Maison Law represents anyone that’s been hurt in an accident with a rental car in California. Our experienced California rental car accident lawyers understand how difficult and confusing this situation can be, and we’ll be there to provide the necessary legal guidance and support you need. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer?
Being in any car accident is scary and confusing, but even more so when there’s a Hertz rental car involved. Whether you’re the one driving it or another person is, it raises a lot of questions. Still, you don’t technically need a lawyer, particularly if the accident is minor. That said, because these types of accidents can lead to serious injuries and be confusing, having our team of car accident lawyers by your side can really help.
We approach every car accident with your needs in mind, so we can help you by:
- Looking into what happened
- Who’s at-fault
- How involved Hertz will be
- Helping you gather evidence
- Negotiating with insurance companies
Our top priority is to make things easier for you. If you’re trying to deal with the legal process on top of your injuries, it can quickly overwhelm you. We can focus on the legal side of things and let you focus on your health and family.
Who’s Responsible When There’s a Rental Car Accident?
At first glance, a rental car accident raises a lot of questions about liability. However, when you break it down, it’s not all that different from any other car accident. Outside of certain circumstances, there’s generally two parties that will share responsibility when there’s a car accident with a Hertz car:
- Hertz, as the rental company
- The driver of the car
At that point, regular car accident procedures apply. This means that the determining factor of who’s responsible is “negligence.” So, whoever did something careless is the one who will carry most of the liability. Specifically, though, it could fall on on any of the following:
- The driver – The primary responsibility in a car accident often falls on the driver. If the driver of the Hertz rental car is found to be negligent, like if they were driving recklessly or under the influence, they are usually the main party held liable.
- Hertz – Hertz can also be held liable under “vicarious liability” if they rented out a defective car or failed to maintain it properly. They might share responsibility if the accident was caused by issues related to vehicle safety that they overlooked.
- Third drivers – Third-party drivers can be liable if their negligent actions contributed to the accident, such as speeding, running a red light, or other traffic violations. Fault may be shared if both drivers were negligent.
- Manufacturers – If a defect in the rental car or its parts contributed to the accident, the manufacturer could be liable. This includes design flaws, manufacturing defects, or failure to provide adequate warnings.
- Government agencies – Government agencies, like the city, state, or county government may be liable if poor road conditions, improper maintenance, or unsafe road design contributed to the accident.
If you’re driving the Hertz car and are involved in the accident, there’s also “comparative negligence” to worry about. If you contribute to the accident in any way–like if you were distracted or driving recklessly–your overall claim recovery will be reduced by your same percentage of fault.
What Damages Are Available in a Hertz Car Accident Claim?
A car accident with a Hertz rental car is also similar in terms of what you can recover in an injury claim. Basically, this claim allows you to recover certain “damages” from the responsible party, whoever it is.
These damages are the losses from your injuries and other harm caused by the accident. You usually have two paths:
- Making an insurance claim
- Filing a personal injury lawsuit
Both options follow a similar process once the claim is made. First, there’s an investigation phase to gather evidence and determine who is at fault. Then, it moves to negotiation, ending with a settlement offer or a jury decision. This can provide financial help for things like your:
- Expenses for medical treatment and bills
- Costs for repairing or replacing the car
- Financial considerations for lost wages or future earnings due to inability to work
- Financial support for physical pain and mental suffering resulting from the accident
- Expenses related to any loss of companionship or decline in quality of life
- Wrongful death expenses, like funeral or burial costs, resulting from the accident or injuries
Obviously, your damages are going to depend on how serious your losses are and the other circumstances involved in the accident. You also have to file your claim within California’s statute of limitations for injury claims, which is currently set at two years from the date of the accident itself.
How Can You Protect Your Injury Claim?
While it’s true that being in a car accident with a Hertz rental car makes the situation a bit more complex, it doesn’t really change what you need to do to protect your claim. In this sense, it’s the same as any other car accident. You have to think about your health first, then do a few things to protect your potential injury claim. So, here’s what you need to do:
- Assess injuries – Prioritize checking for injuries among yourself and any passengers. If there are injuries, call 911 for an ambulance.
- Call the police – Report the accident to the police to create an official record of the incident. They can also get information for you regarding the Hertz rental car or driver.
- Tell Hertz about the accident – If you’re driving your own vehicle, gather details about the Hertz car involved and report the accident to them. They’re responsible for following their accident protocol from there. Make sure to keep a record of any communications you have with them.
- Call your insurance – Tell your car insurance carrier about the accident so they’ll be in the loop.
- Gather witness accounts – Speak with any witnesses to the accident, noting their observations and getting their contact information.
- Document the scene – Use your phone to take photos and videos of the accident scene to show its severity. Also note anything that led up to the accident.
- Swap information – Share your contact and insurance details with the other parties involved in the accident.
- Review rental details – If you rented the car, gather evidence confirming your permission to use it and any other pertinent rental information.
While nobody plans to be in an accident with a Hertz rental car, it’s vital to be prepared for such situations. Following these steps makes sure you can handle whatever follows, and our team will be there to help you throughout the process.
Support After a Hertz Rental Car Accident in California
Being in a car accident is tough enough on its own, but especially so when you’re either driving a Hertz rental car or it’s the other car involved. Having to deal with injuries, damage to your car, Hertz’s involvement in the process, and everything else takes experienced legal guidance and support.
At Maison Law, our California rental car accident lawyers have what you need. We can explain the legal process to you, stand up for your rights, and make sure your claim remains strong throughout. If you or a loved one have been hurt in a Hertz rental car accident, contact us today for a free consultation.
