Hit by a Tourist or Rental Car Driver in San Diego?

What Happens If the Driver Who Hit You Was Visiting San Diego or Driving a Rental Car?

San Diego attracts millions of visitors for beaches, events, business trips, and vacations. Many of those visitors drive their own cars into the county or rent vehicles after they arrive.

If a tourist or rental car driver causes a crash, you may still have a personal injury case. The fact that the driver lives outside California does not excuse careless driving or prevent you from seeking compensation.

The main challenge is often finding the right insurance coverage.

A rental car crash may involve the driver’s personal auto policy, insurance purchased through the rental company, an employer’s policy, or your own uninsured or underinsured motorist coverage.

At Phillips & Pelly, our San Diego car accident lawyers review each source of coverage. We also gather the rental agreement, insurance records, crash evidence, and details about why the driver was in San Diego.

Do You Have a Case Against a Driver Who Was Visiting San Diego?

You may have a case if the visiting driver failed to use reasonable care and caused your injuries.

The same basic questions apply whether the driver lives in San Diego, another state, or another country:

• Did the driver cause the crash?
• Were you injured?
• Can the evidence connect your injuries to the accident?
• Is there insurance or another source of payment?

A visitor may cause a crash by speeding, making an unsafe turn, running a red light, looking at a navigation app, or driving while impaired.

Tourists may not know the area well. They may miss a turn, stop without warning, or enter the wrong lane. That does not make every tourist responsible for a crash. It may matter, though, when unfamiliarity leads to careless driving.

The location may also provide useful evidence. Crashes near hotels, parking garages, restaurants, rental car centers, and tourist sites may be recorded by security cameras.

What If the Driver Was Using a Rental Car?

A rental car does not prevent you from bringing a claim.

The driver may still be responsible for injuries caused by careless driving. The harder question is often which insurance policy must respond.

Possible sources of coverage may include:

• The renter’s personal auto insurance
• Liability insurance purchased with the rental
• Coverage provided under the rental agreement
• An employer’s auto or business policy
• Your uninsured motorist coverage
• Your underinsured motorist coverage

California allows rental car agents to offer liability insurance for renters and other authorized drivers. This coverage may apply to injuries caused by the careless use of the rental vehicle during the rental period.

Coverage varies from one rental agreement and insurance policy to another. An attorney may need to review the documents before anyone can confirm which insurer must pay.

Is the Rental Car Company Responsible?

The rental company is not always responsible just because it owns the vehicle.

In many cases, the claim focuses on the driver and the insurance that covered the rental. A rental company may not be responsible for every careless act committed by a renter.

There may be other questions, though.

For example:

• Did the company rent the car to an unlicensed driver?
• Did it know the driver should not have been driving?
• Did a vehicle problem help cause the crash?
• Was the car maintained in a safe condition?
• Did the company provide or sell liability coverage?

These facts may require more investigation.

Do not assume that the rental company must pay. Do not assume it has no role, either. The rental agreement, driver records, vehicle history, and insurance documents may help answer that question.

What If the Driver Used Personal Auto Insurance?

A driver’s personal auto policy may cover the driver while using a rental car, but coverage depends on the policy.

The California Department of Insurance warns consumers that rental car coverage under a personal auto policy depends on the language of that policy. Drivers should review their terms or speak with their insurer before renting a vehicle.

After a crash, the driver’s insurer may need to confirm:

• Whether the policy was active
• Whether it covers rental vehicles
• Whether the renter was an authorized driver
• Whether any exclusions apply
• The amount of liability coverage available

This review can take time.

The insurer may also argue that another policy should pay first. When several insurers are involved, each company may try to limit its share of the claim.

Your attorney can request the policies and determine how the available coverage may apply.

What If the Driver Bought Insurance at the Rental Counter?

Rental companies may offer several products when a customer picks up a vehicle.

Not all of them cover injuries caused to another person.

A collision damage waiver often relates to damage to the rental vehicle. It does not always provide liability coverage for injuries caused to someone else.

The rental company may also offer separate liability insurance. The California Department of Insurance explains that rental car agents may offer liability coverage for renters and authorized drivers.

The names of these products can sound alike. The terms can also differ between rental companies.

The rental agreement may show:

• Which coverage the driver accepted
• Which coverage the driver declined
• Who was allowed to drive the vehicle
• When the rental period began and ended
• Which insurer or claims company handles the loss

A copy of that agreement can be an important part of the case.

What If the Driver Was in San Diego for Work?

An employer may share responsibility when a worker causes a crash while performing job duties.

This issue may arise when the driver was:

• Traveling to a client meeting
• Making a delivery
• Attending a work event
• Driving between job sites
• Using a rental car paid for by an employer
• Completing another task for the company

The fact that the trip involved work does not prove that the employer is responsible. The details matter.

An attorney may review expense reports, rental records, work schedules, emails, and the purpose of the trip. These records can help show whether the driver was acting within the scope of the job.

Employer coverage may be important when the driver’s personal insurance is limited.

What If the Visiting Driver Leaves California?

A driver cannot avoid a claim by returning home after the crash.

The driver’s location may make communication and service more complex, but it does not erase the accident.

This is one reason it helps to collect complete information at the scene. Try to obtain:

• The driver’s full name
• Home address
• Phone number
• Driver’s license information
• Insurance details
• Rental company name
• Rental agreement information
• Vehicle plate number
• Names of any passengers

The police report may contain some of this information, but it may not contain everything.

Photos of the driver’s license, insurance card, rental paperwork, and vehicle can help confirm the details later.

What Makes This Type of Car Accident Case Stronger?

A strong claim shows how the crash happened, why the other driver was responsible, and how the accident affected you.

Helpful facts may include:

• The police report supports your account
• A witness saw the crash
• Video shows what happened
• The driver admitted fault
• The driver received a citation
• Vehicle damage matches your version
• You received medical care after the crash
• Your medical records connect your injuries to the accident

Rental car crashes may involve added records that are not present in a typical case.

These may include:

• The rental agreement
• Insurance products purchased with the rental
• The list of authorized drivers
• Rental pickup and return records
• Vehicle maintenance records
• Employer travel documents
• Credit card or booking records

An attorney can request these records before they become harder to obtain.

What Will the Insurance Company Question?

The insurance company may not dispute that the crash happened. It may still challenge fault, coverage, or the value of your injuries.

The insurer may claim:

• You caused part of the crash
• The driver was not covered
• Another insurer must pay first
• Your injuries existed before the accident
• Your treatment was not needed
• You waited too long to get medical care
• Your lost income is not supported
• The policy limits the amount available

Several insurance companies may be involved. Each one may have its own adjuster, forms, and requests.

Be careful about giving a recorded statement before you know which company you are speaking with and whose interests it represents.

You can speak with a lawyer before signing releases, giving broad access to your medical records, or accepting an early settlement.

What If the Driver Has Little or No Insurance?

A visitor or renter may not have enough liability coverage to pay for the full harm caused by the crash.

Your own uninsured or underinsured motorist coverage may become important.

The California Department of Insurance explains that uninsured motorist coverage may help when an at-fault driver has no liability insurance. Underinsured motorist coverage may help when the driver does not have enough insurance to cover the bodily injury losses.

Whether this coverage applies will depend on your policy and the facts of the crash.

A claim under your own policy can still involve disputes. Your insurer may question fault, medical care, or the value of the claim.

Phillips & Pelly can review the driver’s coverage and your own policy to identify the available options.

What Should You Do After a Rental Car Accident?

Focus first on your health and safety.

Call 911 if anyone is hurt. Get medical care. Exchange information and take photos if you can do so safely.

Try to photograph:

• All vehicles
• The rental car’s plate
• Damage to each vehicle
• The accident scene
• Traffic signs and signals
• Insurance cards
• Rental paperwork
• The driver’s license

Do not argue about insurance at the scene. The driver may not know which policy applies.

You can find more steps in our guide on what to do after a San Diego car accident.

Speak With Phillips & Pelly After a Rental Car Accident

A crash involving a tourist or rental vehicle can create more insurance questions than a normal accident.

You may need to identify the driver’s personal policy, rental coverage, employer insurance, and your own uninsured or underinsured motorist benefits.

Phillips & Pelly has represented injured people throughout San Diego County since 1997. The firm’s attorneys have more than 90 years of combined experience and have recovered over $200 million for accident victims.

Our attorneys can investigate the crash, obtain the rental records, identify the available insurance, and handle the claim while you focus on your medical care.

Review our case results or contact Phillips & Pelly for a free case evaluation.

Call 858-999-8005 today.

No Win, No Fee. If we accept your case and do not recover compensation for you, you owe no attorney fees.