Accidents in a Rental Car
If you rented a car to go on vacation or simply to commute to work while your personal vehicle is in the auto shop, the last thing you expect is an accident. However, these scenarios happen, causing intense stress and frustration.
While you may feel lost and confused after an accident in a rental car, it is important to know that the legal process is very similar to an accident in your own personal vehicle. The main difference is that the rental company is a factor, which means that you could hold them liable for the car accident, or they could potentially hold you liable for the damage done to their vehicle.
Can I hold the rental company responsible for my car accident while driving their rental vehicle?
In some cases, you may be able to hold the rental company responsible for your car accident. However, it is important to remember that driving the rental vehicle at the time of the accident does not mean that the rental company is automatically at fault. Instead, you must be able to prove that the rental company owed you a duty of care, breached their duty of care, directly caused your accident, and that you experienced damages. Most of the time, clients hold rental companies responsible for their car accidents as long as they can prove the following:
- The rental company failed to conduct routine inspections on the rental vehicle.
- The rental company failed to repair anything that was reported to be broken or malfunctioning on the rental vehicle.
- The rental company failed to maintain and keep the rental vehicle up to date.
- The rental company was fully aware of a problem with the vehicle and tried to hide it from future customers.
Can a rental company sue me for damage caused to the rental vehicle?
There is a strong possibility that the rental company can and will try to sue you for the damage caused to their rental vehicle while it was in your possession. They will need to recover money to fix the damage that occurred during the accident. However, if you were not at fault, they may sue the other at-fault driver or party instead. If you are determined at fault for the accident and have a full-coverage insurance policy, your insurance will likely cover most if not all of the expenses; but if you do not have full coverage, your insurance will most likely not cover the damage done to the rental vehicle.
Keep in mind that rental companies usually ask you to sign and purchase collision damage waivers at the time of picking up the vehicle. If you did not opt out of this, the rental company usually cannot hold you responsible or sue you for any damage caused to their rental vehicle. In addition, if you used a credit card to pay for the rental vehicle, the credit card company may cover the accident and damage done to the rental vehicle. You will need to contact your credit card company and find out whether they offer any protection in the event of an accident when you use your credit card to rent a vehicle.
Will my car insurance policy cover my accident in a rental car?
If you are at fault for an accident in a rental car, your car insurance policy may provide coverage. According to the Ohio Bureau of Motor Vehicles, all vehicle owners in Ohio are required to carry $25,000 for injury and death of a person, $50,000 for injury and death of two or more people, and $25,000 for property damage per accident. Some insurance policies do cover rental cars, which means that your insurance company may pay for any injuries or damage that occurred to other drivers and passengers while you were driving the rented vehicle.
However, if you only carry the minimum required amounts, you may lack enough coverage to pay for the full extent of damage and injuries caused, which means that the injured parties may file a personal injury lawsuit against you to pay for the remainder of their losses.
What if the rental company charged me even though another driver was at fault?
If you believe that another driver was at fault for the accident, but the rental company sent you the charges for the rental car damage, you may be able to seek compensation from the at-fault driver’s insurance company. It is common for rental companies to charge before a legal case ever settles, because they need their money to fix or replace the vehicle as soon as possible. However, with the help of a Columbus car accident lawyer, you can file a claim with the at-fault driver’s insurance company and include these charges in the compensation you seek for your losses.
Is there a deadline to seek compensation for an accident in a rental car in Columbus?
As mentioned, accidents in rental cars are very similar to accidents in privately owned cars. Therefore, Ohio generally gives car accident victims two years from the date of their accidents to file a claim and seek compensation for their injuries and other losses. While this may seem like plenty of time, you should begin speaking with an attorney about your case and finding out what legal options may be available to you as soon as you have received medical treatment and are on the road to recovery.
Contact our Columbus attorneys today
Have you recently been injured in a car accident while driving a rental car? If so, please do not hesitate to get in touch with the Columbus car accident attorneys at Soroka & Associates, LLC at your earliest opportunity. Our team can investigate the accident, determine liability, gather valuable evidence, and protect your legal rights and best interests. We also communicate with your insurance company and determine what type of coverage you have and whether it extends to rental vehicles. Regardless of whether you made a mistake and contributed to the accident, the rental company’s lack of maintenance caused the crash, or another driver’s negligence resulted in the collision, our lawyers are here to assist you with compensation for the damage to the rental car, your medical expenses, lost income, pain and suffering, and more. Call our office or submit our contact form to schedule a meeting to begin discussing your case today.