Accidents in Rental Cars

When renting a car, people often forgo the rental company’s offer of supplemental insurance, since they do not anticipate being involved in an accident. Also, they may think that their own insurance will cover any damage sustained. Unfortunately, the nature of accidents is that they are always unexpected. And when these crashes are severe, sometimes insurance is not all-inclusive for an accident involving a rental car. The Miami car accident attorneys at the Law Offices of Robert Dixon have experience in dealing with the multitude of parties that may be involved in a legal dispute following a rental car accident in South Florida.

One of the main issues in a collision involving a rental car is insurance coverage. Many of us do not know the extent of our policies for our own cars, much less what happens when we are driving a rental. Additionally, the question of fault may be more important in these situations, since all parties need to determine which insurance policy covers the expenses that result from a crash.

There are different potential sources of coverage following a rental car accident, including the renter’s own insurance policy. However, there is sometimes an unwillingness to pay by insurance companies, or a policy may not cover all of the costs associated with a serious accident, especially if that policy originates from out of state. Another possible source of coverage is from credit card companies, which may offer insurance when renting a car by using their card. Rental car companies also must legally provide the required state minimum coverage, but it may not be enough to cover the cost of a severe collision.

When an accident involves residents of different states, the courts in the state where the accident occurred retain jurisdiction over any legal claims. As a result, nonresidents and residents both may have causes of action against negligent parties involved in a rental car accident. Negligence exists when one or more parties breaches an owed duty of care to act in the same manner as a reasonable and prudent person under the given circumstances. For instance, a driver who fails to check a blind spot when switching lanes, or a driver who is distracted by a phone, may be found to have acted unreasonably. An injured plaintiff must also show that this breach was a proximate cause of his or her injuries and that damages resulted.

When there are multiple parties at fault for a car crash, each party is responsible for damages in amounts proportionate to their degree of liability. Following a pure comparative fault scheme of awards, this means that when one party is 20 percent at fault, they must pay 20 percent of an injured person’s damages, and so on for any other negligent parties. Damages may include medical bills, loss of income and diminished earning capacity, property damage, and pain and suffering in situations in which permanent impairments result.

If you need legal guidance following an accident in a rental car, the motor vehicle collision attorneys at the Law Offices of Robert Dixon can help you assert your legal rights. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation with a Miami car accident lawyer. Our firm represents people who have suffered injuries throughout South Florida, including residents of West Palm Beach, Miami, and other cities in Miami-Dade, Palm Beach, and Broward Counties.