Our Verdicts and Settlements
$2,500,000
Settlement at trial for negligent road design
$2,400,000
Settlement at trial for a construction worker
$1,750,000
For a student injured at school
$1,300,000
For a motorcyclist
$1,200,000
Verdict for Car Crash Victim
$1,000,000
For a motorcyclist
$950,000
For car crash victim
Types of Rental Car Accident Cases We Handle in Amherst
A rental car accident can involve more than the driver’s conduct. Under the federal Graves Amendment, a rental company generally is not vicariously liable simply because it owns the vehicle a renter was driving. The company can still face liability for its own negligence or criminal wrongdoing, such as negligent maintenance or other conduct that contributed to the crash.
Insurance coverage adds another layer. In Second Child v. Edge Auto, Inc., decided in 2026, the New York Court of Appeals held that the Graves Amendment preempts New York’s requirement that a rental company’s statutory minimum liability coverage serve as the renter’s primary liability coverage. Rental companies still must maintain the required financial responsibility, but their coverage is not necessarily the first or only policy available after a crash.
Our attorneys represent clients in Amherst rental car accident cases involving:
- Renters injured while driving a rental car
- Passengers injured in rental vehicles
- Drivers, cyclists, and pedestrians struck by rental cars
- Crashes involving alleged rental-company maintenance or repair failures
- Accidents involving a rental company whose own conduct may have contributed to the crash
- Rental vehicles driven by employees on business trips
- Multi-vehicle crashes on I-290, Sheridan Drive, Millersport Highway, and other Amherst roads
- Fatal rental car accidents and wrongful death claims
What If I Declined or Bought the Rental Company’s Insurance?
The coverage available after a rental-car crash depends on more than what the rental company offers at the counter. A rental agreement may include collision damage waivers or supplemental liability coverage, while your own auto policy or a credit card may provide additional protection. Our attorneys review the rental agreement, insurance policies, and other applicable coverage together to determine where compensation may be available.
Why Amherst Renters and Crash Victims Choose Hiller Comerford Injury & Disability Law
A rental-car crash can involve a different insurance and liability structure from an ordinary collision. Hiller Comerford Injury & Disability Law brings more than 27 years of litigation experience, over 300 years of combined legal experience, nearly 20,000 clients served, 48 attorneys, and a 240-person team to every car accident claim we handle. Our personal injury attorneys in Amherst represent victims across Erie County in some of the most complex claims.
Rental Company Liability Requires a Closer Look
The Graves Amendment generally prevents an injured person from holding a rental company vicariously liable solely because it owned the vehicle. That makes it especially important to look at the company’s own conduct, including maintenance, repairs, and other actions that may have contributed to the crash.
New York’s Rental-Car Insurance Rules Have Changed
The 2026 Second Child decision changed an important assumption about rental-car insurance in New York. Rental companies still have statutory minimum insurance requirements, but their coverage is no longer automatically treated as primary liability coverage for the renter. We account for that distinction when evaluating where your claim should be directed.
Trial-Ready When Insurers Won’t Pay Fairly
We prepare every Amherst rental car case with trial in mind, developing the evidence and legal arguments needed to present your case to a jury if a fair settlement cannot be reached.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can You Recover in an Amherst Rental Car Accident Claim?
The first question in a rental-car case is often which insurance coverage applies. Once we establish the available coverage and liability issues, your Amherst rental car accident lawyer may pursue compensation for:
- No-Fault benefits: Medical expenses, lost earnings, and other covered economic losses, regardless of fault. New York generally requires written notice of a No-Fault claim within 30 days, absent a legally sufficient excuse for the delay.
- Medical treatment: Emergency care, hospitalization, surgery, physical therapy, and reasonably necessary future treatment.
- Lost wages and earning capacity: Income lost during recovery and, when supported by the evidence, reduced future earning capacity.
- Pain and suffering: Non-economic damages may be available when the injuries meet New York’s serious-injury threshold.
- Out-of-pocket expenses: Reasonable accident-related expenses that are not otherwise covered.
- Wrongful death damages: When a rental-car accident causes a death, eligible beneficiaries may pursue a wrongful-death claim, generally subject to a two-year statute of limitations.
The 2026 change in New York rental-car insurance law makes identifying the right coverage more important than ever. Our attorneys look beyond the rental company’s policy to determine what coverage may exist through the renter’s own insurance, optional protection, other applicable policies, and any party whose own negligence contributed to the crash.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How Does a Rental Car Accident Lawyer Handle Your Claim?
A rental car accident can involve several layers of insurance and liability that do not exist in an ordinary crash. Our Amherst rental car accident lawyers sort through the rental agreement, insurance policies, driver conduct, and rental company’s own responsibilities to determine where your claim stands.
✓ Reviewing the rental agreement: We examine the rental contract, including insurance, optional protection, authorized drivers, and other terms that may affect the claim.
✓ Investigating the rental company’s conduct: We look at maintenance records, repair history, recalls, inspection records, and other evidence that may show whether the company contributed to the crash.
✓ Identifying available insurance: We determine what coverage may apply through the rental company, renter’s personal auto policy, optional coverage, credit card benefits, or other applicable policies.
✓ Securing evidence quickly: We seek police reports, vehicle inspection records, photographs, witness statements, and available vehicle or telematics data before relevant evidence becomes harder to obtain.
✓ Handling No-Fault requirements: We help protect your No-Fault claim and the applicable 30-day notice deadline.
✓ Negotiating with insurers: We handle communications with the insurers involved and build the claim around the evidence rather than an insurance company’s early settlement offer.
✓ Preparing for trial: We develop the case for trial if the parties cannot reach a fair settlement.
The goal is not simply to determine who was driving the rental car. It is to identify every applicable source of coverage, determine whether anyone beyond the driver may be legally responsible, and build the claim before important evidence or deadlines are lost. That can make a significant difference when multiple insurers or a rental company are involved.
What Injuries are Eligible for Compensation in a Rental Car Accident Claim?
According to the New York State Department of Health, an average of three New Yorkers die every day due to a traffic-related crash, and far more are injured. Our attorneys help clients pursue compensation for injuries such as:
- Whiplash and other soft-tissue injuries
- Fractures and broken bones
- Traumatic brain injuries and concussions
- Herniated discs and other spinal injuries
- Internal injuries and internal bleeding
- Cuts, lacerations, and permanent scarring
An injury from a rental car accident can look minor immediately after the crash and still require months of treatment once adrenaline wears off and symptoms fully develop. Seeking medical attention right away creates the record your claim will depend on, and accepting an early settlement before the full extent of your injuries is known can mean settling for far less than your recovery actually costs.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
Seriously grateful to my attorney, Ryan Taylor. I spent years trying to navigate VA disability on my own and they managed to finally make headway where I could not.
Everyone I spoke with and worked with was extremely kind and had great communication also they were compassionate,they worked very diligently to help me and kept me well informed throughout the process I couldn't thank them enough.
I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
Hiller Comerford have been amazing. They got me a fully favorable decision on my disability claim, I could have never been able to do that on my own. Everyone in their office is so kind and so knowledgeable. They really helped make a difficult time of my life a pleasure. Thank you so much Hiller Comerford!!!
The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
How Long Do I Have to File a Lawsuit in Amherst, NY?
New York’s statute of limitations generally gives you three years from the date of a motor vehicle accident to file a personal-injury lawsuit. A No-Fault claim generally must be reported within 30 days, while wrongful-death claims generally must be filed within two years. Claims involving a government-owned vehicle can have shorter notice requirements, including a potential 90-day Notice of Claim.
A rental vehicle does not sit parked as evidence the way a personally owned car might. It is often repaired, cleaned, and returned to the rental fleet within days, which can mean the loss of physical evidence and event data recorder information that could otherwise support your claim. Speaking with a rental car accident lawyer in Amherst quickly gives you the best chance of preserving what’s left.
Frequently Asked Questions
Below are answers to questions we hear most often from rental car accident victims in Amherst and throughout Erie County.
What should I do after a rental car accident in Amherst?
Get medical attention, exchange information with the other driver, and report the crash as required. If you rented the vehicle, photograph the rental agreement and the damage before returning the car if it is safe to do so. Notify the rental company according to the agreement and keep copies of the police report, medical records, insurance correspondence, and other documents related to the crash. Speak to an attorney as soon as possible so we can protect your rights from the start and secure important evidence.
Can I recover compensation if I was partly at fault for the accident?
Yes. New York follows a pure comparative negligence rule, so you may recover compensation even if you are partly at fault, although your recovery is reduced by your percentage of responsibility. For example, if you were found 20% at fault, you could still recover 80% of your proven damages.
Who is responsible for a rental car accident, the renter or the rental company?
Usually, the person who caused the crash through negligent driving may be responsible. The Graves Amendment generally protects rental companies from vicarious liability based solely on vehicle ownership, but it does not shield a rental company from liability for its own negligence or criminal wrongdoing.
Does my personal auto insurance cover a rental car accident in Amherst?
If you have a New York auto insurance policy, it generally provides liability and No-Fault coverage when you drive a rental car, subject to the policy’s terms. Your policy may also provide separate rental-vehicle coverage for damage to the rental car. Credit cards and optional rental-company protection may provide additional coverage, depending on their terms, and it’s worth understanding more about insurance companies before you accept an offer.
How much does it cost to hire a rental car accident lawyer in Amherst?
Hiller Comerford Injury & Disability Law handles rental car accident cases on a contingency fee basis, so you pay nothing upfront and owe us nothing unless we recover compensation for you. Your initial case evaluation is free and we can explain the fee structure in more detail.
What if I was hit by a rental car as another driver or pedestrian?
You may have a claim against the driver whose negligence caused the crash. The rental company may also be responsible if its own negligence contributed to the accident, but the Graves Amendment generally prevents liability based solely on the fact that the company owned the rental vehicle.
