Whether you are visiting Upstate South Carolina, your vehicle is in the shop, or you simply need a car for the week, renting a vehicle is something millions of people do every year. But what happens when something goes wrong on the road? A car accident in a rental car raises questions most people have never thought about. Who is responsible? Who pays? Does the rental company share any blame? At Briggs Law Group, our Greer car accident lawyers believe every person deserves clear answers, especially when they are already dealing with the stress of an accident.
South Carolina Is a Fault-Based State
Before getting into the specifics of rental vehicles, it helps to know one foundational fact: South Carolina is a “fault” state. This means the driver who caused the Greer car accident is responsible for paying for the resulting injuries and property damage. This principle applies whether the vehicle involved is privately owned or a rental.
In South Carolina, if you share some of the blame for the crash, your compensation is reduced in proportion to your share of fault. If it is proven that you are more than 50% at fault, you cannot recover compensation at all. Insurance companies will sometimes try to shift more blame onto you than the facts support, and that can cost you real money.
Who Is Responsible for a Rental Car After an Accident?
The short answer is that the driver who caused the Greer car accident, and their insurance company, bear primary responsibility. But the full picture depends on several layers of coverage that may apply to your specific situation.
If you have your own personal auto insurance policy, that coverage often extends to a rental vehicle you are driving. South Carolina law requires drivers to carry minimum liability coverage of $25,000 in bodily injury per person. If your personal policy meets these minimums, it will generally apply to the rental car as well. Always verify your specific policy details before declining any coverage at the counter.
Coverage the Rental Company Offers
Under South Carolina Code Section 38-43-500, rental companies in this state are authorized to sell several types of coverage to renters. These are worth knowing before you arrive at the counter:
- Collision Damage Waiver (CDW), which removes your financial responsibility if the rental vehicle is damaged or totaled during the rental period
- Supplemental Liability Protection (SLP), which adds extra coverage above what your personal auto policy already provides
- Personal Effects Coverage, which protects your belongings inside the rental vehicle against theft or damage
These products offer real protection, especially if your personal policy has gaps. The key is knowing what you already have before deciding what to add.
Who Pays for a Rental Car After an Accident?
This question also comes up when your own vehicle was damaged in a crash, and you need a rental while it is being repaired. In South Carolina, who pays for the rental car after an accident depends on who was at fault.
If the other driver caused the crash, their insurance company is obligated to cover your reasonable rental costs. South Carolina law requires insurers to reimburse losses that are reasonable and necessary. A rental car you use to get to work, medical appointments, or carry out daily responsibilities meets that standard.
The practical challenge is timing. Insurers sometimes delay accepting fault while investigating, which holds up your rental coverage. In that situation, you can request the at-fault insurer to expedite their decision, or use your own rental reimbursement coverage and seek reimbursement later. When delays become unreasonable, an attorney can apply meaningful pressure to move things forward.
Can You Hold the Rental Company Responsible?
Many people assume that because the rental company owns the car, it must share some responsibility for any accident involving it. That used to be the case, but a major legal shift changed everything.
The Graves Amendment
In 2005, Congress passed a federal law known as the Graves Amendment, found at 49 U.S.C. Section 30106. This law shields rental companies from liability simply because they own the vehicle involved in a crash. Before this law, injured people could sue rental companies under a theory called vicarious liability. The Graves Amendment eliminated that option across the entire country, and it applies in South Carolina just as it does in every other state.
When the Rental Company Can Still Be Held Liable
The Graves Amendment does not give rental companies a full pass in every situation. They can still face liability for their own direct conduct. A rental company may be held responsible under the following circumstances:
- Negligent maintenance, where the company knew or should have known about a mechanical defect and failed to repair it before renting the vehicle out
- Negligent entrustment, where the company handed the keys to a driver who was clearly unfit, such as someone who was visibly intoxicated or did not hold a valid license
- Failure to comply with federal safety recall requirements, since companies with fleets of 35 or more vehicles are legally prohibited from renting cars subject to unrepaired safety recalls
- Criminal wrongdoing by the company itself, which would also strip away the protections the Graves Amendment otherwise provides
If any of these circumstances apply to your case, the rental company could share in liability for your injuries and losses.
Serving Greer and the Surrounding Communities
Briggs Law Group proudly serves clients throughout Greer, South Carolina, and the wider Upstate region. Greer spans both Greenville and Spartanburg counties and is served by zip codes 29650, 29651, and 29652. The city sits along major travel corridors, including Interstate 85, U.S. Route 29, South Carolina Highway 14, and South Carolina Highway 290. With the Greenville-Spartanburg International Airport located nearby in the 29651 area, the region sees consistent traffic from travelers, commuters, and business visitors year-round. Rental vehicle incidents along these corridors carry legal layers that require experienced handling.
Contact Briggs Law Group Today
Rental car accident cases involve multiple parties, overlapping insurance policies, and legal rules that most people have never encountered before. Sorting through all of it while recovering from an injury is genuinely overwhelming. If you have questions about who is responsible for a rental car after an accident, or if you need help pursuing a claim following a Greer car accident in a rental car, contact us today.