What Really Happens If You Crash a Rental Car in Texas?

A rental car accident can turn a smooth trip into a stressful event within seconds. Questions come fast about repairs, medical bills, and surprise rental fees.

At Galvan Law Group, we understand how Texas claims work. Founder Sabrina Galvan started the firm in 2024 after representing people injured in car and truck wrecks statewide.

Her insurance defense experience gives us insight into how adjusters build cases and cut corners.

This guide explains who pays, how Texas fault laws apply, what to do after a crash, and how coverage may stack, including the at-fault driver’s policy and credit card benefits.

Immediate Steps to Take at the Accident Scene

Safety comes first. Check for injuries, move out of traffic if safe, and call 9-1-1 if anyone needs medical help. Even if injuries feel minor, getting checked out protects your health and creates documentation of your damages.

Photos and details help later. Use your phone to capture the vehicles, road conditions, skid marks, street signs, and any visible injuries. Also, ask for an official police report since both insurers and the rental company will ask for it.

Here is a quick checklist you can use on the spot.

1. Call 9-1-1, report injuries, and wait for officers to arrive.
2. Exchange names, phone numbers, insurance details, and license plate numbers with every driver involved.
3. Photograph all damage, traffic signals, weather, and injuries from different angles.
4. Request the police report number and the officer’s name and badge number.

Try not to argue fault at the scene. Short, calm statements work better. The report and your photos carry real weight later in the claims process.

Reporting the Crash to the Rental Company and Insurers

Once everyone is safe, contact the rental company. Use the emergency number in the glove box or on the rental agreement. Share where the vehicle is located and ask about towing or swap instructions.

Next, call your auto insurer to open a claim and lock in the date of loss. Quick reporting keeps the timeline clean and avoids a fight later about who knew what and when.

Have these items handy when you call:

• The rental agreement and vehicle number or license plate.
• Police report number, if available, and the officer’s name.
• Photos of the scene, other drivers’ info, and any witness contacts.

Do not give a recorded statement to the at-fault driver’s insurer without speaking with a personal injury lawyer first. Adjusters often push leading questions, which can twist your words. A short pause before recorded calls can save your claim.

Who Pays for the Damages and Injuries?

Payment depends on fault and on which coverages are active. Multiple layers can apply, including the at-fault driver’s liability policy, your own auto policy, any rental company waiver, and credit card protections. Stacking them in the right order helps limit out-of-pocket costs.

Let us break down how Texas rules and common coverages work together.

The At-Fault Driver and Texas Liability Rules

Texas follows an at-fault system. The driver who caused the crash is responsible for property damage and injury claims. Their liability insurer pays up to the limits listed on the policy.

Texas uses a modified comparative fault rule. You can recover only if you are 50 percent or less at fault. Your payout gets reduced by your share of fault, which makes evidence from the scene that much more valuable.

Minimum liability limits in Texas are 30, 60, or 25. That means 30,000 dollars for injuries to one person, 60,000 dollars total per crash, and 25,000 dollars for property damage. Serious injuries or multiple vehicles can burn through the available coverage fast.

Next, look at your own policy since many people carry extra protection that transfers to rentals.

Your Personal Auto Insurance Policy

Many personal auto policies extend comprehensive and collision coverage to a rental used for personal reasons.

This can pay for repairs to the rental car, even if another driver caused the wreck but their insurer drags its feet. Your medical payments or personal injury protection can also help with treatment costs.

If your policy pays for vehicle repairs, your deductible usually applies. You can later seek reimbursement from the at-fault driver’s insurer for that amount. Save all invoices and letters for that request.

Rental add-ons from the counter can also affect the outcome, especially the damage waivers and extra liability packages.

Rental Company Waivers and Supplemental Policies

A Collision Damage Waiver or Loss Damage Waiver is not insurance. It is a contract that says the rental company will not pursue you for repair costs if the car is damaged, as long as you followed the agreement rules. Common violations include unauthorized drivers, drunk driving, or using the car off-road.

Supplemental Liability Insurance boosts coverage for claims made by other people if you caused the crash. This can be in addition to, or replace, low limits from your own liability policy. SLI can be a big help if injuries are serious or there are multiple claimants.

If you paid with plastic, your card benefits can also fill gaps.

Credit Card Benefits

Many travel cards offer secondary rental coverage, and some offer primary coverage.

Secondary coverage usually pays after your own auto policy, which helps with deductibles or excluded fees. Primary coverage can step in first, skipping your personal policy altogether.

Check your card guide for limits and exclusions. Typical carve-outs include luxury or exotic models, trucks or cargo vans, rentals in certain countries, and long rentals that run past a set number of days.

You might need to decline the rental company’s CDW to trigger card benefits.

Here is a quick snapshot of how these sources commonly apply in Texas.

Coverage Source	What It Can Pay For	Notes in Texas Claims
At-fault driver’s liability policy	Vehicle repairs, medical bills, lost wages, and pain and suffering up to policy limits	Texas uses a 50 percent bar to recovery and 30, 60, or 25 minimum limits
Your personal auto policy	Comprehensive and collision for the rental, plus MedPay or PIP	Deductibles apply, then seek reimbursement from the at-fault insurer
CDW or LDW from rental	Waives the rental company’s claim for repair costs	Not insurance; violations of the contract can void it
Credit card rental coverage	Repairs to the rental and some fees, depending on the card	Often secondary; read exclusions for vehicle type and rental length

Layering these the right way often reduces your exposure. A lawyer can help sort the order and push back if any insurer tries to pass the buck.

Hidden Charges Often Claimed by Rental Agencies

Rental companies sometimes add charges that catch people off guard. You can fight junk fees with solid records and a close read of the agreement. Texas law also places limits on what they can collect and what proof they must show.

Here are the most common add-ons after a crash:

• Loss of use: the income lost while the car sits in the shop.
• Diminished value: the drop in resale value due to a newly reported crash.
• Administrative fees: costs tied to claim handling and moving the car back into service.

Loss of use claims in Texas usually require proof of real lost income. Diminished value claims tend to spark debates over mileage, age, and market data. Administrative fees should be tied to actual handling costs.

Can the Rental Company Be Held Liable for the Crash?

Federal law shields rental companies from many injury claims that rest on ownership alone. That rule is not a free pass for everything. If the company’s own conduct contributed, liability can still land on the table.

Here is how that works in practice:

Exceptions to the Graves Amendment

The Graves Amendment blocks lawsuits against rental agencies based only on the fact that they own the car. You still can pursue the at-fault driver, plus their insurer. That path covers most rental cases.

Exceptions can apply if the company’s conduct played a role.

Examples include negligent maintenance, like ignoring a known brake problem, or negligent entrustment, such as renting to a drunk or unlicensed driver. Evidence from service logs, rental notes, and witnesses helps build those claims.

If you suspect poor maintenance or a bad rental decision, act fast to preserve records. A letter requesting that the company keep logs and video can make a difference. Our firm sends these letters early to prevent missing proof.

Injured in a Rental Car Crash? Galvan Law Group Is Ready to Help

A rental car crash can leave you dealing with injuries, repair bills, insurance disputes, and unexpected fees all at once. You do not have to sort through overlapping policies or rental company demands alone.

At Galvan Law Group, Sabrina Galvan uses her insurance defense background to identify coverage, protect evidence, and push back when carriers cut corners.

If you were hurt in a rental car accident anywhere in Texas, call 214-556-6957 or visit our contact page. We welcome your questions and are ready to help you move forward.