If you are driving a rental vehicle, chances are you are traveling for pleasure or business, or perhaps your vehicle has a mechanical issue. While rental cars can ease your mobility and movements when you are on vacation with your family, many people never imagine the possibility of being involved in an auto accident.
Whether you were the driver or you had a chauffeur, it is natural to worry about what the case could turn into once the police arrive at the scene. The most critical question likely to cross your mind is, “Who pays for your injuries and damages caused?” The answer to this question depends on who is at fault and the unique circumstances of your case.
The most dependable way to determine liability in a rental car accident and increase your odds of obtaining compensatory damages for your injuries and losses is by retaining the services of an injury attorney. While this situation can be frustrating, a skilled attorney can take the weight off your shoulders and handle your compensation claim while undergoing medical treatment.
The Basics of Car Accident Liability
Generally, the person or entity at fault for the collision or auto accident bears responsibility for any resulting financial losses, property damage, and injuries. That means the at-fault or liable party in a car accident is legally responsible for all the victims' injuries and financial losses.
While this could seem fairly clear and straightforward, determining which insurance provider or individual to hold accountable for your losses could be complex. That is particularly true if the auto accident involves a rental car.
If the other motorist has an auto insurance policy, his/her insurer will step in to pay damages for all your injuries and losses up to his/her policy's limit. Any remaining financial losses the driver's insurance policy does not cover will be his/her responsibility.
Aside from protecting yourself from possible lawsuits as the liable party, understanding who is at fault in your rental car accident is vital for appropriate legal action to obtain the damages you deserve for your injuries and losses. In a nutshell, below are potential parties who could be liable or at fault in a car accident:
- The driver's or motorist's employer.
- The motorist who caused your car accident.
- The manufacturer or maker of the defective vehicle that caused your injuries.
- A government contractor or agency responsible for repairing dangerous and poor road conditions.
- The restaurant or bar that served alcoholic drinks to the underage driver or the intoxicated motorist who caused your car accident.
Since this is a no-fault state, every motorist must have PIP (personal insurance protection) insurance. The PIP insurance will cover your lost earnings, medical losses, and any loss resulting from an auto accident up to a specific dollar limit, regardless of who is liable for the collision incident. The PIP will also cover the losses of the passengers involved in the crash and your losses when involved in an accident as a cyclist or pedestrian.
If you have PIP insurance, you must turn to your insurer for compensation for any loss incurred after an auto accident before pursuing additional compensation. You can only sue the at-fault party or his/her insurer for severe injuries like disfigurement, scarring, loss of body limb, or death, which are not covered by the PIP.
Liability in Auto Accidents or Collisions Involving Rental Vehicles
Generally, the above rules will not change when a rental vehicle is involved in an accident. Like all other auto accidents, if you have sustained injuries in an accident involving a rental vehicle, you can hold the liable or at-fault party accountable for your losses and injuries once you reach the monetary limit of your PIP insurance.
The same possible at-fault party mentioned above could be liable for your injuries and losses caused by the rental car collision or accident.
What You Need to Know if You or a Loved One Has Sustained an Injury in a Rental Car Accident
While the moments after a rental car accident can be confusing, once the dust settles, you should know the steps to take to protect your legal rights and stand a chance of securing damages for your injuries. Here are a few critical issues you need to understand after sustaining injuries in an accident involving a rental vehicle:
The Rental Car Company is Not Automatically Responsible for Your Injuries
Unlike what many assume, rental car agencies or companies are not usually liable for a renter's behavior or conduct while using their car. Initially, the legal owner of a vehicle was liable for damages and injuries caused by the vehicle, even if he/she was not driving it.
However, the Graves Amendment, enacted by Congress in 2005, altered the legal framework governing liability in auto accident incidents involving rental cars. According to this federal law, a rental vehicle company is not automatically accountable for auto accident damages because they are the legal owners of the involved rental car.
The Rental Car Agency is not Completely immune from Liability if Their Car is involved in an Accident
Although the Graves Amendment gives car rental agencies and companies immunity from personal injury lawsuits after renting their car for short-term use, they could be liable for your damages if their negligence caused the accident.
For instance, if the rental car company failed to maintain the brakes of the car that led to your injuries, they would be liable for all your losses resulting from the accident in that situation. Similarly, if your chauffeur or driver of the rental car does not have a proper driver's license, the Graves Amendment will not eliminate the immunity car rental companies have.
Without this protection, you can file an injury claim against the car rental agency or the driver who caused the accident to obtain compensation for your losses. Generally speaking, the Grave Amendment does not protect rental companies if their negligence was the cause of the accident.
If your defense attorney can prove that the company should have known or was aware it was a negligent or "foolish" decision to entrust the rental car to you, you will receive damages for your losses.
Your Car Insurance Coverage Can Compensate You After Suffering Injuries in a Rental Car Accident
Although not every person, most individuals who rent vehicles already have auto insurance coverage for their vehicles back at home, which can cover them when driving rental cars.
That means when you rent a vehicle to make your vacation seamless, the insurance policy of the rental vehicle company and your auto insurer could cover you for any accident-related liability issue. Knowing this, most rental car agencies will put a condition in their lease contracts that requires your auto insurance coverage to step in first (primary) and pay damages when involved in a collision.
The car rental company's insurance provider will then come second in line (secondary) to compensate you for the losses that exceed your PIP coverage limit. In a few words, understanding which insurance policy is secondary and which is primary does not affect your ability to obtain coverage when involved in a rental car accident.
Instead, understanding your rental car contract conditions helps you know who to turn to for compensation after suffering injuries in a car accident.
The Liable Party Can Cover all the Damages to the Rental Vehicle Even Though You or your Insurer Have to Make the Initial Payment
When someone crashes your vehicle, it will be his/her responsibility to cover all the repair costs or a replacement car through their pockets or liability insurance coverage. However, practically speaking, if you have collision coverage, you should pay these expenses directly from your auto insurance company.
Then, your auto insurer will file a claim against the at-fault's party insurance provider, seeking reimbursement. However, if you were driving a rental car, it is not you but the rental vehicle agency or company that would suffer losses due to property damage.
In that case, the company will want to receive repair costs as soon as possible without any extra expenses. That is why their car rental contracts require renters to cover the costs of their car damage, even if the accident was not their fault. That implies you will take on the rental car's insurance provider role.
To the casual eye, it could seem unfair, and many car renters will ask why you must pay damages for an accident you did not cause. However, the answer to this question is that that is how car rental agencies operate and want their activities to work.
Since they are the owners of these vehicles, they are responsible for setting terms and conditions for leasing them, and that is where they apply high sales strategies to increase their revenue. Knowing that most people fear handling repair costs for a rented vehicle, many car rental agencies offer to waive the car damage terms or provisions of their leasing or rental agreement for a particular fee. This waiver is known as a CDW (collision damage waiver).
When you buy CDW, the rental agency will agree to handle the burden of any repairs the rental vehicle will require in case of an accident instead of turning to you or your insurer to pay for them. While the CDW could seem beneficial when driving a rental car, it is not worth that expense for some people because their auto insurance policies cover rental car damages.
If the crash or accident was not due to their negligence or fault, they could shift the blame to the liable driver or their insurance provider for compensatory damages.
Helpful Tips to Remember After Sustaining Injuries in a Rental Vehicle Accident
When you suffer an injury in a collision or accident involving a hired or rental vehicle, the steps you take afterward could affect your legal rights and the compensation you will likely receive. Briefly explained below are helpful tips that can put you in a better position to obtain adequate compensation for your losses resulting from the rental vehicle accident:
-
Seek Immediate Medical Attention
You should seek medical treatment immediately after a rental vehicle accident, even if you do not have visible physical injuries. Your doctor will use several diagnostic procedures to determine whether you have any severe internal injuries you cannot see with your naked eyes and offer the necessary treatment.
Your doctor's testimony and medication costs can also help you prove you have medical expenses that deserve compensation during a lawsuit.
-
Deal With Insurance Adjusters Cautiously
Any insurance provider that has a legal responsibility to settle your rental vehicle accident losses will not bow to your demands without a blow. That means you should expect the at-fault party's insurance provider or your insurer to give several excuses for denying your compensation claim or offering a low settlement offer for your injuries.
Although your insurance policy could require you to notify your insurer about any auto accident or collision, you have no legal obligation to tell them all the facts about who you think is liable. Anything you decide to disclose to an insurance adjuster could apply against you during a lawsuit, leading to inadequate compensation or denial of your claim.
If any insurance provider offers to settle your compensation claim after suffering an injury in a rental car collision, you should speak with your attorney as soon as possible. Your injury attorney will calculate your claim's worth and negotiate with the insurance adjusters to obtain maximum compensation for all your losses, including lost earning capacity.
Find a Reliable Personal Injury Attorney Near Me
If you have sustained an injury in an auto collision involving a hired or rental vehicle, you could qualify for substantial compensation for all your losses, including future medical expenses. Unfortunately, securing compensatory damages after sustaining an injury in a rental car accident is not straightforward.
At Jacksonville Personal Injury Attorney, we understand how complex and confusing rental car accidents can be. Whether you have auto insurance coverage or not, our team of skilled attorneys will work relentlessly to help you secure adequate compensation for your losses resulting from the accident.
Call us at 904-800-7557 to schedule your initial consultation with our ever-available and profound injury attorneys.
