.

Myth 3: “If I wasn’t at fault, I have nothing to worry about.”

Even if you weren’t at fault, rental companies routinely charge renters’ credit cards for all damages upfront, leaving you to seek reimbursement from the at-fault driver’s insurance. This process can take months, and you may need legal help to recover these funds.

Prevention: Steps to Take Before Renting a Car

The best time to deal with rental car accident complications is before you ever pick up the keys. Here are proactive steps to protect yourself:

• Review your personal auto insurance policy: Call your insurance agent to confirm whether your collision and comprehensive coverage extends to rental cars.
• Check your credit card benefits: Contact your credit card company to understand exactly what rental car coverage they provide.
• Document the rental car’s condition: Before driving off the lot, take photos and videos of the entire vehicle, noting any existing damage.
• Read the rental agreement carefully: Understand what you’re signing, including your responsibilities in case of an accident.
• Consider purchasing the CDW/LDW: While it may seem expensive, the peace of mind and financial protection can be worth it.

Protect Your Rights Today

Crashing a rental car doesn’t have to result in financial ruin. Whether you’re facing aggressive collection efforts from a rental agency or struggling with injuries from a negligent driver, London Harker Injury Law is here to help. We understand the nuances of the Utah Legal Code and how to stand up to corporate insurance adjusters.

If you’ve been involved in a rental car accident in Utah, contact us for a free consultation. Let an experienced auto accident attorney in Utah handle the legal burden so you can focus on getting back on the road.