Maison Law represents car accident victims in Monterey. Given Monterey’s busy traffic and its proximity to popular tourist spots, car accidents are fairly common. The high number of rental cars along major routes along Pebble Beach or Cannery Row only adds to this. If your accident involves a rental car, the legal situation can become more complicated. However, you do have options. Contact us today for a free, no-obligation consultation to learn more.
When Do You Need a Lawyer?
Nobody wants to be in a car accident, whether it’s with your own car or a rental. Unfortunately, accidents happen often in Monterey. Whether you need our lawyers depends on your situation.
Minor accidents usually don’t require a lawyer, but if you’re in a rental car accident, especially with injuries, it can get complicated. In those cases, consider working with our team. Here’s how we approach these cases:
- Create a tailored strategy for your situation.
- Help gather crucial evidence.
- Explain your legal options.
- Support you through the legal process if you decide to go forward.
Overall, we just want to make this situation easier for you and your family. Being in a rental car accident is something that’s hard to prepare for, but with our team’s help, we can make things smoother as you deal with your injuries.
Who’s Responsible for a Monterey Rental Car Accident?
Determining who’s legally responsible (or “liable”) for a rental car accident and any resulting injuries can be tricky. While the basic rule is that negligence decides liability, applying this rule can be complex with a rental car involved. Several parties might share liability, depending on the details of the accident. In most cases, responsibility is going to go on one or multiple of the following:
- Driver of the rental car – They are liable if they violated traffic laws, were speeding, driving under the influence, or distracted.
- Another driver – As in any accident, another driver can be held liable if their actions caused the crash.
- Car or part makers – If a defect in the rental car or its parts led to the accident, the manufacturer might be liable.
- Road maintenance agencies – They could be liable if poorly maintained roads or inadequate signage contributed to the accident.
- Passengers or pedestrians – Passengers or pedestrians might share liability if their actions, such as distracting the driver, played a role in the accident.
You can also share some of the responsibility if you were driving the rental car. You can still file an injury claim, but your damages will be reduced by your share of fault. This is due to California’s “comparative negligence” statute.
Again, a rental car accident (at least in legal terms) is the same as any other car accident when figuring out liability. But what separates a rental car accident is the potential complications that come when an outside rental car company is involved.
How the Rental Car Company Handles the Legal Process
Handling a rental car accident often involves a more complex legal process because the rental company’s insurance will be involved.
Think of it this way: the rental company owns the car. If an accident happens and they are found to be at least partly responsible, they’ll carry some responsibility for paying for your injuries and other damage. This applies regardless of the rental company, whether it’s:
- Enterprise
- Avis
- Hertz
- Dollar
- Budget
- Alamo
As the owner of the vehicle, the rental company has specific responsibilities when renting out a car. They must ensure that:
- The driver is licensed and usually at least 25 years old.
- The vehicle is in good working order and free from issues.
- Their policies and procedures are followed during the rental process.
If the company or its employees fail to meet these responsibilities and an accident occurs, the company may be liable for your injuries and other damages.
What Damages Can You Get in a Monterey Rental Car Accident Claim?
One area where a rental car accident is similar to others is your rights–and the process for recovering damages. While there may be unique aspects to these cases, your options for pursuing a claim remain unchanged. If you’re injured due to someone else’s negligence, you can file an injury claim.
Generally, you do this in two main ways:
- Insurance claim – This process is less formal and managed entirely by the insurance company. They handle the evidence gathering, investigation, and decide on the settlement offer. Although this route can provide quicker access to funds (known as “damages”), it often doesn’t fully cover all your injuries and losses.
- Lawsuit – This method requires more time and effort but offers a better chance for a fair settlement or verdict because it involves the court system, with a judge and jury overseeing the case.
No matter which option you decide to go with, you can potentially recover:
- Medical expenses
- Lost income or earning potential
- Repair or replacement costs for your vehicle or rental car, plus related fees
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death expenses, if the accident is fatal
You also have two years from the date of the accident to file your claim under California’s “statute of limitations.” Missing this deadline means you can’t file a claim and recover damages. With that taken care of, though, you have to start focusing on your case and what you need to do.
What to Do After a Rental Car Accident in Monterey
If you’re in a rental car accident in Monterey, acting quickly and systematically is crucial to build a strong claim. Here’s what you should do:
- Get medical help – Immediately check for injuries and call 911 if needed. Receive care from paramedics and seek further treatment at a hospital if necessary.
- Report the accident to police – Call the Monterey Police Department or county sheriff’s office so they can handle the scene and gather important information. Also, make sure the rental car company is told about the accident.
- Collect Important Information – Get names, contact details, and insurance information from everyone involved. Make sure to get information about the rental car and the rental company. Also, get contact information from anybody that saw the accident.
- Document the accident scene – Take photos or videos of the accident scene, including damage to vehicles, road conditions, and visible injuries.
- Be cautious with statements – Avoid discussing the accident with insurance companies until you’ve spoken with our team. If you must speak with someone, stick to the facts. Also, don’t post about the accident on social media or talk about it in public. Any statement you make can be used against your claim.
While each accident is different, following these steps is essential, especially when a rental car is involved. Focus on your health and safety first, then use these steps to manage the situation effectively and lay the groundwork for your claim. And remember, our team will be there to support you throughout the process.
Experienced Rental Car Accident Lawyers in Monterey
Accidents can happen frequently in Monterey, and involving a rental car can make things more complicated. At Maison Law, our team of Monterey rental car accident lawyers is here to make sure you have everything you need for a successful claim. We’ll clarify your rights and guide you through the entire process. Contact us today for a free consultation
