Assuming you are not at fault for the accident at all, then you are not responsible to the rental car company for the damage to their vehicle. However, if you were partially at fault, then the rental car can collect from you, or your insurance company, for the damage. This is based, in part, on Nebraska Revised Statute 25-21,185.10, which states, in part: In any other action involving more than one defendant, the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. As it applies to your situation, the damage to the rental car is an "economic damage" while the word "joint" means the rental car company can collect all of their money from you or the driver/ owner of the "unknown car" at the rental car company's option. All you have to be is .01% at fault and you would have to pay. If you do have to pay, then you would have to try and collect your money back from the "unknown car." As to whether you have any fault for the accident, I cannot answer that based on the information you provided. More information would be necessary to make this determination such as: what the "unknown car" was doing just prior to pushing you back into your original lane; whether you saw the "unknown" vehicle prior to your lane change; the speed of your vehicle and the "unknown car"; the traffic conditions. This is not a complete list of the information necessary to determine whether you have any fault for the accident. You should contact your insurance company, if you have not already, as you should have coverage and they, rather than you, would pay the rental car company. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Dec 21st, 2011 at 7:33 PM