What to do if you have a rental car accident abroad?

Every year during the summer travel season, the ÖAMTC legal advice service receives an increasing number of inquiries about accidents involving rental cars: "Such an incident, especially while on vacation, is naturally particularly frustrating. This makes it all the more important to know the necessary measures to be prepared for an emergency," says Nikolaus Authried, a lawyer from the ÖAMTC legal advice service. "Furthermore, the chosen insurance option is crucial. Because inadequate coverage can sometimes result in horrendous costs."

Even in the event of an accident with a rental car, it's important to keep a cool head: put on a high-visibility vest, secure the scene, call emergency services in more serious cases, and provide first aid to the injured. "Even if everyone involved in the accident escaped with a scare and minor body damage, it's usually still necessary to immediately notify the rental car company and the police. Otherwise, your insurance coverage could subsequently be voided," warns the ÖAMTC legal advisor. Depending on the country and the rental car company or insurance company, a police report may be required even for mere property damage.

"It's also particularly important to document the accident scene and damage with photos," says the club's lawyer. If easily possible, you can also take the vehicle to the nearest damage assessment center. "When you return the rental car, the rental company must issue a damage report, sign it, and give a copy to the renter," notes Nikolaus Authried. Under no circumstances should you sign documents whose content you don't understand, let alone false statements or admissions of guilt.

Club member F. contacted the ÖAMTC legal advice service by phone via the emergency assistance insurance policy: Mr. F. was traveling in Italy with a rental car when he was involved in an accident. It was unclear who was at fault. Fortunately, no one was injured – only property damage, including some scratches, occurred. The member then asked the ÖAMTC for immediate advice on what to do next.

A legal advisor from the club immediately provided the most important information on how to proceed via the emergency legal assistance service: The lawyer recommended that the member first inform the car rental company and clarify with them whether the police should also be notified – as rental companies often stipulate this in their terms and conditions. The ÖAMTC legal expert also advised taking photos immediately – of the accident scene, including the surrounding roadway and, of course, the damage caused – and contacting the club's legal advice center upon returning to Austria to clarify possible claims, which Mr. F. then did after his vacation in Italy.

Anyone involved in an accident with a rental car through no fault of their own has little to fear: The other party's motor vehicle liability insurance must cover the damage caused to the rental car. This is handled by the rental company. "Under no circumstances should you tow or repair the damaged rental car yourself," warns ÖAMTC legal advisor Authried. If you or your passengers were injured in an accident caused by someone else, you also have a claim against the other party's insurance.

Things are different if you cause the accident yourself: The rental car company's motor vehicle liability insurance covers all property damage to other vehicles involved, passengers, and surrounding infrastructure (e.g., road signs). However, "The costs for repairs to the rental car itself are not covered by liability insurance. Only fully comprehensive insurance covers this," explains Authried. "Therefore, we always recommend taking out comprehensive insurance when booking a rental car – ideally with no deductible (€0). Because nothing is more expensive than having to pay for the entire damage in the event of an accident," emphasizes the ÖAMTC legal advisor.

If you have any questions or problems regarding rental cars, the ÖAMTC legal advice service is available to help you – free of charge and exclusively for members. Legal emergency assistance is available around the clock: In emergencies requiring immediate assistance (such as a traffic accident or problems with the police abroad), ÖAMTC lawyers can also be reached at night, on weekends, or on public holidays at the emergency number for the insurance policy (+43 (0)1 25 120 00).

All information and contact details can be found at www.oeamtc.at/rechtsberatung . Legal expenses insurance facilitates legal enforcement in the event of a dispute.