The car rental industry has experienced tremendous growth in recent years, with an estimated annual revenue of $65 billion in the United States alone. However, with numerous rental drivers on the road at any given time, accidents with injuries can and do occur. Many times, there is confusion as it pertains to insurance, coverage, and liability when it comes to car rental incidents. If you or a loved one have been involved in an accident either as a renter or the driver of another vehicle, you’ll need to be aware of some factors that can potentially affect your ability to recover compensation for injuries and damages.
Filing a lawsuit stemming from a car rental accident will depend on who was at fault, the terms of the rental agreement, and the insurance coverage involved. If another driver caused the accident, you may be able to file a lawsuit against them for damages, including medical expenses, lost wages, and pain and suffering. However, if as a renter you were at fault, the rental company might hold you liable unless you purchased extended protection or have adequate coverage through your own insurance policy.
Typically, a driver’s car insurance policy will carry over to a rented vehicle, with similar deductibles and coverage. If your insurance policy and rental car meet the definition of a “substitute vehicle,” the car is covered when you rent and drive it as if it were your own. However, there can be exceptions and exclusions, so it’s important to be fully aware of your primary insurance and what is covered in the event of an accident with a rented vehicle.
Generally speaking, rental companies are not responsible for accidents unless they rented out a faulty or unsafe vehicle, such as having bald tires. A federal law known as the Graves Amendment shields rental car companies from liability for damages or injuries simply because they are the owners of the vehicle. However, the amendment does not protect rental companies if they are negligent or engage in wrongful conduct. As a result, these types of personal injury cases will require close examination to determine the validity of a claim.
When drivers are involved in a car rental accident, an experienced personal injury attorney can prove to be an invaluable resource. As individuals deal with the aftermath of a collision, their attorneys step in to advocate for their clients, ensuring that their rights are protected and safeguarded.
If you or a loved one have been injured in an accident involving a rented car, contact Hurst Limontes to discuss your legal options. We have over a century of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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