This question is more complicated than whether or not both drivers simply have insurance coverage. The rental car company may also hold some liability. If you’ve been in a rental car accident, call us today for a free consultation.
Suing A Car Rental Company
If a rental car company’s negligence resulted in an auto accident, no matter your insurance state, you may be able to sue the rental car company in a personal injury lawsuit to collect on damages not paid by your own insurance company, in rare cases. Rental car companies use complicated contracts and disclaimers to protect themselves in the event of an accident, a lawyer can ensure your personal injury claim is paid.
Often a rental car company offers liability insurance to rental car drivers who release their credit card number, contact information and driver’s license to rent a vehicle. A driver can choose to purchase rental car insurance or not when they rent a motor vehicle, depending on laws and policies.
Since a rental car driver is solely responsible for their actions, most rental car accidents kick off a typical chain of events, similar to other car accidents even though they include a rental vehicle. That might include some combination of your own insurance company, the other driver’s insurance company and the rental insurance company deciding to pay part or all of a personal injury claim, including medical expenses from personal injury.
However, sometimes cases don’t follow the typical chain of events because the rental car company is partially or fully to blame for the accident, not just the renter. When a rental agency is liable, or at fault, in an accident, the following must be present:
- A breach in duty of care occurs on the part of the rental agency that causes an accident.
- The accident results in harm of the claimant that wouldn’t have occurred if the duty of care had been performed diligently.
These conditions, while unusual, aren’t totally unheard-of. For example, if a rental company negligently releases a car to an at-risk driver, and that driver has an accident, the rental company could be liable for part of the accident because they didn’t provide the duty of care to ensure the rental car driver was not at-risk. In these cases a personal injury case could help get your medical bills paid.
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What To Do After A Car Crash
If you’ve been in an auto accident with a rental vehicle you should follow the same steps you would in any accident, with a couple of key differences:
File A Police Report
Whenever you are in a car accident, it’s important to file a police report. This document makes the accident a matter of official record and can be used to help your car accident case.
Exchange Information With The Rental Car Driver
Even if someone is driving a rental car, you want to get their information. This includes their personal insurance information, any additional rental coverage information and their name and contact information.
Survey The Car Accident Scene
Assess the damage and take pictures from as many angles as you can that shows the damage to the vehicles involved and paints a clear picture of what happens. Taking photos of environmental conditions like intersections and stop signs can be helpful too.
Ask For A Copy Of The Rental Agreement
If you are in contact with the rental car driver, ask them to send you a copy of the rental agreement. This will help you better understand the coverage you may be entitled to and whether or not the rental company had the responsibility of duty of care.
Seek Medical Help Immediately
You always should seek medical attention immediately after a car accident. Even if you feel okay in the moments after the accident, that doesn’t mean you won’t later discover a personal injury. Having medical records on file from the day of the accident, or very soon after, can help your car accident claim.
File An Insurance Claim
File a claim with your insurance company by speaking to a representative who knows the terms and limits of your insurance policy and working with them to get your claim filed. Await decision.
Retain A Personal Injury Lawyer
Once your claim has been decided on, if you are not satisfied with the amount of your claim settlement, contact a personal injury lawyer.
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How To Sue A Car Rental Company
If a company’s negligence results in an accident, they can be legally held at fault. That’s no difference for a rental car company.
A personal injury attorney can prove that duty-of-care is violated when a rental company rents to an at-risk driver. For instance, renting to someone who isn’t legally old enough to rent a car. Alternatively, when they don’t maintain vehicles and it leads to an accident. For example, providing a rental car that has an actively recalled defect and the defect causes a car crash with personal injury.
Even if you have personal auto insurance, your insurance policy may not cover all of your medical bills or related expenses. In these cases, it may be necessary to hold liable rental companies accountable for their part in the car accident at hand. A fault driver, without liability coverage, renting a car from a rental agency and getting in an accident with collision damage can cause your medical bills and related expenses to go unpaid. But if a rental agency, like Enterprise Rent-A-Car, is at fault, that doesn’t have to be the case.
If you have car accident claims, you need a car accident attorney with experience. That’s where we come in. Let Florin|Roebig represent your car accident case in court.
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Florin|Roebig: Experienced Car Accident Lawyers
The law firm of Florin|Roebig has experienced lawyers who ensure the best attorney-client relationship with accident victims who partner with us for legal advice and solutions. When it comes to rental car accidents, a driver’s insurance company may not be the only third party responsible for personal injury and property damage. If you believe you may have an insurance claim against a rental car company, you may need a car accident lawyer like the attorneys at Florin|Roebig. Don’t let an insurance provider operate in bad faith. Instead, get a no obligation free case evaluation, today. Call us at (800) 226-6581.
Most people know they can sue their own insurance company or the other driver’s insurance company in the event of a car crash. But when the other motorist is operating a rental car, and you get in an accident, what insurance policy is responsible for covering your personal injury?