Maison Law represents those that are injured in car accidents across California. Car accident scenarios in California are seemingly endless. There’s many people out there on the road, as well as many different vehicles–including rental cars. This raises questions when they’re involved in your accident, but our lawyers can help you. To learn more about your options, contact us today for a free consultation.
Do You Need Our Lawyers?
You never want to be in a car accident, whether you’re driving a rental car or whether the other person that’s involved is. Still, this is a fairly common scenario, especially with the number of visitors and tourists that you’ll find in California. But whether or not you need our lawyers depends on the circumstances.
Hopefully, your accident or injuries are minor and won’t require legal action. However, when there’s a rental car involved, it makes the situation a bit more complicated. Then, factoring in your injuries, it makes everything harder. That’s where our team can step in, guiding you through the process and supporting your claim and rights.
Who’s Liable When There’s a Rental Car Accident?
Although it might not seem like it, a rental car accident isn’t necessarily all that different from a regular car accident. The main question that you’ll need to answer involves who is liable for your injuries and other damages.
The answer, like any car accident, depends on what happened. Generally speaking, whoever acted negligently and caused the accident is going to be liable.
This mainly involves any of the following:
- The driver of the rental car – They are responsible for their driving behavior, such as following traffic rules and avoiding speeding, driving under the influence, or driving while distracted.
- The rental car company – If the accident is due to a maintenance issue or a problem with the rental process, the rental company might be held liable.
- A third driver – If another driver caused the accident, they would typically be responsible for any damages they caused.
- A passenger – If a passenger’s actions contribute to the accident, like distracting the driver, they may also share some liability.
- Vehicle or parts manufacturers – If the accident happens due to a defect in the rental car or its parts, the manufacturer could be held responsible.
- Local or state government agencies – If the accident occurs due to poorly maintained roads or improper signage, the government agency in charge might be liable.
What if You’re Driving the Rental Car?
If you’re the one driving the rental car, your rights and options don’t change–as long as you aren’t the one that caused the accident. In legal terms, this is known as “comparative negligence.” You can still file an injury claim, but your potential recovery is going to be reduced by whatever fault you have in the accident.
Additionally, the rental company may offer you additional liability insurance. Still, this doesn’t protect you if you do things like drive recklessly or don’t follow the other provisions in the rental agreement.
Overall, the main factor in figuring out liability is negligence. This not only sets the course of your potential claim, it also plays a big role in how your claim will play out. Still, you need to understand how you get the available financial support.
How Do You Get Financial Support After a Rental Car Accident?
Any car accident is going to cause you some type of damage. This can refer to your physical injuries, emotional and mental turmoil, financial losses, and a host of other things that you’ll need to deal with. Taken together, these things make up the bulk of your “legal damages.” But in order to get these damages, you have to file an injury claim.
There are two main legal options available: an insurance claim or a personal injury lawsuit.
An insurance claim is made out of court, so it’s a lot less formal. While it gives you quicker access to potential settlement funds, the insurance company controls the whole process and decides how much they want to give you (regardless of how strong or weak your claim is.)
On the other hand, a lawsuit is a formal legal action. This means that it’s a more objective process, but it takes longer and requires more effort. Still, it gives you a greater chance at more financial support because an impartial judge and jury oversee the process.
In terms of what your damages are, that depends on the extent of your injuries and other losses. Generally though, California law makes the following categories of damages available in any car accident claim:
- Medical expenses
- Vehicle repair or replacement costs
- Lost wages or future earnings
- Pain and suffering you go through
- Emotional distress resulting from the accident
- Decreased enjoyment of life or loss of companionship
- Wrongful death expenses in the event of a fatality.
So, filing an injury claim is a huge part of your recovery journey. Still, you have to act quickly. There’s a two-year deadline to file an injury claim after a car accident. Miss this deadline, and you won’t be able to recover damages.
How Can You Strengthen Your Claim After a Rental Car Accident?
Whenever there’s a car accident, there’s certain things you’re going to have to do. And this process starts right after the accident happens. It’s about taking care of your health and safety first, but then gathering vital information. This, as you might expect, is even more important when there’s a rental car involved. So, here’s what you can do to strengthen your potential claim:
- Take care of your injuries – Immediately check for injuries and dial 911 if needed. This should prompt an ambulance. Once emergency medical technicians (EMTs) arrive, get care from them. It’s also a good idea to get further care at a hospital to take care of any lingering injuries.
- Report the accident – Report the accident to the police so they can respond and manage the scene. They will collect necessary information. Additionally, it’s very important to tell the rental company about the accident. They should provide further instructions.
- Collect information – Get names, contact details, and insurance information from all parties involved, including information about the rental car and company. Also, gather contact information from any witnesses that saw the accident.
- Document the scene – Take photos or videos of the accident site, capturing damage, road conditions, and any injuries.
- Exercise caution with statements – Don’t discuss the incident with insurance companies without consulting our team first. Similarly, avoid posting about it on social media.
Every accident differs, but these steps generally apply to rental car accidents. Basically, take care of your health and safety first, and everything else will take care of itself. Still, it’s important to look at how a rental car company is going to approach an accident.
How Will a Rental Car Company Approach an Accident?
Much like your options don’t necessarily change when there’s a rental car involved in your accident, they also don’t change based on the actual rental car company. However, every rental car company has its own process for approaching an accident involving one of their vehicles. This is true across the many rental car companies currently on the market, like:
So, no matter what company is involved, here’s how they’ll approach an accident:
- Safety – The first thing they’ll do is make sure that whoever they rented the car to has access to medical care and can get to safety.
- Documentation – A big part of the rental company’s role is making sure to keep up with documentation on the driver, insurance, and vehicle records. This will be key evidence in the process.
- Evaluating the vehicle – Another huge component of these accidents is the condition of the car. Many rental companies have procedures in place to check their vehicles to make sure they work properly.
- Insurance – Whether or not the renter takes out additional insurance coverage that the company offers doesn’t factor in. The rental company has its own insurance to take care of any accidents. This is primarily who you’ll be dealing with in the claims process (if the rental company is responsible.)
Again, the level of liability the rental car company has in your particular accident could vary. But one way or the other, they’ll be involved when one of their vehicles is involved in a car accident. While it can get confusing, our team will be there to support your claim.
Experienced California Rental Car Accident Lawyers
No matter what your injuries are in a California rental car accident, you can turn to our experienced car accident lawyers at Maison Law for support. Whenever there’s a rental car company and others involved, it can make things much more complicated. But with our skill and knowledge, our team can clearly explain your options then guide you through the recovery process. Don’t wait–contact us today for a free consultation if you’ve been involved in a car accident with a rental car in California.
