Vehicle collisions are a leading cause of serious injury in Maryland. You may know how to approach a claim if driving your own vehicle, but what if you have an accident in a rental car?
Maryland’s mandatory coverage structure and contributory‑negligence standard shape every claim. Here’s what you need to know.
Role of the federal Graves Amendment
The Graves Amendment is a federal statute that bars injury claims against rental‑car companies based solely on the renter’s negligent driving. It prevents vicarious liability and limits claims to situations involving the company’s own negligence, such as improper maintenance.
As a result, injury‑related compensation generally comes from the involved drivers and their applicable insurance policies.
The insurance coverage hierarchy
In Maryland, defined insurance protocols determine which policy pays first for medical bills following a rental car collision. The typical breakdown unfolds in this manner:
- Personal Injury Protection offers a minimum of $2,500 in no‑fault medical and wage benefits unless waived in writing.
- Personal auto liability typically extends bodily injury and uninsured motorist protection to a rental vehicle.
- An at‑fault driver’s liability coverage pays, but contributory negligence bars recovery if you share even 1% of fault.
Other options may include rental company coverage, credit card coverage and insurance products purchased at the rental counter. You may be able to use more than one policy to address injuries.
How injury payment responsibility is determined
The final responsibility depends on fault, available insurance and the renter’s policy selections. Personal auto insurance, the at‑fault driver’s liability coverage and any optional rental company products may all contribute. Reviewing the rental agreement and each applicable policy can help you establish the correct path for recovery. A legal opinion about your claim can also be beneficial to your case.