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by The Stoddard Firm - June 27th, 2025
What happens if you crash a rental car from Enterprise? The nuances of rental car accidents differ significantly from the intricacies of personal vehicle accidents, as insurance claims and financial responsibilities can become tricky. What occurs in these cases and how it unfolds can be particularly important in a bustling city like Atlanta, with many legal and insurance needs.
At The Stoddard Firm, we thoroughly explain what happens if you get into a car accident using a rental car. As personal injury lawyers and car accident lawyers in Atlanta, we look into essential liability issues, the rental contract, and the available compensation. Knowing how to deal with the situation from the start can help mitigate any possible adverse effects on your finances and legal rights.
If you get into an accident in your car, your auto insurance and the person at fault’s insurance generally cover the damages. However, using a rental car adds more complexity to the situation.
Enterprise shifts the financial responsibility to the renter, like most rental companies. Due to the Graves Amendment, rental car companies aren’t automatically liable for accidents involving their vehicles unless they were negligent in maintaining or renting out the car. That means you’ll deal with your insurance or the at-fault driver’s policy rather than the enterprise.
Rental car accidents often stem from various factors that can increase the likelihood of collisions. Some of the most common reasons include:
Understanding these risks can help renters take extra precautions when operating a rental car, reducing the chances of an accident.
In most situations, the owner of a vehicle is responsible for insuring it, and the insurer is responsible for the harm to others if that vehicle ends up at fault in a truck crash accident. So, a person hit by a FedEx truck can seek compensation from FedEx, a person run off the road by a Walmart truck can seek compensation from Walmart, etc.
It doesn’t work that way with car rental companies. Under the Graves Amendment, companies like Enterprise are exempt from the responsibility to insure their vehicles, and that responsibility falls to the renter instead.
That’s how it’s possible to end up with situations where a hit-and-run victim witnesses a marked Enterprise vehicle causing the accident, even records video evidence, but still can’t collect any compensation without a clear shot of the license plate to trace to an individual customer. This scenario is not uncommon in motorcycle accidents, where the dynamics of visibility and evidence collection can significantly impact the outcome..
The recent publicized instance of this was in England, but the result would have been the same if it had happened here in Georgia. By default, Enterprise has no legal responsibility for how its customers use its vehicles.
This means, in order to get compensation for your accident with an Enterprise vehicle, your lawyer will either need to investigate the individual renter’s insurance coverage, or prove that Enterprise itself did something quantifiably wrong.
Liability in an Enterprise rental car crash depends on several factors, including:
Rental car companies are responsible for ensuring their vehicles are properly maintained and safe. If a rental company fails to conduct necessary inspections or rents out a car with known mechanical defects, it could be liable for negligence. However, in most situations, liability typically falls on the driver and their insurance provider.
Although Enterprise is not generally responsible for how customers use its vehicles, it is responsible for its own safety policies and the actions of its employees.
For example, in 2004, an Enterprise vehicle drifted into oncoming traffic in Capitola, California. Both people inside the rental car were killed. The cause of the accident turned out to be a leak in the car’s power steering fluid. The car was subject to a recall at the time, specifically because of the problems with its power steering. Enterprise had not taken the car out of circulation or performed the necessary repairs. The deceased driver was the fourth person to rent the car since the recall was issued.
That family successfully sued Enterprise for $15 million. If the occupants of the other car had been seriously injured, they would have had a strong case as well.
Of course, Enterprise’s negligence, or lack thereof, isn’t always as clear-cut as that.
In Florida in 2013, a man rented an Enterprise vehicle and got into an accident, which killed his sister and caused permanent injuries to his mother. The man went to jail for DUI and vehicular homicide. While incarcerated, he sued Enterprise, arguing that the company was negligent for renting to him. He stated that, at the time when he rented the car, he had an open arrest warrant, no valid driver’s license, and was already so visibly intoxicated that he could barely stand.
Obviously, no matter what happened at that Enterprise rental location, it doesn’t erase this man’s own responsibility for the accident. His case against Enterprise was ultimately dismissed in 2022. However, if his account of events is accurate, Enterprise certainly has a lot to answer for. An innocent victim of the accident, or their next-of-kin, might have been able to sue the company successfully for the same alleged lack of judgment.
There was another incident in Florida, in 2022, in which a 96-year-old woman struck a pedestrian with her Enterprise rental, while making an improper turn. The woman kept driving, and then reportedly tried to run over a witness who pursued her on foot. The pedestrian survived in spite of a brain bleed and multiple broken bones. When the woman turned in her rental, and Enterprise employees asked her about the front-end damage, she reportedly confessed that she had hit a pedestrian and run away. In spite of this, it took over three months for police to arrest her. Whether Enterprise filed a report is unclear.
In that case, Enterprise might not have known that renting to this woman was unsafe. The initial transaction could have been unremarkable. Once she revealed that she had committed a felony with the vehicle, however, Enterprise had a duty to preserve the evidence. The company should also have taken steps to minimize any future danger to others, such as by putting the woman on a do-not-rent list and performing a full safety inspection of the damaged vehicle before making it available to other customers. If Enterprise failed to do any of these things, thereby making matters worse for the victim or putting more people at risk, that would count as negligence.
If your grievance with Enterprise goes beyond their simple ownership of the at-fault vehicle in your accident, it’s possible you have a case against them.
Personal auto insurance often extends to rental cars, but the extent of coverage depends on the specifics of your policy. In most cases, liability coverage applies to rental vehicles, meaning it may cover damage you cause to others or their property while driving the rental. However, collision and comprehensive coverage, which protect against damage to the rental car itself, may not always be included.
They offer insurance add-ons like Supplemental Liability Protection (SLP) and Damage Waivers. These policies provide extra coverage but are secondary, meaning your insurance is used first.
Some credit cards offer rental car insurance as a perk, potentially covering damages. However, coverage limitations apply, and this insurance usually acts as secondary coverage after your auto policy. Always review your credit card’s rental car insurance benefits before relying on them.
Assuming Enterprise didn’t negligently contribute to your accident, collecting compensation will come down to determining which insurance policy the accident falls under, and holding that insurance company to its responsibilities.
If you and the at-fault driver exchanged insurance information at the scene, you might already know which company provides their everyday personal auto insurance. Under normal circumstances, this would be the right policy to cover your accident. It still might be, but not necessarily.
Coverage for rentals varies from one personal auto insurance policy to another. If the at-fault driver’s policy doesn’t cover rentals, getting compensation becomes more complicated. However, there are other possible avenues to explore.
The next source of insurance that might come to mind is Enterprise itself. Like most rental companies, Enterprise offers a supplemental liability policy (SLP) as an optional upcharge whenever a customer rents a vehicle. Unfortunately, these kinds of add-on insurance policies can be some of the trickiest to collect on.
In theory, rental companies operating in Georgia are required to make sure their customers are adequately insured to drive. In practice, however, this law is largely unenforced, and the rental companies are not financially responsible for the consequences if they fail to do this.
On its website, Enterprise explicitly denies all responsibility for preventing its customers from being overcharged, underinsured, or even both.
In the company’s own words, “Enterprise is not qualified to evaluate the adequacy of the renter’s existing coverage; therefore, the renter should examine his or her personal insurance policies or other sources of coverage that may duplicate the coverage provided by SLP.”
Insurance provided by rental companies is usually “secondary” coverage, meaning that all other avenues of compensation must be exhausted before this one can be used. These policies may also have more exclusions than other forms of auto insurance. For example, the policy might be void if the renter violated the terms of the rental agreement, such as by driving drunk.
For all of these reasons, many renters opt not to add an SLP at all, deciding that the limited coverage is not worth the high price.
Still, it’s always worth investigating whether your accident is covered under Enterprise-provided insurance, especially if other coverage is looking scarce.
The at-fault driver’s credit card company may not be the most intuitive source of compensation, but when this option applies, it’s ideal.
Credit cards marketed toward frequent travelers often come with various forms of travel insurance, including liability insurance for rental cars. If the at-fault driver in your accident paid for the rental with a card that has this perk, the credit company should cover the damages.
Unlike insurance provided by a rental company, credit card travel insurance usually provides “primary” coverage, meaning that it can be used as a first resort, rather than a last resort.
Of course, it’s important to remember that credit card companies, just like rental companies and insurance companies, still exist to make a profit. Credit card companies may offer some of the best terms when it comes to rental coverage, but it’s never a guarantee that a company will willingly comply with its own terms, when it has a financial incentive not to.
In 2016, one Enterprise customer reportedly struck a stalled vehicle, seriously damaging the rental. The customer had travel insurance through American Express that should have covered his own losses as well as any he might cause to others. American Express acknowledged this but disagreed with Enterprise on the exact value of the damages, refusing to pay about $3,500 of the nearly $14,000 claim. Enterprise took the customer to collections for the remainder, and the customer had to get the press involved to convince American Express to pay.
This sort of complication is exactly why it’s so important to have a good lawyer in your corner, even when getting coverage seems like it should be easy.
Prioritize your safety by taking these steps:
You have legal rights and may be entitled to compensation if you’re injured in a rental car accident, whether as the renter, another driver, or a passenger. Depending on the circumstances, you could seek financial recovery for:
However, rental car accident claims can quickly become complicated. Insurance companies may dispute liability, and overlapping coverage between personal auto policies, rental agreements, and credit card insurance can create confusion.
We’re experienced in handling car accident cases, including those involving rental cars. From untangling complex insurance policies to building a strong negligence case, we ensure you receive the compensation you’re entitled to.
When you work with us, we will:
What happens if you crash a rental car Enterprise? Don’t face this situation alone. If you’ve been in an accident involving a rental car company in Atlanta, contact The Stoddard Firm for legal guidance. We’ll help you navigate the legal complexities and fight for the compensation you deserve. Call us today at 470-467-2200 or submit a free consultation request on our website.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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