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Rental Car Accident Lawyer NYC
Medical bills arrive before insurers agree whose policy applies. Raphaelson & Levine’s NYC rental car accident lawyers identify which insurer pays first, find who caused the crash, and preserve the police report.
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Multi-year honorees recognized by Best Lawyers®, Super Lawyers®, the Multi-Million Dollar Advocates Forum and The National Trial Lawyers: Top 100, among 17 peer and industry recognitions.
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Read client reviewsOver $1 Billion Recovered118 Seven-Figure Verdicts & Settlements
347 published case results across high-stakes NY accident and injury cases. We prepare every claim with the resources required to go to verdict.
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When another driver's careless driving or a mechanical problem the rental company failed to fix contributes to a serious injury or death, victims and families face medical bills and insurers pointing elsewhere; renters can also be billed for the car. Raphaelson & Levine represents people hurt in NYC rental car crashes and families who lost someone. We examine the police report, rental agreement and maintenance history to assess whether another driver or the company contributed and which coverage applies.
If you were hurt in or by a rental car in New York City, call (212) 268-3222 or contact us online for a free consultation with a New York City rental car accident lawyer, and we'll help you identify your next steps.
Do I have a case after a rental car accident in New York City?
You may have a case if you were hurt in or by a rental car and another driver, or the rental company itself, was careless. As New York rental car accident lawyers, we represent drivers, passengers and pedestrians hurt in NYC crashes.
- An insurer or the rental company contacted you.
- You needed medical treatment.
- You've missed work.
- Another driver or the rental company's negligence may be responsible.
- Deadlines or next steps are unclear.
Call to find out where you stand, or read about passenger injury cases and our car accident cases.
What should I do after a rental car accident in NYC?
Get medical help, make a record of the crash, and put the insurers and the rental company on notice. These steps protect your health and the claims that come later.
- Call 911 if anyone is hurt, and ask for a police report.
- Photograph the cars, the plates, the scene and your injuries. Get the names and phone numbers of anyone who saw the crash.
- Exchange license, insurance and plate details with the other driver. Don't argue about fault at the scene.
- Tell the rental company about the crash. Keep its incident report form and any notice it sends you.
- Send written notice to the no-fault insurer as soon as you can, and no later than 30 days after the crash.
- See a doctor, even if you feel fine, and keep every bill and record.
- Talk with us before you give a recorded statement or sign anything from an insurer or the rental company.
Who pays for my injuries after an accident in a rental car?
Your no-fault benefits come from the insurer of the car you were in or, if you were walking, the car that hit you. Turning down the collision or loss damage waiver at the counter doesn't change that.
That's the routing New York's Department of Financial Services describes, and different rules apply when the car is uninsured or unknown.
To get no-fault benefits, New York generally requires written notice of the crash to the no-fault insurer as soon as you reasonably can, and no later than 30 days after it (11 NYCRR § 65-1.1). Late notice may still be excused if you give written proof of a clear and reasonable justification for the delay. These benefits pay basic costs, such as medical bills and part of your lost earnings, no matter who caused the crash.
We send that notice early. Suing the driver who caused the crash is separate. See how no-fault insurance works.
What needs paying | Who usually pays |
|---|---|
Your medical bills and part of your lost earnings | The no-fault insurer of the car you were in (for a pedestrian, the car that hit you) |
Pain and suffering, when the injury is serious under New York law | The at-fault driver's liability insurer |
What the other driver's insurance can't cover | Your uninsured or underinsured motorist coverage |
Damage to the rental car | You or your insurer, limited by New York law; a collision or loss damage waiver can remove it |
Loss-of-use and administrative fees for the rental car | Not an authorized driver; New York bars them |
What needs paying
Your medical bills and part of your lost earnings
Who usually pays
The no-fault insurer of the car you were in (for a pedestrian, the car that hit you)
What needs paying
Pain and suffering, when the injury is serious under New York law
Who usually pays
The at-fault driver's liability insurer
What needs paying
What the other driver's insurance can't cover
Who usually pays
Your uninsured or underinsured motorist coverage
What needs paying
Damage to the rental car
Who usually pays
You or your insurer, limited by New York law; a collision or loss damage waiver can remove it
What needs paying
Loss-of-use and administrative fees for the rental car
Who usually pays
Not an authorized driver; New York bars them
Your own auto policy may also extend to a car you rent for personal use, within its limits. Some credit cards add a benefit when you pay for the rental with that card, but it usually covers damage to the car, not your injuries. We read the actual terms of each before deciding where a claim goes.
Can I sue the rental car company?
Usually not just because it owns the car. A federal law called the Graves Amendment (49 U.S.C. § 30106) shields a company in the business of renting cars from that kind of owner liability during a rental. The shield doesn't apply when the company's own negligence or criminal wrongdoing played a part, for example in how it maintained the car, and that part still has to be proven.
When the company's own conduct may have played a part, we pull its repair and maintenance records and ask what it knew before renting the car out.
New York still requires rental companies to keep liability insurance, or approved self-insurance, on the cars they rent (VTL § 370). In April 2026, New York's highest court held that federal law preempts the requirement that a rental company's liability insurance pay first for the renter up to the statute's minimum amounts; the company must still carry the required minimum insurance (Second Child v Edge Auto).
If a friend or relative crashed your own car, see our guide on when someone else drives a car you own.
What can the rental company charge me for damage to its car?
When the rental company holds an authorized driver responsible for damage, New York limits the charge to the lower of the actual, reasonable repair cost, including the discounts the company gets, or the car's fair market value just before the damage, minus what it nets from disposing of the car. These protections in GBL § 396-z cover a written rental agreement for thirty continuous days or less with a company that rents vehicles to the public from locations in New York; vehicles designed mainly to carry property are excluded.
In New York, a collision or loss damage waiver is the rental company's agreement not to hold an authorized driver responsible for some or all damage to or loss of the rental car and related charges (GBL § 396-z); it covers the car, not anyone's injuries.
Charge or step | What New York law says |
|---|---|
Loss-of-use damages and administrative fees | The company can't recover them from an authorized driver or the driver's insurer. |
Charging your card, taking a deposit or reporting the debt to a credit bureau | The company can't do any of these for the damage during the rental, while a dispute over it is unresolved, or before the cost and who owes it are agreed or legally decided. |
Proof of the damage | The company has to get a repair or appraisal estimate and, if you or your insurer ask, give you a copy along with photos of the damage. |
Who the damage claim goes to | If your own policy covers the damage, you can require the company to send its claim to your insurer. |
The company's incident report | If you're too badly hurt to fill it out, New York law pauses that duty until you're able to complete it and the company notifies you again. |
Inspecting the damaged car | If you rented the car, you or your insurer can ask to inspect it, but only within a short window after you receive the company's incident report form and notice, so don't set those papers aside. A different window applies to completing the inspection if the company determines the car is a total loss and subject to salvage. |
Charge or step
Loss-of-use damages and administrative fees
What New York law says
The company can't recover them from an authorized driver or the driver's insurer.
Charge or step
Charging your card, taking a deposit or reporting the debt to a credit bureau
What New York law says
The company can't do any of these for the damage during the rental, while a dispute over it is unresolved, or before the cost and who owes it are agreed or legally decided.
Charge or step
Proof of the damage
What New York law says
The company has to get a repair or appraisal estimate and, if you or your insurer ask, give you a copy along with photos of the damage.
Charge or step
Who the damage claim goes to
What New York law says
If your own policy covers the damage, you can require the company to send its claim to your insurer.
Charge or step
The company's incident report
What New York law says
If you're too badly hurt to fill it out, New York law pauses that duty until you're able to complete it and the company notifies you again.
Charge or step
Inspecting the damaged car
What New York law says
If you rented the car, you or your insurer can ask to inspect it, but only within a short window after you receive the company's incident report form and notice, so don't set those papers aside. A different window applies to completing the inspection if the company determines the car is a total loss and subject to salvage.
What causes rental car crashes in NYC?
Rental car crashes happen for the same reasons as other crashes, such as distraction, speeding, following too closely and failing to yield. A rental adds a few risks of its own:
- A driver who doesn't know the car's controls or the city's streets
- Eyes on a phone map instead of the road
- A mechanical problem the company didn't fix before renting the car out
Each cause calls for different proof, such as the police report, witness accounts or the company's maintenance history.
What injuries and losses can you recover for?
You can seek compensation for the losses the crash caused, from medical bills to the pain it left behind. Pain and suffering requires an injury that meets New York's serious-injury standard.
Rental car crashes cause the same injuries as other crashes, including neck and back injuries, broken bones, head and brain injuries, and spinal cord injuries. Depending on the injury, a claim can include:
- Medical bills and future care
- Lost earnings and lost earning capacity
- Pain and suffering, including emotional distress and loss of enjoyment of life
- A wrongful death claim for the family when a crash takes someone's life
Why New Yorkers hurt in rental car crashes call Raphaelson & Levine
People call us because we find out whose negligence caused the crash and which insurers must answer, then build the proof each needs.
We've served New York for 34 years.
Results. Reputation. Resources. Respect.
These results come from other motor-vehicle cases.
“I worked with this firm after a serious car accident. They helped with getting things squared away before and after my surgery, managing two insurance claims,...” — Zef D.
Prior results do not guarantee a similar outcome.
Meet Our New York Rental Car Accident Lawyers
Rental car crash claims at Raphaelson & Levine are led by partners Howard Raphaelson and Andrew Levine. Our 16 attorneys have 240+ years of combined experience. Managing attorney Joseph Taylor handled the bridge passenger case in the results above.
Howard Raphaelson
Partner
Andrew Levine
Partner
Joseph Taylor
Managing Attorney
Michael Abel
Attorney
Salvatore Asaro
Attorney
Jared Dubin
Attorney
Julia Fayziyev
Attorney
Corey T. Flick
Attorney
Steven Gershowitz
Attorney
Enrique Hernandez, Jr.
Attorney
Benjamin Katz
Attorney
Jason Krakower
Attorney
Alyx Lewis
Attorney
Dario Martinez
Attorney
Steven November
Attorney
Samantha Raphaelson
Attorney
In your first conversation with us, we tell you which attorney would lead your case and who else would work on it.
What happens when I call about a rental car crash?
When you call about a rental car crash, we first pin down the driver, the car's owner and every insurer involved.
What to bring | Why it matters |
|---|---|
The rental agreement and any coverage you accepted or turned down | Your coverage and who could drive |
Anything the rental company sent you, including its incident report form | Shows what the company sent about its car; keep the report form and notice |
Letters, emails or claim numbers from each insurance company | Which insurer handles what |
The police accident report and your photos of the cars and the scene | How the crash happened |
Medical records, bills and proof of missed work | Injuries, treatment and lost earnings |
What to bring
The rental agreement and any coverage you accepted or turned down
Why it matters
Your coverage and who could drive
What to bring
Anything the rental company sent you, including its incident report form
Why it matters
Shows what the company sent about its car; keep the report form and notice
What to bring
Letters, emails or claim numbers from each insurance company
Why it matters
Which insurer handles what
What to bring
The police accident report and your photos of the cars and the scene
Why it matters
How the crash happened
What to bring
Medical records, bills and proof of missed work
Why it matters
Injuries, treatment and lost earnings
The consultation is free, we're available 24/7, and we work in English, Spanish and Mandarin.
Rental car accident questions
If the coverage you turned down was the collision or loss damage waiver, that doesn't change who pays for your injuries. No-fault still runs through the insurer of the car you were in, and that waiver only ever covered the company's car.
Yes, you can bring a case against the driver who caused the crash, even though you were in a rental.
Under Insurance Law § 5104, when one person covered by New York's no-fault law sues another over injuries caused by negligence in using or operating a vehicle in New York, there's no recovery for pain and suffering (the law calls it non-economic loss) unless the injury is a serious injury as the law defines it, and no recovery for the basic economic loss that no-fault benefits cover.
We check whether your injuries meet that standard and which policies could pay, including uninsured and underinsured motorist coverage.
You can still recover, reduced by your share of the fault. For injury lawsuits under New York's no-fault law started on or after May 26, 2026, you cannot recover if your fault is greater than that of the people you sue.
Yes, as part of pain and suffering, when someone else was at fault and your injury meets New York's serious-injury standard. Medical records and your own account of how the crash changed your daily life both matter.
A New York personal injury lawyer who handles car crash cases.
A rental car accident attorney also knows the rules a rental adds: who pays first, when the company itself can be responsible, and what it can charge for its car.
New York law requires a lawsuit for a personal injury to be started within three years, except where the law sets a different deadline for certain kinds of injury cases (CPLR § 214). If you lost someone in a crash, a different deadline can apply, and we'll confirm which one.
The no-fault notice runs on a much shorter clock. New York's Department of Financial Services explains that written notice of the accident must be mailed or submitted to the no-fault insurer as soon as reasonably practicable and no more than 30 days after the accident, unless you give written proof of a clear and reasonable justification for the delay.
If a renter hit you, the rental company isn't liable just because it owns the car: under the federal Graves Amendment (49 U.S.C. § 30106), a company in the business of renting cars is shielded from that kind of owner liability during a rental unless its own negligence or criminal wrongdoing played a part.
We look into the company's own maintenance and the insurance it must carry.
Usually the at-fault driver's insurer, as part of your property damage claim. No-fault covers injuries, not damage to your car or a replacement rental. Your own policy may also pay if it includes rental reimbursement coverage.
It depends on your fee agreement, the case costs and any liens. If we recover, our fee and the case costs we advanced are paid out of the settlement, and some medical providers or insurers may have liens that must be repaid. We review the breakdown with you before any settlement is finalized.
Real Clients, Telling Real Stories
What makes Raphaelson & Levine the best personal injury law firm in New York City? Our clients say it best. Read their experiences through even the toughest legal challenges.
“I endorse without reservation Raphaelson & Levine.”John C.
Personal Injury
- “Mr. Levine and others at the firm were like family to me.”
Juana V.
Injured On Broken Walkway
- “They understand my situation and I feel like they really care about me as a person.”
Trasonia S.
Suffered Trip & Fall Injury While Working
- “They did a lot of wonderful things for us that we never expected a law firm to do.”
Mohamed A.
Wife Struck By Hit-And-Run Driver
- “They were very aggressive with my case and my settlement was substantial.”
Carol B.
Injured in Auto Accident
- “I was shocked when I heard the size of my settlement. I almost fell out of my chair.”
Michael W.
Rear-Ended By A Reckless Truck Driver
Ranked Tier 1 in New York City by Best Law Firms®
Raphaelson & Levine holds a Tier 1 ranking for Personal Injury Litigation – Plaintiffs in New York City (2025–2027). Our firm and attorneys have earned 17 awards and professional recognitions, including honors from Best Lawyers® and Super Lawyers®.
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