Rental Car Accidents in Myrtle Beach: Who Pays When a Visitor Causes a Crash?

A Myrtle Beach rental car accident can involve more insurance questions than a typical two-car collision. The driver may live in another state, the vehicle may belong to a national rental company, and coverage may come from the driver's personal auto policy, a rental agreement, purchased rental coverage, a credit-card benefit, or another source.

The first question is still fault: who caused the crash? The second is coverage: which person or company has a legal or contractual obligation to pay covered losses?

Is the Rental Car Company Automatically Responsible?

No. A rental company is not automatically responsible merely because it owns the vehicle. Federal law generally limits claims that seek to hold a rental or leasing company liable solely because it owns a vehicle rented to someone else. However, that does not eliminate every possible claim involving a rental company.

A rental company may still become relevant when its own conduct is alleged to have contributed to the harm, such as negligent maintenance or another independent act of negligence. Whether such a claim exists depends on the evidence.

Which Insurance May Cover a Myrtle Beach Rental Car Crash?

Potential coverage sources can include:

• The rental driver's personal auto insurance. Some personal policies extend certain coverages to temporary rental vehicles, subject to the policy terms.
• Liability protection connected to the rental. The rental agreement may provide or offer coverage, and the details vary.
• Additional coverage purchased at the rental counter. The names and scope of these products differ among companies.
• Credit-card benefits. Some cards provide rental-vehicle benefits, often subject to exclusions and notice requirements. These benefits may focus more on vehicle damage than bodily injury liability.
• Your own uninsured or underinsured motorist coverage. UM or UIM coverage may become relevant if the responsible driver's liability coverage is unavailable or insufficient and policy requirements are met.

Never assume a particular policy applies without reviewing the actual policy or rental contract.

What If the At-Fault Rental Driver Lives Outside South Carolina?

Out-of-state drivers are common in Myrtle Beach. A driver does not escape responsibility for a South Carolina collision simply by returning home after a vacation. A claim arising from a Myrtle Beach crash may still involve South Carolina law and courts, depending on the circumstances.

Practical issues can include locating the driver, confirming insurance, obtaining statements and records, and coordinating with an insurer based in another state. The firm's FAQ about what happens when a tourist causes a Myrtle Beach crash discusses this issue in more detail.

What Evidence Should You Collect at the Scene?

If your condition allows, document both the crash and the rental vehicle. Helpful evidence may include:

• The rental driver's name, address, license information, and phone number.
• The rental agreement or rental-company information.
• All insurance information presented by the driver.
• The rental vehicle's plate, VIN if available, and unit or fleet number.
• Photos of all sides of all vehicles.
• Photos of the roadway, traffic controls, debris, and skid marks.
• Witness contact information.
• The law-enforcement report number.

Do not rely on a photograph of one insurance card as proof that all applicable coverage has been identified.

What If the Rental Vehicle Had a Mechanical Problem?

If the driver reports brake failure, steering problems, tire failure, or another mechanical issue, preserve that information. A mechanical problem may require inspection of the vehicle and records showing its maintenance and repair history.

The existence of a defect should be supported by evidence. A driver's statement that the brakes failed, for example, does not establish that the rental company was negligent.

Can Several Parties Share Responsibility?

Yes. A rental car collision can involve more than one negligent driver. A separate person may have rented the vehicle and allowed someone else to drive it. An employer may be involved if the renter was traveling for work. In unusual cases, a maintenance provider or product manufacturer may also be relevant.

South Carolina's comparative negligence rules can affect claims when the injured person also contributed to the collision. For more information, see the firm's explanation of comparative negligence in South Carolina car accidents.

What Damages May Be Available After a Rental Car Accident?

When another person's negligence causes injury, damages may include medical expenses, lost wages, reduced earning capacity, property damage, pain, and other proven losses. The available compensation depends on the injuries, evidence, insurance coverage, and facts of the case.

Property-damage issues may move on a different timeline from the bodily injury claim. The firm has additional information about property damage after a South Carolina car accident.

How Long Do You Have to Act?

South Carolina generally has a three-year limitations period for many personal injury claims, but exceptions and other deadlines can apply. Insurance policies and rental agreements may contain separate notice requirements. Waiting can also make evidence harder to obtain even when the filing deadline has not expired.

Read the firm's FAQ about the Myrtle Beach car accident statute of limitations for additional information.

Discuss a Myrtle Beach Rental Car Accident

Rental car crashes can require investigation of both liability and multiple potential insurance sources. Derrick Law Firm Injury Lawyers can review the police report, rental information, policies, medical records, and other evidence and explain the options that may apply.