Whether you are on vacation or getting your car repaired accidents can still happen while driving a rental car. If you are involved in an accident while driving a rental car you may be able to hold the car company liable for damages. However, accidents with a rental car company are more complex than other car accident cases. Obtaining an attorney after an accident occurs is crucial and they will inform you of all the legal steps in your case.
Unfortunately, many car rental accident cases cannot lead to a case because the driver who rented the car accepted responsibility for the vehicle he/ she had rented so the rental car company cannot be responsible for the victim’s damages.
However, when insurance companies are involved it is often difficult to discern which carrier funds the injured party without a thorough investigation. If you purchased the rental car company’s insurance it may be possible that less coverage is granted to you or the injured person than your own insurance would allow. This is why it is important to hire an experienced car accident attorney to understand your legal rights.
Who is Liable For a Rental Car Accident?
When you’re injured on the road while driving a rental car, you may be wondering where you can seek compensation for your injuries. Of course, your first instinct is to seek compensation directly from the rental car company. However, it is rare for a rental car company to be responsible for a victim’s damages after getting injured in an accident. In most circumstances, the injured party cannot sue the rental car company. To hold the rental car company liable for your injuries, you cannot be at fault for the accident. Your personal insurance or insurance purchased from the rental car company would be the ones to cover the costs for your damages.
Furthermore, a rental car company may be held liable for damages if they were negligent in any way. You would, of course, need to provide proof that the rental car company was in fact negligent.
Several ways a rental car company can be negligent include:
- Poor vehicle maintenance
- A Dangerous defect
- Engaging in illegal business practices
Poor Vehicle Maintenance
The rental car company has a duty of care to ensure the vehicles that are rented out are safe and ready for the roads. The rental car company is obligated to invest in regular vehicle maintenance, make repairs, change replacement parts, make thorough investigations, and regularly do car cleanings to keep the vehicles in shape for renters. A lack of maintenance and an unsafe car will hold the company liable for damages to the injured.
Dangerous Defect
If a renter, the manufacturer, or a mechanic warned the rental car company of a dangerous defect in one of their vehicles but the company failed to fix it, the rental car company will be held liable for damages.
Engaging in Illegal Business Practices
If a rental car company uses an uncertified mechanic, rents to an unlicensed driver, skips maintenance checks, and repairs broken parts with low-quality replacements, the rental car company could get into legal trouble.
Who’s Insurance Coverage Provides Recovery?
While it is rare to hold a rental car company liable, it is possible to obtain compensation through the insurance company. There is various insurance coverage that provides recovery after being involved in a collision. Depending on the details of the policy, your personal insurance, or the insurance you purchased from the rental car company will provide recovery after the accident. The rental car company’s insurance carrier may provide payouts after an accident. However, if the rental car company’s insurance carrier does not pay for your damages, your personal insurance company will have to pay for all the damages.
Should You Pursue a Case?
Rental car claims usually go through an insurance provider, either your personal insurance or insurance you purchased from the rental car company are the ones that ensure compensation and recovery for the victim. The insurance may provide compensation for all the parties involved or just the responsible party.
However, there have been many cases that are not resolved or the victim does not recover any compensation. An attorney is needed to ensure that everything is resolved and the injured party recovers the compensation they deserve.
These incidents may be due to:
- A denial from one company
- A lack of insurance
- Bad faith behavior
If issues like these arise, is it best to hire an attorney to determine if the case you are pursuing will guarantee that you are compensated. If your attorney determines that your case is worth pursuing, they will ensure that the party responsible for the accident is held accountable for their actions.
Filing a rental car company claim and having a successful outcome can be difficult. When the rental car company is responsible for your accident, it is important to be patient and provide the documentation your attorney will obtain for you. Communication with your attorney is crucial and the outcome will guarantee that you are compensated and your attorney may even maximize your compensation.
Call an Attorney Today!
The attorneys at Adley Law Firm are passionate and experienced in rental car accident cases. We will fight for your rights and will determine if the case you are pursuing is worth it.
Do not handle the case on your own, you may not be able to recover anything, and handling rental car accident claims can be overwhelming. Let us take on your case so that you can focus on recovery and we can recover and maximize the compensation you deserve.
Schedule a free consultation and we will inform you of all the legal steps in your case and will make sure you understand the steps involved in your case. We will fight for you and ensure that the party responsible is held accountable. Call us now at (713) 999-8669 or you can send us a message via our live chat for a quick response on any concerns you may have on your case.
