Whose responsibility is it when a company or rental car crashes into you?

It is often difficult to work out whose responsibility it is when a company or rental car crashes into you, but it is quite simple. Liability attaches to the person and not to the vehicle.

“Therefore, if a driver of a company car causes the damage to your car, the driver will be liable in his personal capacity. If he was on duty at the time and driving the vehicle in the course of his business, the vehicle owner or business entity will also be held liable,” says Wynand van Vuuren, client experience partner at King Price Insurance.

However, he says, it is important to remember that there can be a split in the liability or because both parties can be liable for a percentage, it is not always the case that the one driver is completely guilty on its own.

“Liability attaches to the person who drove or was driving the vehicle, but if it was a company car driven in the course of business, you can take action against the driver and the company. If the driver was using a business vehicle in his personal capacity, it will not help to sue the company, because the driver was not on duty at the time when the accident occurred. Then the claim will only be against the driver.”

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When a rental car crashes into you

If the other driver was driving a rental car, whose responsibility is it then? Van Vuuren says in this case it is better to hand it over to your insurer that is an expert and knows exactly what to do. This will save you from all the frustration.

“You must inform your insurer about the accident immediately or as soon as possible and give all the necessary information of the third party and further information required. Your insurer will take everything out of your hands, make sure that your vehicle is repaired and will proceed with the necessary communication with the third party on your behalf.”

If you were driving a rental car, it can also turn out to be a nightmare because the car rental company has your credit card details and can deduct money for damages. Therefore, Van Vuuren says, it is particularly important that you understand the terms and conditions of the rental car and not just sign anything.

“For example, there will be an excess amount in the different circumstances such as broken windows, scratches or damage from an accident and also theft. Make sure that you understand the terms and conditions and what excess amount you will be required to pay in every scenario.”

He says you must make sure it is affordable for you before you sign for the rental car, otherwise you can be caught out later where you signed a document with excessive excesses or that puts too much responsibility on you and you might find yourself in trouble after an incident.

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What happens if the other driver runs away?

What happens if the other driver runs away as we have seen happen recently in fatal crashes? Van Vuuren says insurance companies often see cases where the third party runs away from the accident scene, especially when there is drunken driving involved.

“In these circumstances make sure you get the necessary details and evidence from eyewitnesses on the scene so that you can give it to your insurer. After that, your insurer will search for the third party involved. The third party will be required to repair your car and then it will be your insurer’s responsibility to find the third-party suspect.”