How do I handle an insurance claim for an accident that occurred in a rental car in California?

To handle an insurance claim for a rental car accident in California, you must first report the incident to the rental company and law enforcement, then file a claim with the insurance policy that provides primary coverage, which is typically your personal auto insurance. Here are the steps to follow: Step 1: Report the Accident Immediately Ensure everyone is safe and call 911 to report the accident and any injuries. Obtain a police report number. Exchange contact and insurance information with any other drivers involved. Take clear photos of the damage to all vehicles and the surrounding scene. Step 2: Notify the Rental Car Company Contact the rental car company as soon as possible, as your rental agreement likely has a strict reporting deadline (often within 24-48 hours). Follow their specific instructions for reporting the incident and returning the damaged vehicle. Step 3: Identify Your Primary Insurance Coverage In California, the order of insurance coverage is set by law. For damage to the rental car, your personal auto insurance policy is generally considered the primary source of coverage. - If you purchased the Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) from the rental company, it is your primary coverage for damage to the car. - If you declined the CDW, your personal auto insurance policy is next in line. - If you have neither, some credit cards offer secondary rental car insurance, but you must have used that card to book and pay for the rental. Step 4: File an Insurance Claim Call your personal auto insurance agent or company to report the accident and start the claims process. Provide them with the police report number, the rental agreement, and the information you collected at the scene. Your insurer will coordinate with the rental company's insurer and any other parties involved. Important Details and Nuances Under California Insurance Code Section 11580.9(d), your personal auto policy is presumed to be primary for physical damage to the rental vehicle. For liability (damage or injury you cause to others), the rental company's insurance may be primary, but this can be altered by the rental agreement you signed. The CDW is not technically insurance but a waiver from the rental company in which they agree not to hold you responsible for damage, per California Civil Code Section 1939.09. Warnings and Limitations If you have no personal auto insurance and did not purchase a CDW, your financial responsibility for physical damage to the rental vehicle is capped by law under California Civil Code Section 1939.05, but you will still be liable for that amount. Be aware that you may also be charged for "loss of use," which is a fee for the time the car is being repaired. Your personal policy may not cover this fee. This is general information and does not constitute legal advice. For complex situations, especially those involving significant damage or injuries, you should consult with a qualified California attorney.