Atlanta’s busy streets, congested highways, and major events bring in visitors from all over the country, and many rely on rental cars to get around. When a rental car driver causes harm, figuring out who is responsible and what insurance coverage applies can be far more complex than a typical vehicle injury case. If you’ve been injured by someone behind the wheel of a rental car in Georgia, there are critical legal and insurance issues you need to understand right away.
Who Is Liable When a Rental Car Causes Harm?
In Georgia, the at-fault driver is typically responsible for the injuries and damages they cause. This rule still applies when the at-fault driver is operating a rental vehicle. However, identifying which insurance policy applies—and whether it provides enough coverage—can quickly become complicated.
Here are the potential sources of coverage:
- The driver’s auto insurance policy (if it extends to rental vehicles).
- The rental car company’s insurance applies if the driver purchased supplemental coverage.
- A credit card policy, if coverage was provided through the card used for the rental.
- The injured party’s uninsured/underinsured motorist (UM/UIM) policy, if the other policies fall short.
Each source may deny coverage or point fingers at the others, leaving injured individuals caught in the middle.
Georgia’s “Graves Amendment” and the Rental Company’s Responsibility
Some assume they can sue the rental car company for damages because they own the vehicle. However, federal law limits this. Under the Graves Amendment, rental companies cannot be held liable for harm caused by someone renting one of their vehicles—unless the company itself was negligent, such as renting out a car with known safety issues or failing to maintain the vehicle properly.
This makes it even more critical to identify what coverage the driver had in place at the time of the incident.
Common Gaps in Coverage
One of the most frustrating aspects of rental car cases is discovering that the driver who caused harm purchased minimal or no supplemental insurance, and their auto policy doesn’t extend to rentals, or they have no personal insurance. In these cases, injured parties are often left facing large medical bills and unpaid losses with no clear source of compensation.
Even if the driver purchased supplemental liability insurance from the rental company, those policies may cap coverage at amounts far below what is needed for serious injuries.
So, what should you do after being hit by a rental car driver?
- Get the rental agreement information and the name of the rental company.
- Request all insurance details from the driver, including personal and rental-provided coverage.
- Document the scene with photos, witness information, and a police report.
- Contact an attorney to start the investigation before evidence disappears or claims are denied.
Why Choose Ashby Thelen Lowry
At Ashby Thelen Lowry, our Atlanta personal injury attorneys understand how to navigate the insurance maze that comes with rental vehicle injury claims. We move quickly to identify all liable parties and sources of compensation, and we’re prepared to challenge denials, delays, and finger-pointing tactics.
If you’ve been hurt by a rental car driver in Atlanta, contact us today. We offer free consultations and only get paid if we help you recover.