Identifying who is at fault in a rental car accident in Kentucky can be tricky, depending on who caused the crash and the details of the rental agreement. Rental car accidents often raise extra questions about insurance coverage, rental company rules, and which driver holds responsibility for the damages. Knowing how Kentucky law looks at rental car accidents can help you protect your rights after a crash.
Because these cases can involve multiple insurance policies and legal complexities, speaking with a personal injury attorney in Lexington can help ensure your claim is handled properly and that you receive the compensation you deserve.
If the person driving the rental car caused the accident, they are typically the one held responsible. That includes situations where the driver was speeding, texting behind the wheel, or failed to yield the right of way. Even though the car belongs to a rental company, the person who signed the rental agreement is still expected to drive safely and follow traffic laws.
Rental companies may provide some coverage, but it is often limited. Most drivers either rely on their personal auto insurance or buy a damage waiver when they pick up the car. If someone was hurt, a personal injury claim can be filed against the rental driver’s insurance to recover medical costs, lost income, and other damages.
If someone else caused the crash, the rental driver has the right to pursue a claim against that other driver, just like they would if they were driving their own car. The fact that they were in a rental vehicle does not change how liability is determined.
That said, proving fault is key. Police reports, witness statements, and traffic camera footage all play a role in showing what happened. When fault is disputed, these personal injury cases can become much more complicated, especially when multiple insurance companies get involved.
In some cases, the rental car company is not just handing over the keys and walking away. If they rented out an unsafe vehicle, scheduled maintenance was skipped, or they ignored known mechanical issues, they could share responsibility for what happened. When a company puts a faulty vehicle on the road, that can be part of the problem.
The Graves Amendment usually protects rental companies from liability just because they own the car. However, there is an exception. If a mechanical issue tied directly to poor maintenance causes a crash, the company can still be held accountable. This becomes especially important when catastrophic injuries are involved since those cases often dig deeper into how and why the accident occurred.
Rental car accidents in Kentucky can trigger a confusing web of insurance coverage. Between the driver’s personal auto policy, the rental company’s basic coverage, optional supplemental policies, and even credit card benefits, there may be several sources of coverage in play. Figuring out who pays what takes experience and careful review.
Kentucky is a choice no-fault state according to Kentucky Revised Statutes § 304.39-040, so most claims start with Personal Injury Protection (PIP), even in a rental. That means your own policy usually pays for initial medical bills and lost wages, no matter who caused the accident. However, if the injuries are serious enough, the law allows you to pursue a separate personal injury claim to recover damages beyond what your PIP covers.
To navigate this complex process and ensure you’re pursuing all available compensation, contact a Lexington personal injury attorney at Gary C. Johnson Attorneys at Law, P.S.C.. Their team has the experience to help you understand your options and protect your rights after a rental car accident.