If you were driving the rental
Damage to the rental car is usually governed by the rental agreement and any damage waiver you bought, and your own auto policy or a credit card benefit may also respond. New York has rules that limit what a rental company can charge a renter for damage in some situations. For injuries, no-fault usually runs through the coverage on the rental car itself, while your own liability coverage often follows you into a rental, depending on the policies. Report the crash to the rental company and your insurer promptly, and keep the paperwork from the counter. Charges for loss of use or administrative fees sometimes follow, and those can be questioned.
If a rental car hit you
A federal law, often called the Graves Amendment, generally prevents a rental company from being held responsible just because it owns the car. The claim is usually against the renter and the renter's coverage. The rental company can still be responsible for its own negligence, such as renting out a car with a known defect it failed to repair. Getting the renter's insurance information early helps clarify who pays. No-fault benefits handle the early medical bills in the meantime. If the renter turns out to have no coverage of their own, the claim may need to look at your own policy, including uninsured or underinsured motorist coverage.
What we check first
We review the rental agreement, any waiver or supplemental coverage, and the policies on every vehicle involved. If the rental was for business travel, an employer's policy may matter too. Out-of-state rentals, and visitors renting in New York, raise questions about which state's rules apply. We sort out the property and injury pieces of a rental car accident separately so that neither one stalls the other. Visitors from abroad who rent here, or New Yorkers who rent while traveling, can find that a credit card benefit or travel policy covers one piece but not another.
