Rental cars are frequently seen on Las Vegas roads due to the city’s high number of visitors. As a result, many people question what happens when a rental vehicle is involved in an accident, whether they collide with one or are driving one themselves. Understanding these situations is essential when seeking compensation for damages.
There are three potential sources of liability in a rental car accident. The driver of the rental vehicle may be at fault, the rental company could be responsible, or another party may bear liability. Because Nevada follows a modified comparative negligence rule, a person who is partially at fault may still recover damages from the other party’s insurance, provided their share of fault does not exceed 50%.
This article explains what steps to take after being involved in a rental car accident:
Most Common Rental Car Accident Types
Las Vegas is a high-traffic destination where rental vehicles are commonly used by visitors traveling to casinos, restaurants, nightlife venues, and other attractions. With the increased presence of rental cars on the road, accidents involving these vehicles occur more frequently. Some of the most common types include:
Rear-End Collisions: Often caused by sudden stops to view attractions, driver inattention, and heavy stop-and-go traffic.
Intersection Accidents: Commonly the result of drivers unfamiliar with local roads, failure to yield the right of way, or running red lights.
Distracted Driving: Occurs when drivers are focused on GPS directions, roadside advertisements, or conversations with passengers instead of the road.
DUI-Related Accidents: More likely due to the city’s active nightlife, which can lead some individuals to drive while impaired.
Pedestrian Accidents: High volumes of foot traffic, particularly along the Strip, increase the risk of vehicle–pedestrian collisions.
Who May Be Liable After a Las Vegas Rental Car Accident
After a car accident, responsibility may fall on several different parties, including the driver of the rental vehicle, the rental company, or the driver of another involved vehicle.
Rental Car Driver
If you are the rental car driver and caused the accident, you may be responsible for covering the damages suffered by others. In most cases, your personal auto insurance applies. If you do not have coverage, payment may come from the rental company’s policy, an optional protection plan you purchased, or benefits provided through a credit card.
Rental Car Company
Although uncommon, a rental car company may be held liable in certain situations. Under the federal Graves Amendment, rental companies are not automatically responsible simply because they own the vehicle. Liability may apply only when the company is directly negligent, such as failing to perform required maintenance or renting a vehicle to an unlicensed driver.
Other Third Party
In some situations, responsibility may rest partly or entirely with another third party. This could include another driver, a government-operated vehicle, or a vehicle parts manufacturer if a defect contributed to the crash. In these cases, a claim may be pursued against the at-fault party’s insurance based on the circumstances of the accident.
Establishing Responsibility After a Las Vegas Car Accident
After a rental car accident, a critical early step in pursuing a personal injury claim is identifying who was at fault. Nevada follows a modified comparative negligence system, allowing recovery even when you share some responsibility for the accident. To qualify, your fault must be 50% or less, and any compensation awarded will be reduced based on your percentage of fault. Having a Las Vegas car accident lawyer assist during this process can be especially beneficial.
Fault is evaluated using a combination of police reports, evidence of traffic law violations, rear-end collision analysis, physical and digital evidence from the scene, witness statements, and input from accident reconstruction specialists.
How Insurance Applies in Las Vegas Rental Car Accidents
If you are involved in an accident while driving a rental car, several types of insurance may apply. All rental companies are required to carry at least the state minimum liability insurance, although these limits are lower and many personal auto policies offer greater coverage.
If you are at fault, damages are usually covered by your personal insurance. If you do not have coverage, the rental company’s insurance or any temporary coverage you purchased may apply. If another driver is at fault, their insurance is responsible for the damages. When both parties share fault, you may recover damages from both your insurance and the other party’s insurance.
Statute of Limitations to File Personal Injury Claims in Rental Car Accidents
If you are involved in a rental car accident in Nevada, it is important to know that you typically have two years from the date of the accident to file a personal injury claim. This deadline is called the statute of limitations, and not taking action within this time frame may cause you to lose the right to pursue compensation.
If the deadline is missed, the court will likely dismiss the claim. In certain situations, exceptions or extensions may apply, such as when the full extent of an injury is discovered after the accident under the “discovery rule.” If there is any uncertainty about whether the statute of limitations has expired, consulting a Las Vegas personal injury lawyer as soon as possible is advisable.
It is also important to collect evidence promptly, including police reports, witness statements, photographs, and medical records, to support the claim. Reaching out to an attorney early can help ensure deadlines are met and protect the ability to pursue full compensation.
Seeking Legal Guidance After a Las Vegas Car Accident
If you are injured in a car accident in Las Vegas, you may have questions about how to pursue full compensation for your damages, particularly if you were not at fault and an insurance company is disputing responsibility. An experienced Las Vegas personal injury lawyer can help explain the claims process, handle negotiations with insurers, and provide representation if the matter proceeds to litigation.
