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In rare cases, you may have a chance to sue a rental car company for an accident. Typically, you can only sue the rental car company if they knowingly rented a car to someone they knew as an unsafe driver and said driver caused an accident or if the company failed to properly maintain a vehicle and improper maintenance caused your crash.
The legal landscape can become complex when it comes to collisions involving rental cars. A Charleston car accident lawyer can provide more information about potential liability for a rental car accident.
When Can You Sue a Rental Car Company for an Accident?
In certain circumstances, the rental car company may be liable for damages caused by their vehicle.
You can sue a rental car company for an accident if:
The Crash Occurred Due to Known Mechanical Issues
If the rental car had mechanical issues that the company was aware of but failed to address, contributing to or exacerbating the accident, you may have grounds for legal action. Common issues include:
- Faulty brakes
- Malfunctioning steering
- Worn-out tires
A Charleston personal injury lawyer can review your situation and determine if these factors contributed to your crash.
The Company Rented a Car to a Known Dangerous Driver
Sometimes, a rental car crash occurs because the rental company gives a car to a driver that they know–or should know–will engage in dangerous or reckless behavior. However, the Graves Amendment (49 U.S. Code § 30106) makes it very challenging to file a claim on this basis.
Lawyers Have to Establish Fault to Sue a Rental Car Company
Your lawyer must establish the facts to get you compensation after an accident in a rental car. Typically, a car accident attorney needs to show that:
The Crash Involved Negligence or Breach of Duty
To hold the rental car company liable, a rental car accident lawyer must demonstrate that they were negligent or breached a duty of care. This process typically involves proving that the company knew about the mechanical problem but did nothing to fix it or take the car out of service.
Causation
Your lawyer must establish a direct link between the mechanical issue and the accident. Therefore, your attorney may need to demonstrate that the mechanical problem was a substantial factor in causing the crash or making it more severe.
Injuries or Damages
To pursue a lawsuit, you must have suffered injuries or damages due to the other party’s negligence. These damages could include medical expenses, property damage, lost wages, and pain and suffering.
Whose Insurance Pays for Rental Car Accidents?
In accidents involving rental cars, liability generally hinges on who was at fault for the crash. If another driver’s negligence caused the accident, you would typically pursue an insurance claim with their insurer. A lawyer may file a claim against the insurance that came with their rental car package or the driver’s insurance.
In South Carolina, rental car companies typically offer the minimum state-required liability insurance coverage required by the South Carolina Department of Insurance. Specifically, they provide $25,000 in bodily injury liability insurance per person, $50,000 per accident, and $25,000 in property damage liability coverage per accident.
Suppose the person renting the car has a personal car insurance policy, and their liability limits exceed the state’s minimum requirements. In that case, this additional protection may extend to accidents they cause while driving a rental car. If your injuries are severe or an insurance company is disputing liability, one of our attorneys could help you fight for a fair settlement.
What Steps Should You Take After an Accident in a Rental Car?
An accident involving a rental vehicle can leave you stunned and unsure of what to do next. Here’s what to do after a collision involving a rental car:
- Seek medical attention: As with any accident, your safety and well-being are top priorities. Get medical attention for any injuries sustained in the accident.
- Contact local law enforcement: Report the accident to the police and ensure they file an official report.
- Document the scene: Take photos of the accident, including the crash scene and any damage to the rental car and other vehicles involved.
- Collect information: Gather the names and contact information of all parties involved, including witnesses.
- Notify the rental company: Inform the rental car company about the accident.
- Consult an attorney: If you are injured, it’s best to consult with an attorney with experience in similar cases.
A personal injury attorney can provide more information about your next steps after an auto accident.
Should You Consult With a Lawyer After a Rental Car Collision?
Rental car accidents can involve complex legal issues beyond the scope of this article. To determine whether you have a valid claim against the rental car company, consult a knowledgeable attorney who can assess your case and guide you through the legal process.
Your rights and potential compensation may depend on the specific circumstances of the accident.
Also, if you are severely injured, your damages may exceed the at-fault driver’s insurance policy limits. You may face a complex legal situation, and it’s best to have an accident lawyer evaluate your case and investigate potential liability for your injuries.
Contact Us for Help After a Rental Car Crash
Can you sue a rental car company for an accident? In some cases, yes. If you believe a rental car company or another party caused your accident and injuries, an attorney from our team at The Thumbs Up Guys could investigate the collision to identify the liable party.
If you or a loved one sustained injuries in a rental car accident, you may face an uphill battle with insurance companies and other responsible parties trying to shift liability. You need an advocate fighting for your right to compensation.
Our team at Miller, Dawson, Sigal & Ward regularly handles complex car accident cases and can help you recover financially after a collision. Call now or contact us online for a free consultation with a member of our legal team.
