After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Car accidents are stressful enough, but when they involve a rental vehicle, figuring out who is responsible for a rental car in an accident can feel even more complicated. Nevada law sets clear rules on liability and insurance coverage that affect whether drivers, rental companies, or insurers pay for damages, and knowing them can protect your rights and wallet. At Kidwell & Gallagher Injury Lawyers | Personal Injury Lawyer Reno, we help drivers understand these rules and pursue the compensation they deserve after crashes involving rental vehicles.
Nevada applies a fault-based system, which means the person who causes the accident is financially responsible for the resulting damages. Under NRS 41.130, anyone who suffers personal injury because of another’s wrongful act or negligence can seek compensation from the at-fault party.
In practice, if another driver crashes into your rental car, their insurer must cover your damages. If you caused the accident, your own insurance may apply first. Rental companies also carry minimum required coverage. They can be held jointly and severally liable for damages to injured victims if they fail to do so. This ensures you are not left without financial recovery because of a rental company’s negligence.
Understanding these layers of liability is important because who is responsible for a rental car in an accident can shift depending on the facts of the crash and the type of coverage in place.
Rental car accidents in Nevada often involve several layers of potential coverage. Below is a simple chart explaining who typically pays in common scenarios:
| Scenario | Who Pays First | Secondary Coverage |
| Another driver was at fault | Other driver’s liability insurance | Your policy if damages exceed limits |
| You are at fault with personal car insurance | Your personal auto insurer | Rental company’s coverage if elected |
| You are at fault with no personal car insurance | Rental company’s required liability coverage | Out-of-pocket for uncovered losses |
| You purchased Collision or Loss Damage Waiver (CDW/LDW) | Rental company’s waiver applies to vehicle damage | Not applicable for injuries |
Collision Damage Waiver (CDW), also called car rental insurance, works as an agreement that limits or removes your liability for rental car damage after an accident, operating much like traditional collision insurance.
Liability in Nevada often depends on the strength of the evidence. Police crash reports, photos from the scene, witness testimony, and medical documentation are all vital to establishing who was responsible for the crash.
Nevada follows a modified comparative negligence rule, meaning if you are found 50 percent or less responsible, you may still recover compensation. Still, the amount will be reduced in proportion to your fault. At 51 percent or more, recovery is barred.
In a Nevada rental car accident, fault determines responsibility. If another driver is at fault, their insurance pays your damages. If you are at fault, your insurance, credit card benefits, or a Loss Damage Waiver applies. If the rental company fails to provide legally required coverage, they can be held jointly liable.
Because insurers often dispute liability, having an attorney can make the difference in proving who is responsible for a rental car in an accident and ensuring you do not get unfairly blamed.
After a rental car accident, the shock of the crash and confusion over agreements can make it easy to miss important details. Taking quick, careful action protects your rights and helps your recovery. Here are the most important steps to follow immediately:
These steps strengthen your claim and help ensure insurers cannot dispute liability or minimize damages.
Rental car accidents bring unique complications, especially in a state like Nevada, where liability rules, rental company obligations, and comparative negligence laws intersect. At Kidwell & Gallagher Injury Lawyers | Personal Injury Lawyer Reno, our team stands with accident victims from the first call. Call us today at (775) 323-2667 for a free consultation and help you pursue the compensation you deserve.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.