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Chicago Rental Car Accidents: A Guide to Liability and Insurance Options

A rental car accident in Chicago can raise far more questions than a standard crash.

A rental car accident in Chicago can raise far more questions than a standard crash. Whether you are a visitor in town for a weekend or a local using a short-term rental, you may be dealing with multiple insurers, unfamiliar legal language, and out-of-state policies that do not align with Illinois law.

Rental car collisions present unique challenges. Coverage limits may differ from personal policies, rental companies often attempt to limit their liability, and drivers are sometimes unsure which insurance policy applies. If you recently experienced a serious injury from an accident that involved a rental car, Contacto to determine your next steps and start a personal injury claim by calling our office at 877-595-4878.

Understanding Who Can Be Held Liable After a Chicago Rental Car Crash

In Illinois, liability for a vehicle accident is generally based on negligence. The driver who caused the crash is financially responsible for the injuries and property damage. This rule applies equally to rental vehicles. If you drive a rental car and someone else hits you, that driver is still at fault.

Liability may fall on:

  • The renter of the vehicle;
  • A third-party driver;
  • The rental car company, in limited circumstances; or
  • A commercial or personal auto insurer.

In most situations, the individual operating the rental car at the time of the crash is primarily responsible. However, liability can shift if another person was driving without authorization or if the car malfunctioned due to poor maintenance by the rental company.

Under Illinois’s joint and several liability rule, more than one party may share fault. If multiple drivers contributed to the crash, the court will assign percentages of responsibility to determine damages.

Special Considerations for Chicago Tourists and Out-of-State Drivers

Chicago attracts tens of millions of visitors yearly, and many rent cars to explore the city or travel across the Midwest. If you are involved in a rental car crash while visiting Illinois from another state, you are still subject to Illinois traffic and insurance laws.

Out-of-state insurance policies typically adjust coverage to meet Illinois minimums while you are driving in the state. However, this does not guarantee complete protection. If your home state allows lower policy limits, you may still be exposed to liability in a serious crash.

If you are injured in a crash caused by a local driver, you may need to stay in contact with medical providers and attorneys in Illinois. 

When Is A Chicago Rental Car Company Held Liable?

Under federal law, specifically the Graves Amendment, rental car companies are not automatically liable for damages caused by someone renting their vehicle. However, there are exceptions.

A company may be held responsible if:

  • The vehicle was unsafe or not properly maintained.
  • The company knowingly rented to an unlicensed or intoxicated driver; or
  • The driver was an employee acting within the scope of employment.

In such cases, the injured party may be able to pursue a negligence claim against the rental company itself. If you need help determining your legal steps and what the best approach may be for your unique situation, contact us today at 877-595-4878. Our Chicago rental car accident lawyers are here to discuss your situation and work together to get the compensation you deserve. 

Insurance Coverage Options After a Rental Car Accident

One of the most common questions after a rental vehicle crash is which insurance policy applies. There are several layers of potential coverage.

Your Personal Auto Insurance Policy

Illinois drivers who own a vehicle typically carry personal liability coverage for rental cars. This coverage usually applies if you rented the vehicle for personal use. However, your protection may fall short if you decline full coverage and only carry state-minimum liability.

As of 2025, Illinois law requires drivers to carry a minimum of:

  • $25,000 in bodily injury per person;
  • $50,000 in bodily injury per accident; and
  • $20,000 in property damage

If your policy covers less than the actual cost of injuries or damages, you may be personally responsible for the difference.

Types of Additional Insurance You Can Purchase Through A Chicago Rental Car Company

Rental companies such as Enterprise, Hertz, or Avis typically offer add-on coverage at the counter. These options may include:

  • Collision Damage Waiver (CDW) — Waives the renter’s responsibility for physical damage to the vehicle;
  • Supplemental Liability Protection (SLIP)— Purchased at the time of rental pickup, the renter can add this additional protection for themselves and other authorized drivers for possible third-party liability protection, up to $300K coverage. 
  • Personal Accident Insurance (PAI) —- This can cover accidental medical expenses and accidental death for the driver and passengers. 
  • Personal Effects Coverage (PEC) — Is additional coverage that can be purchased when picking up a rental car. It covers theft or damage to personal belongings in the vehicle. It’s best to understand your auto policy to see if enough coverage is included for incidents such as theft.

These policies come at an additional cost but can provide broader protection. It’s best to have protection not only for yourself, but also if another driver is injured. We understand accidents happen, but it can become complex and confusing to determine what steps to take next.

If you rented a car or were involved in an accident where the driver was renting a car, contact us today. We bring years of experience and understand the nuances of Chicago accidentes de tráfico. Contact the personal injury accident attorneys at Briskman Briskman & Greenberg today at 877-595-4878.

Chicago Rental Car Insurance Coverage Through a Credit Card

Many major credit cards offer secondary car insurance coverage if you decline the rental company’s CDW. This insurance may cover damage to the vehicle, but it usually does not apply to liability, injury, or property damage involving third parties. The terms vary widely between card issuers.

If another driver caused the crash, their insurance should pay for injuries and property damage. However, Illinois is an at-fault state, so its insurer may delay or deny payment until fault is fully established. If you were injured, you may need to pursue compensation through the civil court system.

Determining which policy applies and how much coverage is available can be complicated. Rental car accidents often involve multiple sources of coverage, each with its own limitations and conditions under Illinois law.

Were You Involved In A Rental Car Accident in Chicago? Contact Briskman Briskman & Greenberg Today

Accidents involving rental cars rarely follow a simple path. Between shifting liability, overlapping policies, and unfamiliar contract language, it can be difficult to know where to begin. If you were injured in a crash involving a rental vehicle, whether as a driver, pedestrian, or cyclist, your recovery may depend on understanding how Illinois law interacts with rental agreements and insurance plans issued across state lines.

Briskman Briskman & Greenberg has experience handling cases involving rental vehicles, corporate insurers, and third-party negligence. When multiple entities are involved, a careful review of the facts, coverage terms, and applicable statutes becomes essential. If you are navigating the aftermath of a rental car accident in Chicago, the legal support you choose can make a meaningful difference. To learn more about your options and how liability may apply, contact Briskman Briskman & Greenberg at 877-595-4878.

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