Can I File a Lawsuit if I Was Hurt in a Rental Car Accident?
Whether you’re renting a car for vacation or as a stopgap while your car is repaired, it’s a big responsibility. On top of the added pressure of driving someone else’s car, you also must keep safety at the forefront to prevent even messier situations down the line. If you’ve been injured in a rental car accident, you may still have a right to bring a personal injury case in California.
What Do I Do if I’m in a Rental Car Accident?
The process for documenting a rental car accident is very similar to if you had been in a collision in your own vehicle. Your priority should be to remove yourself from danger and to seek medical attention. If you are safe, call 911 to report the accident to police. Then document the state of both vehicles with photos. If bystanders saw the collision, ask them to give their eyewitness account when police arrive.
Collect the other party’s insurance information and provide yours to them so you each can make claims. Depending on your insurance, you may or may not be covered in a rental car. Call your insurance company immediately to verify what coverage, if any, you have.
Then, call the rental car company. Unfortunately, because rental car contracts stipulate the car must be returned in the condition it was rented, you may still be responsible for repairs to the rental car after an accident even if it wasn’t your fault. Oftentimes, drivers sign up for insurance through the rental car company. If you have this insurance, it may help mitigate the financial costs of repairing the rental car.
What Do I Do if the Other Party Was Renting a Car?
If you are driving your own vehicle and are in an accident with a rental car, your post-collision process remains unchanged. Call the authorities and seek medical attention first. Then collect insurance information from the other driver (and give your own), and call your insurance to make a claim.
You may be contacted by the rental car company to discuss the accident.
Am I Still Eligible to File a Personal Injury Claim in California?
Yes, personal injury claims are not exclusive to drivers operating their own cars. If your rental car accident was caused by another person’s negligence, you may still be eligible to file a personal injury claim with a California car accident lawyer and reclaim compensation for your medical bills, damaged property, and pain. That said, because the rental car involved in the accident is not your own, if your personal injury claim is successful, a portion of your award may go towards repaying the rental car company for repairs made to the rental car if you did not have adequate insurance to cover everything.
Frequently Asked Questions
How often do people get into accidents in their rental cars?
According to a study, over half of all vehicles (both rental and non-rental) are involved in accidents on the road. Of those vehicles, of which there are more than 200,000, 3.1% are rental cars. This is a significant percentage of car accidents. In fact, rental cars are involved in accidents at a higher rate than non-rental cars.
Do I need to avoid saying certain things after an accident?
In general, it’s wise to stick to the facts at the scene of an accident and avoid making any statements that can be construed as admitting fault. Remarks like “I’m so sorry,” and “I didn’t see them,” can make it seem like you may be at fault, regardless of the facts of the situation.
Why do I need to call the police after a rental car accident?
Many are reticent to call the police for any reason nowadays, much less for a minor car accident. However, the police are a vital step in documenting the accident which can help you file a claim with your insurance, the rental car company, and even help you bring a personal injury case. Remain calm and speak only in facts when discussing the accident with a police officer. Do not approach them unless they ask you to and make no sudden movements. Inform the officer if you need to walk away or get something out of your bag or car before doing so.
How to Retain a Personal Injury Lawyer in California After a Rental Car Accident
If you were involved in a rental car accident due to another’s negligence, you may be eligible to collect compensation for any personal injuries or damage to your property. Follow these steps to contact a personal injury attorney with BD&J, PC.
- Collect documentation on your rental car accident. Keeping photos, journal entries, police reports, and insurance claims to present to your personal injury attorney at BD&J, PC, can help expedite the filing of your claim.
- Contact our personal injury team here. Complete our form to receive a call from one of our team members regarding your potential case. Our lawyers will review the information you provide and begin the process of filing.
- Stay in contact with us. Our personal injury attorneys will be keeping you informed as your claim progresses. However, we empower our clients to participate in their claim and may need to discuss the process with you.
Helping California Drivers Get Back on the Road Faster
When you’ve been injured in a rental car accident and are still on the hook for your rental, you deserve an ally who can take some of the pressure off. Our team of experienced car accident attorneys has defended the rights of California drivers for over 20 years. If you’ve been hurt on the road by another car or truck, contact us today to schedule your free consultation. We’re available 24/7 anywhere in California.
